<_-3T NEW YORK STATE CONSTITUTION ANNOTATED ~~ PART I Text in Force April 6, 1915, with Notes PART II Amendments Adopted and Proposed, 1895-1914 PREPARED UNDER THE DIRECTION OF T1IE NEW YORK STATE LIBRARY s The New York State Constitutional Convention Commission 1915 ALBANY J. B. LYON COMPANY, PRINTtRS 1918 SUPPLIED TO THE DELEGATES TO THE New York State Constitutional Convention 1915 BY THE New York State Constitutional Convention Commission (Established by Laws of 1914, Chapter 261, to collect, compile and print Information and data for the Consti- tutional Convention of 1915) MEMBERS OF COMMISSION MORGAN J. O'BRIEN, Chairman 2 Rector Street, New York City PRESIDENT OF THE SENATE ROBERT F. WAGNER, 1913-14 EDWARD SCHOENECK, 1915-16 SPEAKER OF THE ASSEMBLY THADDEUS C. SWEET, 1914-15 SAMSON LACHMAN 35 Nassau Street, New York City JOHN H. FINLEY State Education Building, Albany, N. Y. Secretary to the Commission FREDERICK D. COLSON New York State Library, Albany, N. Y. 322305 INTRODUCTORY NOTE This publication consists of two parts, each part being sepa- rately paged and having a separate table of contents and index. Part I contains the complete text of the New York State Con- stitution as amended and in force on April 6, 1915, with notes, the nature and scope of which are explained below. Part II contains the text of all amendments to the Constitution proposed in the Legislature from 1895 to 1914, inclusive, including those adopted by the people, those submitted to the people but re- jected, and those not submitted to the people. The object and scope of Part II are more fully explained in a separate intro- ductory note following the title page to that part. The object of the notes in Part I is to throw light on the origin and on the historical basis and development of the provi- sions of the present Constitution. It was obviously impossible, in the short space of time available for the preparation of this work, to cover this field in any exhaustive way. To do that would have necessitated the long and careful examination of a great mass of material, much of it scattered. For the purposes of this work it was necessary to limit this examination strictly to certain material only, and under the circumstances the best selection seemed to be the work by the Hon. Charles Z. Lincoln on the Constitutional History of New York 1 and the debates of the past constitutional conventions in this State. Mr. Lincoln was a delegate to the Constitutional Convention of 1894, and from 1895 to 1900 was the chairman of the Statutory Revision Commission and legal adviser to the Governor. His 1 Published in five volumes in 1906 by the Lawyers Co-operative Pub- lishing Co., Rochester, N. Y. Another work of substantial value to the delegates to the Constitutional Convention of 1915 is the Constitutional History of New York State from the Colonial Period to the Present Time, by the Hon. J. Hampden Dougherty. This work comprises the second volume of the Legal and Judicial History of New York published in three volumes in 1911, under the editorship of the Hon. Alden Chester, by the National Americana Society, New York. It gives an excellent, though necessarily somewhat concise, history of the past constitutional conventions and commissions in this State, and is often most helpful in throwing light on the origin and forces back of the more important changes which have been made froiy time to time in the Constitution of this State. M VI INTRODUCTORY NOTE [Part Text in force April 6, 1915, with notes work is the most comprehensive history yet published of the origin, development and judicial construction of the Constitu- tion of the State, including the history of the past constitu- tional conventions and commissions. The Constitutional Con- vention Commission has supplied this work to each delegate to the Constitutional Convention of 1915. In order that certain references in the notes to Part I may be understood, it is necessary to refer briefly to the past con- stitutional conventions and commissions in this State. The Constitution of 1777 was framed, adopted and put in operation by the Fourth Provincial Congress. The journal of this Congress which as a part, and a part only, of its functions, acted as the first Constitutional Convention in this State, was printed from the original manuscript for the first time by the State in 1842; but unfortunately there is nothing giving the debates of this body, and even the journal entries relating to the work of the Congress as a Constitutional Convention are scat- tered among the entries relating to the other functions of the Congress. For this reason the references in Part I to the Con- vention of 1777 are necessarily confined to the parts of Mr. Lin- coln's work giving the history of that Convention. While the journal of the Constitutional Convention of 1801 was printed (first