The Revised statutes of the state of New York: as altered by subsequent legislation, Volume 1, 1882
[The New Capitol.] page 588-595
[The New Capitol.]
[The following statutes are merely those which relate to the construction, management, etc., of the new capitol and its appurtenances. Mere appropriation acts or temporary provisions have been omitted, in accordance with the general plan of the work.]
L. 1865, Chap. 648—An act authorizing the erection of a new capitol. Deed of land; commissioners to be appointed. Section 1. Whenever, within three years from the passage of this bill, the city of Albany or the citizens thereof, shall deposit with the commissioners of the land-office of this state, a good and sufficient deed conveying to the people of the state of New York, in fee simple and unincumbered, all that certain piece or parcel of land generally known as Congress Hall block, in the said city of Albany, and bounded as follows: northerly by Washington avenue; easterly by Park place; southerly by Congress street and westerly by Hawk street; and furnish the proper evidence that the common council of said city of Albany, has closed and discontinued that part of Park place south of Washington avenue, and that part of Congress (late Spring) street, east of Hawk street, which said common council are hereby authorized to do, and thereupon, the streets so closed shall become the property of the state, and be included in, and form a part of the capitol grounds; the governor shall nominate, and by and with the consent of the senate, appoint a board of three commissioners, to be known as "The new capitol commissioners," for the purpose of erecting a new capitol for the use and accommodation of the executive, legislative and judicial departments of the state, and such other objects and purposes as may be connected therewith; and in case of a vacancy in the office of said commission, the governor is hereby authorized to fill the vacancy by appointment by and with the consent of the senate.
In case the mayor, aldermen and commonalty of the city of Albany shall be unable to agree for the purchase of any real estate required for the purposes of this act, the state shall have the right to acquire the title thereto, and in case application shall be made therefor by the municipal authorities of said city of Albany, to the attorney-general, it shall be his duty for and in behalf of the people of the state, and in their name, forthwith to present a petition to the supreme court of the third judicial district, at any general or special term thereof, for the appointment of three commissioners of appraisal, and acquire title to such land in the same manner as railroad companies are authorized to acquire title to land in and by the provisions of chapter one hundred and forty of the Laws of eighteen hundred and fifty, and all the provisions of said acts, so far as the same relate to the acquiring of property, are hereby extended and made applicable to the acquiring title to any property which may be needed for carrying out the provisions of this act, and on the payment into the state treasury by the municipal authorities of the city of Albany, of the amount awarded the owners of said property, it shall be deemed equivalent to depositing the deed named in the first section hereof. But nothing iu this section contained shall be held or construed to oblige this state to pay any part of the money awarded for the said lands. And if the said mayor and commonalty of the city of Albany shall not comply with the provisions of the said award by paying the money named therein, according to the terms thereof, the state may abandon the proceedings for acquiring the title to said lands.
Oath and pay of commissioners. § 2. The commissioners shall, before entering upon the discharge of their duties, respectively take and subscribe the oath of office prescribed by the Constitution, and deposit the same in the office of the secretary of state. They shall not receive any compensation for their services; but their disbursements and expenses, to be audited by the comptroller, shall be allowed and paid.
Plans for capitol. § 3. The said board of commissioners shall immediately proceed, in such manner as they may deem best, to procure, at the expense of the city of Albany, or the citizens thereof, the requisite plans for a new capitol, and the necessary accommodations and arrangements connected therewith; and, upon the approval of such plan or plans by the commissioners of the land-office, shall, as soon as, and not before an appropriation shall be made by law, proceed with the work in accordance with the plans and specifications approved, as herein provided.
Location of capitol. § 4. The new capitol shall be located in the city of Albany, upon the site of the present capitol, and such grounds adjacent thereto as shall have been secured for that purpose, and conveyed to the state, as provided in the first section of this act, and built of such material and in such manner, in all respects, as will, in the judgment of said commissioners and state officers, best promote the public interest and secure the completion of a substantial and commodious edifice for the use and purposes herein mentioned. But the present capitol shall not be removed until suitable rooms are completed in the new building for the accommodation of at least one branch of the legislature.
Accounts to be kept. § 5. The new capitol commissioners shall keep just and true accounts of all their receipts and disbursements, which shall be made up and rendered to the comptroller monthly, to be audited and allowed by him, and such audits shall discharge the said commissioners to the extent thereof.
