It is not enough that the name of an officer is changed or his powers enlarged, to authorize the legislature to confer upon the governor the appointment of officers to discharge the duties performed by a city officer at the adoption of the N. Y. Constitution.- People v. Raymond, 37 N. Y. 428.

It would not be competent for the legislature to create a new civil division of the state and abrogate the local offices of the several counties that might compose it, and direct the appointment by the governor and senate of other officers limited to perform the same local functions only, although distinguished by new and more extended titles. It is therefore, essential, in order to justify their appointment by the gov ernor and senate, that the metropolitan fire commissioners should be, under the act, officers of a new civil division or district of the state, created for general permanent purposes of government in substance and fact, as well as in name.- - People v. Pinckney, 32 N. Y. 377.

New York Const. of 1846, Art. X, § 2, leaves the legislature free to provide, as it sees fit, for the election or appointment of all officers, local or general, thereafter created by law.- People ex rel. Wood v. Draper, 15 N. Y. 532.

N. Y. Const., Art. X, § 2, relates only to such offices as existed at the time the Constitution took effect, and does not apply to an office which the legislature, in providing for the accomplishment of a particular object within its authority, creates for the performance of a specific duty which might have been performed by a city or town officer.- Syracuse v. Hubbard, 64 App. Div. (N. Y.) 587, 72 N. Y. Supp. 802.

L. 1897, ch. 286, providing that in certain towns any five or more persons owning land abutting on a highway might petition the Supreme Court for the appointment of commissioners for the purpose of widening and improving the highway, is considered by Cullen, J., to be in violation of Const., Art. II, § 10, relative to the appointment of local officers.— Matter of Henneberger, 25 App. Div. (N. Y.) 164, 49 N. Y. Sup. 230.

[8] When a carrier is doing business within a district.

A railroad company which has no tracks within a district is not doing business therein in the sense that liability for service is incurred because it hires an office and agent to solicit freight and passenger traffic. Green v. C. B. & Q. R. Co., 205 U. S. 530, 27 Sup. Ct. R. (U. S.) 594.

§ 6. Counsel to the commissions *[Power to appoint assistants].-Each commission shall appoint as counsel to the commission an attorney and counselor-at-law of the state of New * Words in brackets are not a part of section heading as enacted.-Ed.

York, who shall hold office during the pleasure of the commission. Each counsel to the commission shall, subject to the approval of the commission, have the power to appoint, and at pleasure remove, attorneys and counselors-at-law, to assist him in the performance of his duties, and also to employ and remove stenographers and process

servers.

Power of Interstate Commerce Commission to employ special counsel, see inters. Com. Act, § 16, post, Appendix B.

Constitutional provisions as to appointment and removal of employees, see N. Y. Const., Art. V, § 9.

Corporation Counsel of New York City, the counsel to Board of Rapid Transit Commissioners,—see N. Y. Rap. Tr. Act, § 9, post, Appendix A.

Eligibility of counsel to the Commission,- see post, § 9.

Duties of counsel to the Commission, in general,- see post, § 12.
Salary of counsel to the Commission,- see post, §§ 13, 14.

Certain acts defined as grounds for removal of counsel to the Commission,- see post, § 15.

7. Secretary to the commissions.- Each commission shall have a secretary to be appointed by it and to hold office during its pleasure. It shall be the duty of the secretary to keep a full and true record of all proceedings of the commission, of all books, maps, documents and papers ordered filed by the commission and of all orders made by a commissioner and of all orders made by the commission or approved and confirmed by it and ordered filed, and he shall be responsible to the commission for the safe custody and preservation of all such documents at its office. Under the direction of the commission the secretary shall have general charge of its office, superintend its clerical business and perform such other duties as the commission may prescribe. He shall have power and authority to administer oaths in all parts of the state, so far as the exercise of such power is properly incidental to the performance of his duty or that of the commission. The secretary shall designate from time to time, one of the clerks appointed by the commission to perform the duties of secretary during his absence and, during such time, the clerk so designated shall at the office possess the powers of the secretary of the commission.

Appointment of secretary to Interstate Commerce Commission,- see Inters. Com. Act, § 18, post, Appendix B.

Provisions as to secretary of former Board of Railroad Commissioners, -see N. Y. R. R. L., § 152.

Eligibility of secretary to the Commission,- see post, § 9.

Duties of secretary concerning the offices of Commission,- see post, § 10.

Salary of secretary to the Commission,- see post, §§ 13, 14.

Certain acts defined as grounds for removal of secretary,-see post, § 15.

Secretary may sign and issue subpoenas for the Commission,- see post, $ 19.

Books and records of former Board of Railroad Commissioners, Board of Rapid Transit Railroad Commissioners, Commission of Gas and Electricity, and the Inspector of Gas Meters, transferred to the Public Service Commissions,- see post, § 84.

Secretaries to the Nebraska Board of Transportation are not executive state officers, but mere deputies, to act for, their principals in matters that precede and lead to a final order or decision, which must be by their principals.- Pacific Exp. Co. v. Cornell, 59 Neb. 364, 81 N. W. 377.

§ 8. Additional officers and employees.- Each commission shall have power to employ, during its pleasure, such officers, clerks, inspectors, experts and employees as it may deem to be necessary to carry out the provisions of this act, or to perform the duties and exercise the powers conferred by law upon the commission.