in 1801, and then reprinted in 1821 for the use of the Convention held in the latter year), no debates were ever published, and therefore the references in Part I to this Convention are also only to Mr. Lincoln's work. There are, however, printed debates as well as journals for the Constitutional Conventions of 1821, 1846, 1867-68 and 1894. The debates of the 1821 Convention are found in two publica- tions. One was edited by Nathaniel H. Carter and William L. Stone, reporters, and Marcus T. C. Gould, stenographer, and published in one volume in Albany in 1821. The other was edited by L. H. Clarke and published in one volume in New York in 1821. As the Carter, Stone and Gould edition. seems to be the more comprehensive of the two, this is the edition to which reference is made in the notes; but in order to permit of the use of the Clarke edition and partly also in order to get the benefit of matter appearing only in this edition (if there is any), the page references to the edition first referred to are followed in parentheses by the Convention dates. 1 ] INTRODUCTORY XOTE vu Text in force April 6, 1915, with notes Similarly, the debates of the 1846 Convention are found in two publications. One was edited by William G. Bishop and William H. Attree, and printed in one volume at the office of the Evening Atlas, Albany, 1846. This edition is sometimes called the Bishop and Attree edition, and sometimes the Atlas edition. The other publication was edited by S. Crosswell and R. Sutton, and printed in one volume at the office of the Albany Argus in 1846. This edition is sometimes called the Crosswell and Sutton edi- tion, and sometimes the Argus edition. There seems to be no general agreement as to which edition is the better, but as the time limitation on the preparation of the present publication for- bade reference to both editions, and as the Atlas edition seems to contain slightly more matter than the Argus edition, the former edition is the one to which reference is made in the notes; but for the reasons already stated in explaining the two publications of the 1821 debates, the page references to the Atlas edition are followed in parentheses by the Convention dates. As the debates of the 1867-68 Convention were published only in one edition (in five volumes in 1868), there is no occasion for any parallel reference. The debates of the 1894 Convention are found in two publica- i ions, each called the Record. The original Record was published from day to day during the course of the Convention, and was subsequently bound in six large but thin quarto volumes. The Record of this Convention was revised by the Hon. William H. Steele, vice-president of the Convention, pursuant to chapter 21 of the Laws of 1898, and published in 1900 in five volumes under the direction of the Hon. Charles E. Fitch, secretary of the Convention, pursuant to chapter 419 of the Laws of 1900. The debates of the 1894 Convention are obviously of more im- portance to the Constitutional Convention of 1915 than the de- bates of the earlier conventions, and for the purpose of making them as available as possible to the delegates to the latter Con- vention, reference is made in the notes to Part I of the present publication both to the original edition and to the Revised Record. The references first given are to the volume and page of the Revised Record; the references in parentheses are to the original Record. In addition to the Constitutional Conventions above referred to, there have been in this State two very important constitu- Vlll INTRODUCTORY NOTE [Part Text in force April 6, 1915, with notes tional commissions established for the purpose of recommend- ing constitutional amendments to the Legislature. The first was created by chapter 884 of the Laws of 1872 and is customarily referred to as the Constitutional Commission of 1872. As its functions were extended by chapter 6 of the Laws of 1873, it had power to suggest amendments to any part of the Consti- tution. The second was created by chapter 189 of the Laws of 1890, and as its powers were limited to proposing amendments to Article VI of the Constitution, it is generally known as the Judiciary Commission of 1890. While both these bodies pub- lished journals of their proceedings, unfortunately their debates were never printed. Consequently the references to these com- missions in the notes to Part I of the present work are neces- sarily confined to the parts of Mr. Lincoln's work dealing with them. Volume 1 of Mr. Lincoln's work gives the full text of the Constitutions of 1777, 1821, 1846, 1867 (of which only the Ju- diciary Article was adopted by the people) and 1894, and also the amendments to all these constitutions adopted by the people down to 1904, and Part II of the present work gives (among other things) all the amendments to the 1894 Constitution adopted by the people down to date. All the constitutional provisions referred to in the source notes to the sections of the present Constitution, as given in Part I of the present work, can there- fore be found in full either in Mr. Lincoln's work or in Part II of the present work. The amendments to the Constitution proposed in the Consti- tutional Convention of 1894 were subsequently bound in three volumes entitled on the outside " Proposed Constitutional Amendments." 