Appropriation. § 6. The sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the commencement and prosecution of the work herein contemplated, and the necessary expenses attending the same, which sum the treasurer is hereby directed to pay, upon the warrant of the comptroller, to the order of the commissioners from time to time, and in such sums as shall be necessary.
L. 1866, Chap. 583 — An act confirming the location of the capitol at Albany.
Capitol to be located at Albany. Section 1. The city of Albany having fully complied with the provisions of chapter six hundred and forty-eight of the Laws of eighteen hundred and sixty-five, the location of the capitol and the site of the capitol building at Albany, are hereby ratified and confirmed.
L. 1874, Chap. 323— An act making appropriations for certain expenses of government and. supplying deficiencies in former appropriations.
[The "supply bill"]
(Extract from section 2.)
New capitol commissioners to appoint superintendent; governor may remove commissioner or superintendent, etc.; salary of superintendent; wall to be erected. The new capitol commissioners shall within thirty days from the passage of this act, nominate and by and with the consent and approval of the governor, appoint a superintendent who shall be a person of large experience, and who shall have charge of the work of finishing the new capitol, the employment of the labor and the purchasing of all the materials therefor. The term of office of the present superintendent shall terminate upon the appointment of his successor and within thirty days from the passage of this act. The governor upon specific charges made and upon notice to any such commissioner, or superintendent, may remove any such commissioner, or said superintendent for cause, after hearing and an opportunity given to answer such charges by such commissioner or superintendent, and may in case of the removal of any such commissioner, appoint a person in his place who shall hold his office until the first day of May thereafter, unless the vacancy shall be sooner filled by appointment by the governor, by and with the advice and consent of the senate. In case of the removal of the superintendent, the said new capitol commissioners shall, in the same manner and with the like consent and approval of the governor appoint his successor. The salary of said superintendent shall be ten thousand dollars per year. The new capitol commissioners are hereby directed forthwith to erect between the new capitol building and Congress Hall, a blank brick wall of sufficient length, thickness and height to protect the new capitol from injury by fire, in case the Congress shall building shall burn.
L. 1875, Chap. 634— An act making appropriations for certain expenses of government, and supplying deficiencies in former appropriations.
(Extract from section 1.)
New capitol. The sum of one million dollars is hereby appropriated to continue the work on the new capitol building, which shall be paid by the treasurer, upon the warrant of the comptroller, to such persons or commissioners as are authorized by law to receive and expend the same, and to be paid as the same shall be, from time to time, required for materials and labor used and employed, or that may be used and employed in the building of said new capitol.
Rent, labor, etc., superintendent to settle obligations for. The superintendent of the new capitol is hereby authorized and directed to audit or settle any outstanding obligations for rent, labor or materials done or furnished by order of the board of new capitol commissioners, heretofore existing, subject to the concurrent approval in writing of the commissioners of the new capitol hereinafter named, and in such audit and settlement, any claims, over-payments or equitable offsets the state may have to any such obligations shall be deducted therefrom, and the amount allowed and approved by the commissioners as aforesaid shall be paid by the comptroller out of this appropriation, with such interest as shall be allowed and approved by said commissioners aforesaid.
New capitol commission. The board of new capitol commissioners, as heretofore constituted, is hereby abolished, and the powers and duties of said board are hereby devolved upon the lieutenant-governor, the auditor of the canal department and attorney-general of the state, who shall hereafter constitute the new capitol commission.
Detail plans and specifications. Before any portion exceeding fifty thousand dollars of the sum by this act appropriated for the construction of said new capitol shall be expended, full detail plans and specifications of the story of said
(Extract from section 2.)
New capitol commissioners to appoint superintendent; governor may remove commissioner or superintendent, etc.; salary of superintendent; wall to be erected. The new capitol commissioners shall within thirty days from the passage of this act, nominate and by and with the consent and approval of the governor, appoint a superintendent who shall be a person of large experience, and who shall have charge of the work of finishing the new capitol, the employment of the labor and the purchasing of all the materials therefor. The term of office of the present superintendent shall terminate upon the appointment of his successor and within thirty days from the passage of this act. The governor upon specific charges made and upon notice to any such commissioner, or superintendent, may remove any such commissioner, or said superintendent for cause, after hearing and an opportunity given to answer such charges by such commissioner or superintendent, and may in case of the removal of any such commissioner, appoint a person in his place who shall hold his office until the first day of May thereafter, unless the vacancy shall be sooner filled by appointment by the governor, by and with the advice and consent of the senate. In case of the removal of the superintendent, the said new capitol commissioners shall, in the same manner and with the like consent and approval of the governor appoint his successor. The salary of said superintendent shall be ten thousand dollars per year. The new capitol commissioners are hereby directed forthwith to erect between the new capitol building and Congress Hall, a blank brick wall of sufficient length, thickness and height to protect the new capitol from injury by fire, in case the Congress shall building shall burn.