Power of Interstate Commerce Commission as to employees,—see Inters. Com. Act, § 18, post, Appendix B.

Rules and regulations governing the appointment and removal of employees, see N. Y. Civil Service Law (L. 1899, ch. 370) and the rules of the N. Y. State Civil Service Commission.

Constitutional provisions as to appointment and removal of subordi nate officers, see N. Y. Const., Art. V, § 19.

Power of former Gas and Electricity Commission to appoint subordinate officers,- see N. Y. Gas & El. Com. Act, § 7.

Power of former Board of Rapid Transit Railroad Commissioners to employ officers, clerks, etc.,- see N. Y. Rap. Tr. Act, § 9, post, Appendix A.

Power of former State Board of Railroad Commissioners to appoint subordinate officers.- see N. Y. R. R. L., § 153.

Eligibility of officers and employees of Commissions,- see post, § 9. Payment of salaries and expenses of officers and employees,- see post, §§ 13, 14.

Every person employed by a Commission is a public officer,- see post, § 15.

Certain acts defined as grounds for removal of officers and employees of Commissions,- see post, § 15.

All persons employed by Board of Rapid Transit Railroad Commissioners at the passage of this Act are eligible for transfer and appointment to positions under the Public Service Commission of the first district,- see post, § 84.

Retaining in employment persons employed by former Board of Rapid Transit Commissioners,― see post, § 84, note.

Where a commissioner has the power to discharge subordinates at will, no form of words is necessary to accomplish that result. If he intends to and does communicate to the employee the fact that his services are no longer required and this is so understood by both parties, a discharge is effected. Wardlaw v. Mayor, 137 N. Y. 194, 33 N. E. 140.

The power vested in an executive officer to investigate, etc., authorizes the employment of clerks, expert accountants, and other subordinates, and makes the expenses thereof a legitimate public obligation.-AttorneyGeneral v. Jochim, 99 Mich. 358, 58 N. W. 611, 23 L. R. A. 699.

"As to future employees of the [Public Service] Commission, they are under the jurisdiction of the State Civil Service Commission."—Opinion of Corporation Counsel F. K. Pendleton, rendered to Comptroller H. A. Metz, July 13, 1907.

§ 9. Oath of office; eligibility of commissioners and officers. Each commissioner and each person appointed to office by a commission or by counsel to a commission shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. No person shall be eligible for appointment or shall hold the office of commissioner or be appointed by a commission or by counsel to a commission to, or hold, any office or position under a commission, who holds any official relation to any common carrier, railroad corporation, street railroad corporation, gas corporation or electrical corporation subject to the provisions of this act, or who owns stocks or bonds therein.

Qualifications of members of Interstate Commerce Commission,- see Inters. Com. Act, §§ 11, 24, post, Appendix B.

Eligibility for appointment to former Commission of Gas and Electricity, and provisions as to oath of office,- see N. Y. Gas & El. Com. Act, § 4.

Eligibility for appointment to former Board of Railroad Commissioners and provisions as to taking of oath of office,-see N. Y. R. R. L., § 154. Provisions as to taking of oath by members of former Board of Rapid Transit Railroad Commissioners,- see N. Y. Rap. Tr. Com. Act, § 2, post, Appendix A.

Commissioners shall be residents of the district from which they are appointed, see ante, § 4.

Certain acts by commissioners and officers forbidden,- see post, § 15.

Failure to take the oath of office required by law does not create a vacancy in the office, but at the utmost only furnishes a cause for forfeiture, and a vacancy can only be created by a direct proceeding for that purpose.- Cronin v. Stoddard, 97 N. Y. 271; People ex rel. Wilson v. Trustees, 59 Hun (N. Y.), 204, 13 N. Y. Supp. 447; affd. 128 N. Y. 657, 29 N. E. 148.

The failure of election officers to take a valid oath does not vitiate an election conducted by them, as acts of public officers being in office by color of election or appointment are valid, so far as the public is concerned.- People v. Cook, 8 N. Y. 67.

An oath of office, taken by a person duly chosen to the office, is, apparently, not open to the objection that it was filed, too late, if filed at any time before proceedings are taken to declare a vacancy in the office.— People ex rel. Brooks v. Watts, 73 Hun (N. Y.), 404, 26 N. Y. Supp. 281.

A defect in the oath of office, or delay in the filing thereof, apparently does not create a vacancy in the office, which can be effected only by a direct proceeding for the purpose.- People ex rel. Brooks v. Watts, 73 Hun (N. Y.), 404, 26 N. Y. Supp. 281.

§ 10. Offices of commissions; meetings; official seal; stationery, etc.-1. The principal office of the commission of the first district shall be in the borough of Manhattan, city of New York; and the office of the second district shall be in the city of Albany, in rooms designated by the trustees of public buildings. Each commission shall hold stated meetings at least once a month during the year at its office. Each shall have an official seal to be furnished and prepared by the secretary of state as provided by law. The offices shall be supplied with all necessary books, maps, charts, stationery, office furniture, telephone and telegraph connections and all other necessary appliances, to be paid for in the same manner as other expenses authorized by this act.