L. 1875, Chap. 634— An act making appropriations for certain expenses of government, and supplying deficiencies in former appropriations.
[The "supply bill."]
(Extract from section 1.)
New capitol. The sum of one million dollars is hereby appropriated to continue the work on the new capitol building, which shall be paid by the treasurer, upon the warrant of the comptroller, to such persons or commissioners as are authorized by law to receive and expend the same, and to be paid as the same shall be, from time to time, required for materials and labor used and employed, or that may be used and employed in the building of said new capitol.
Rent, labor, etc., superintendent to settle obligations for. The superintendent of the new capitol is hereby authorized and directed to audit or settle any outstanding obligations for rent, labor or materials done or furnished by order of the board of new capitol commissioners, heretofore existing, subject to the concurrent approval in writing of the commissioners of the new capitol hereinafter named, and in such audit and settlement, any claims, over-payments or equitable offsets the state may have to any such obligations shall be deducted therefrom, and the amount allowed and approved by the commissioners as aforesaid shall be paid by the comptroller out of this appropriation, with such interest as shall be allowed and approved by said commissioners aforesaid.
New capitol commission. The board of new capitol commissioners, as heretofore constituted, is hereby abolished, and the powers and duties of said board are hereby devolved upon the lieutenant-governor, the auditor of the canal department and attorney-general of the state, who shall hereafter constitute the new capitol commission.
Detail plans and specifications. Before any portion exceeding fifty thousand dollars of the sum by this act appropriated for the construction of said new capitol shall be expended, full detail plans and specifications of the story of said
building containing the legislative halls thereof shall be made and approved, in writing, by said lieutenant-governor, the auditor of the canal department, and attorney-general, [and not more than one-half of the said appropriation shall be expended before full detailed plans and specifications of the whole of the remainder of said building shall be made and approved, in writing, by the said lieutenant-governor, the auditor of the canal department, and attorney-general], and when so approved they shall not be altered or departed from except by the concurrent written consent and approval of said lieutenant-governor, the auditor of the canal department and attorney-general, which said consent and approval shall be indorsed upon a plan accompanied by specifications, which shall fully and distinctly state the extent of such alteration, and the manner and extent the expense of said building will be affected by such alteration.
Materials and work. The furnishing of all the materials shall be by contract or contracts, and the doing of all of the work shall be by contract or contracts, except such portions thereof as, in the concurrent opinion of said commissioners, the interests of the state require to be done by day's work.
Contracts, award of; all contracts to be awarded to lowest bidder. All contracts shall be awarded to the lowest bona fide responsible bidder or bidders, after being advertised by the superintendent in the state paper once in each week for four weeks consecutively, immediately preceding the letting of said contract, the notice of letting to be signed by the superintendent, shall state the work to be let, the quality, quantity and kind of materials to be bid for, and the length of time which will be given for the completion of the work, or the delivery of materials, the amount of security required, the bonds to be furnished for the faithful performance of the contract. The proposals received shall be exhibited to the said lieutenant-governor, the auditor of the canal department and attorney-general, together with the proposed contract, which, on their concurrent written approval indorsed thereon, shall be entered into on the part of the state by said superintendent.
Rights to be reserved in contracts; when comptroller to borrow money; appropriations The said contracts shall each reserve the right to the said superintendent with the concurrence of the said commissioners to declare the same forfeited whenever in the judgment of said superintendent and commissioners said contract is not being performed for the interest of the state. Whenever there is a deficiency in the treasury, of moneys applicable to the payment of the appropriation for the new capitol, the comptroller is hereby authorized and required to borrow, from time to time, such sums as the said commissioners may require; and the money borrowed shall be refunded from the moneys received from taxes levied to meet this appropriation.
L. 1876, Chap. 193 —An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.
[The "supply bill."]
(Extract from section 1.)New capitol. There shall be imposed, for the fiscal year commencing on the first day of October, eighteen hundred and seventy-six, in addition to any other tax levy, a tax of eight hundred thousand dollars on the real and personal property taxable in this state, to be assessed, levied and collected upon and by the annual assessment and collection of taxes for the year eighteen hundred and seventy-six, in the manner prescribed by law, to be paid by the county treasurers into the treasury of the state, to the credit of the fund for the construction of the new capitol, which sum is hereby appropriated to continue the work on the new capitol building, which shall be paid by the treasurer, upon the warrant of the comptroller, to the new capitol commissioners as the same shall be from time to
[The portion in brackets repealed, L. 1876, ch. 2.]
time required for materials and labor used or employed, or that may be used and employed in the building of said new capitol.
The commissioners are hereby directed to report to the legislature at the opening of its next session, full detailed plans and specifications for the completion of the whole work by contract or contracts. They are also required to secure by advertisement, estimates or bids for the construction of the work, the furnishing of materials therefor, from responsible parties; which estimates or bids shall be accompanied by such securities as the said commissioners shall deem to be necessary in order to guarantee the faithful performance of any contract or contracts that may be made. All such estimates or bids shall also be embraced in the report to be made to the legislature as above required.
Whenever there is a deficiency in the treasury of moneys applicable to the payment of the appropriation for the new capitol, the comptroller is hereby authorized and required to borrow, from time to time, such sums as the said commissioners may require, and the money borrowed, together with the interest thereon, shall be repaid from the moneys received from taxes levied to meei this appropriation.
The new capitol commissioners shall cause the work on the new capitol building to be progressed with such diligence as shall insure its readiness for full occupancy by the first day of January, eighteen hundred and seventy-nine, and if practicable, to complete and render tenantable some portion thereof at an earlier date.
The general plan for the exterior of the new capitol according to which the building has thus far been constructed having been adopted with the approval of the commissioners of the land office and the governor, in pursuance of law, the same shall not be changed or modified, except upon like approval of the governor and a majority of the commissioners of the land office.
The superintendent of the new capitol is hereby authorized and directed to audit or settle any outstanding obligations for rent, labor or materials done or furnished by order of the board' of new capitol commissioners heretofore existing, subject to the concurrent approval in writing of the commissioners of the new capitol, and in such audit and settlement, any claims, overpayment or equitable offsets the state may have to any such obligations shall be deducted therefrom, and the amounts allowed and approved by the commissioners as aforesaid, shall be paid by the comptroller out of this appropriation, with such interest as shall be allowed and approved by said commissioners aforesaid.
L . 1877, Chap. 275 —An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.
New capitol, plan of. The new capitol commissioners are hereby directed to build and complete the exterior of the new capitol building in the Italian renaissance style of architecture, adopted in the original design, and according to the style in which the building was being erected prior to the adoption of the so-called "modified design."
Superintendent. The salary of the superintendent of the new capitol shall hereafter be seven thousand five hundred dollars per year.
Commissioners to settle with Thomas Fuller. The new capitol commissioners are hereby authorized to audit and settle any claim of Thomas Fuller, the late architect employed upon the new capitol prior to the employment of the present architects, not recognizing hereby the existence of a permanent contract.
L. 1878, Chap. 7 —An act making appropriation for continuing work upon the new capitol during the winter and spring of eighteen hundred and seventy-eight, and for the demolition of the buildings known as "Congress Hall."
Appropriation for completion of senate and assembly chambers. SECTION 1. The Sum of three hundred thousand dollars is hereby appropriated out of surplus balances now in the treasury of the state, not otherwise appropriated, toward the completion of the assembly and senate chambers of the new capitol building, to be expended during the winter and spring of eighteen hundred and seventy-eight; which amount shall be paid by the treasurer, upon the warrant of the comptroller, to the order of the new capitol commissioners as they shall require the same.
The commissioners are hereby directed to report to the legislature at the opening of its next session, full detailed plans and specifications for the completion of the whole work by contract or contracts. They are also required to secure by advertisement, estimates or bids for the construction of the work, the furnishing of materials therefor, from responsible parties; which estimates or bids shall be accompanied by such securities as the said commissioners shall deem to be necessary in order to guarantee the faithful performance of any contract or contracts that may be made. All such estimates or bids shall also be embraced in the report to be made to the legislature as above required.
Whenever there is a deficiency in the treasury of moneys applicable to the payment of the appropriation for the new capitol, the comptroller is hereby authorized and required to borrow, from time to time, such sums as the said commissioners may require, and the money borrowed, together with the interest thereon, shall be repaid from the moneys received from taxes levied to meei this appropriation.
The new capitol commissioners shall cause the work on the new capitol building to be progressed with such diligence as shall insure its readiness for full occupancy by the first day of January, eighteen hundred and seventy-nine, and if practicable, to complete and render tenantable some portion thereof at an earlier date.
The general plan for the exterior of the new capitol according to which the building has thus far been constructed having been adopted with the approval of the commissioners of the land office and the governor, in pursuance of law, the same shall not be changed or modified, except upon like approval of the governor and a majority of the commissioners of the land office.
The superintendent of the new capitol is hereby authorized and directed to audit or settle any outstanding obligations for rent, labor or materials done or furnished by order of the board' of new capitol commissioners heretofore existing, subject to the concurrent approval in writing of the commissioners of the new capitol, and in such audit and settlement, any claims, overpayment or equitable offsets the state may have to any such obligations shall be deducted therefrom, and the amounts allowed and approved by the commissioners as aforesaid, shall be paid by the comptroller out of this appropriation, with such interest as shall be allowed and approved by said commissioners aforesaid.
L . 1877, Chap. 275 —An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.
[The "supply bill."]
(Extract from section 1.)New capitol, plan of. The new capitol commissioners are hereby directed to build and complete the exterior of the new capitol building in the Italian renaissance style of architecture, adopted in the original design, and according to the style in which the building was being erected prior to the adoption of the so-called "modified design."
Superintendent. The salary of the superintendent of the new capitol shall hereafter be seven thousand five hundred dollars per year.
Commissioners to settle with Thomas Fuller. The new capitol commissioners are hereby authorized to audit and settle any claim of Thomas Fuller, the late architect employed upon the new capitol prior to the employment of the present architects, not recognizing hereby the existence of a permanent contract.
L. 1878, Chap. 7 —An act making appropriation for continuing work upon the new capitol during the winter and spring of eighteen hundred and seventy-eight, and for the demolition of the buildings known as "Congress Hall."
Appropriation for completion of senate and assembly chambers. SECTION 1. The Sum of three hundred thousand dollars is hereby appropriated out of surplus balances now in the treasury of the state, not otherwise appropriated, toward the completion of the assembly and senate chambers of the new capitol building, to be expended during the winter and spring of eighteen hundred and seventy-eight; which amount shall be paid by the treasurer, upon the warrant of the comptroller, to the order of the new capitol commissioners as they shall require the same.
Completion, etc., of assembly chamber, for occupation January 1, 1879. § 2. The said new capitol commissioners are hereby directed to take such measures as shall insure the completion and furnishing of that portion of the new capitol, containing the assembly chamber, for occupation, on the first day of January, eighteen hundred and seventy-nine, by the senate and assembly, and for that purpose to enter into contracts for the completion of such work in anticipation of the appropriation therefor. [Thus amended by L. 1878, ch. 124.]
Congress Hall, demolition of; commissioners may sell material of. §3. The buildings known as Congress Hall, and deeded to the state by the city of Albany, shall within sixty days after the adjournment of the present legislature, be removed by the commissioners of the new capitol, and the land thereby made vacant shall be used thereafter exclusively by the state for the purposes of the capitol. In effecting said removal said commissioners are hereby authorized to sell or use the material of said building as a whole or in parts, in such manner as in the judgment of said commissioners shall best conduce to the interest of the state.
Extract from L. 1878, ch. 252 (the " Supply bill").
Sidewalks on Washington avenue. The new capitol commissioners are hereby authorized to take measures for the construction of suitable side-walks and crosswalks on and across Washington avenue in front of the new capitol building, and to purchase by contract or otherwise the furniture for the north center portion of the building, in order that such portion may be ready for occupancy on the first day of January, eighteen hundred and seventy-nine.
Care of south center portion. The new capitol commissioners are hereby charged with the care and superintendence of the north center portion of the new capitol building, when completed, and with the employment of the necessary attendants and laborers therefor, and also with the duty of providing for the heating, lighting and cleaning of the same, out of appropriations herein made for the new capitol.
Extract from L. 1880, ch. 549 (the " Supply bill").
New capitol commissioners, care, etc., of south center portion; appropriation of $25,000.
The new capitol commissioners are hereby charged with the care and superintendence of the south center portion of the new capitol building, when completed, and such other portions thereof as may be ready for occupancy on the first day of January, eighteen hundred and eighty-one, and with the employment of the necessary attendants and laborers therefor, and also with the duty of providing for the heating, lighting and cleaning of the same, and for that purpose and for deficiency in appropriations for the care of the capitol, the sum of twenty-five thousand dollars is hereby appropriated, payable on the order of the new capitol commissioners as the same may be required by them.
L. 1880, Chap. 138--An act making an appropriation to continue the work on the new capitol building.
Appropriation. Section 1. The sum of one million five hundred thousand dollars is hereby appropriated out of any moneys in the treasury of the state not otherwise appropriated, to continue the work on the new capitol building, which amount shall be paid by the treasurer, upon the warrant of the comptroller, to the order of the new capitol commissioners as they shall require the same.
Work, how to be done. § 2. The furnishing of all the materials and the doing of the work shall be by contract, or contracts, except such portions thereof as, in the concurrent opinion of said commissioners, the interests of the state require to be done by day's work.
Contracts, how to be awarded; proposals; rights reserved. § 3. All contracts shall be awarded to the lowest bona fide responsible bidder or bidders, after being advertised by the superintendent in the state paper once in each week for four weeks consecutively, immediately preceding the letting of said contract; the notice of letting to be signed by the superintendent, and to state the work to be let, the quality, quantity, and kind of materials to be bid for, and the length of time which will be given for the completion of the work, or the delivery of materials, the amount of security required, and the bonds to be furnished for the faithful performance of the contract. The proposals received shall be exhibited to the said capitol commissioners, together with the proposed contract, which, on their concurrent written approval indorsed thereon, shall be entered into on the part of the state by the said superintendent. The said contracts shall each reserve the right to the said superintendent, with the concurrence of the said commissioners, to declare the same forfeited whenever, in the judgment of said superintendent and commissioners, said contract is not being performed for the interest of the state.
Moneys to be borrowed. § 4. The comptroller is hereby authorized and required to borrow, from time to time, such sums as the said commissioners may require, not exceeding one million dollars in the whole, and the money borrowed shall be refunded from the moneys received from taxes levied to meet this appropriation.
How to be expended. § 5. The new capitol commissioners are hereby directed to expend the sum herein appropriated, or such portion thereof as may be necessary, toward the completion and furnishing of that portion of the new capitol building containing the senate chamber and its necessary approaches, and afterward that portion containing the executive chamber and its necessary approaches, and for roofing the east and south portions of the building containing those chambers. And the senate chamber shall be completed and furnished and ready for occupation, by the senate, on the first day of January, eighteen hundred and eighty-one.
1878—Concurrent resolution in relation to the capitol of the state of New York.
On motion of Mr. Alvord:
Resolved (if the senate concur), That from and after the first day of January, in the year eighteen hundred and seventy-nine, the new capitol building, in the city of Albany, shall be and the same is hereby declared to be the capitol of the state of New York.
State Of New York, In Assembly, May 14, 1878. /
The foregoing resolution was duly passed.
By order of the assembly,
EDWARD M. JOHNSON, Clerk.
State Of New York, ) In Senate, May 14, 1878.
The foregoing resolution was duly passed.
By order of the senate.
JOHN W. VROOMAN, Clerk.
L. 1881, Chap. 325 —An act making: an appropriation to continue the work on the new capitol building.
[All except §4 is omitted as temporary.]
To demolish old capitol buildings. § 4. The new capitol commissioners are hereby authorized and required to provide for, and to demolish the old capitol building and the buildings and structures pertaining thereto, as soon as practicable; they shall cause to be used such of the materials, thus obtained, as shall be suitable, on the new capitol building; they shall cause to be sold all surplus materials thus obtained, by auction, to the highest bidder, for cash, after advertisement as provided in section three of this act, and shall apply all moneys received for materials so sold toward the completion of the new capitol. From and after the first day of January following the demolition of the old capitol, the "trustees of the capitol " shall assume control of the new capitol so far as then and so fast as thereafter completed.
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