2 These proposed amendments are designated in the Revised Record of this Convention as overtures, and are referred to by introductory and print numbers, following the legislative practice as to bills. The notes to Part I of the present work give references to those overtures which proposed changes in provisions now in the present Constitution either in whole or in part, and also indicate where in Part II of the present work 2 There are no title pages to these volumes and no complete index. Any particular proposed amendment can be located only by moans of its introductory or print number. The daily calendars of the 1894 Conven- tion will be found in the latter part of the third volume. I] INTRODUCTORY NOTE ix Text in force April 6, 1915, with notes can be found the amendments to the 1894 Constitution pro- posed in the Legislature from 1895 to 1914, inclusive. In examining Mr. Lincoln's work and the debates of Consti- tutional Conventions, it is of course obvious that references were found to many matters not dealt with at all in the Constitution as it exists to-day, or dealt with only indirectly, and also to many matters which, although having some relation, more or less close, to existing provisions, could not be assigned to any particular section of the present Constitution. The limitations of time for the preparation of this work prevented the full treat- ment of these matters, but the more important of them will be found referred to on pages 129-149 of Part I of the present work under the designation Supplemental Notes. In examining the Supplemental Notes, it must always be borne in mind that from their very nature they are seldom, if ever, exhaustive. They simply gather together fragmentary references which could not be properly, or at least conveniently, assigned to any place in the text preceding them. They are often, however, supple- mented by other references found in the notes to the sections of the Constitution. Where there is more than one volume in any of the publica- tions mentioned in the notes in Part I of the present work, the particular volume referred to is indicated by Roman notation and the pages by Arabic notation. Thus, 1:240-246, is a refer- ence to volume 1 at pages 240-246. F. D. C. NEW YORK STATE CONSTITUTION ANNOTATED PART I TEXT IN FORCE APRIL 6, 1915, WITH NOTES TABLE OF CONTENTS Constitution Analysis of Sections PREAMBLE ABTICLE I LINB PAGE 1 Security in rights and privileges 1 1 2 Trial by jury 1 2 3 Religious liberty 1 3 Competency of witnesses 3 3 Abuse of liberty 5 3 4 Habeas corpus 1 3 5 Excessive bail, fines, and punishments; detention of wit- nesses 1 4 6 Bights of accused in criminal actions 1 4 Due process of law 12 4 Eminent domain 13 4 7 Eminent domain 1 5 Private roads 7 5 Drainage of agricultural lands 12 5 Excess condemnation in cities 18 5 8 Liberty of speech and press 1 6 Libel 4 6 9 Eight to assemble and petition 1 7 Divorce 3 7 Gambling 4 7 10 Sovereignty in lands 1 8 Escheat 3 8 11 Feudal tenures abolished 1 8 12 Allodial tenure 1 8 13 Leases of agricultural lands limited 1 9 14 Restraints on alienation prohibited 1 9 15 Indian land transactions 1 10 16 Existing and future law of state 1 10 xii TABLE OF CONTENTS [Part Constitution Analysis of Sections ABTICLE I Continued LlNB p AGE 17 Royal and state grants and charters preserved 1 11 Obligation of debts, property rights and judicial proceed- ings preserved 10 11 18 Damages for injuries causing death 1 11 19 Workmen 's compensation 1 12 ARTICLE II 1 Qualification of voters 1 13 Soldier and sailor vote in war time.. 10 13 2 Persons excluded from right of suffrage 3 Voting residence , 4 Registration of voters. 5 Manner of voting 6 Bipartisan election boards, 15 16 17 17 13 ABTICLE in 1 Legislative power 1 19 2 Senators and assemblymen; number and terms 1 19 3 Senate districts 1 20 4 State census 1 26 Senate districts; formation and alteration 5 27 Number of senators in counties 23 27 Eatio for apportionment 29 27 5 Assembly apportionment 1 28 Eatio for apportionment 15 28 Number of assemblymen in each county 31 29 Division of counties into assembly districts 66 30 Review of apportionment by supreme court 114 31 6 Compensation of members of legislature 1 32 7 Member of legislature not to hold other civil office 1 32 8 Certain officers disqualified as members 1 33 9 Time of elections of members of legislature 1 34 10 Quorum of each house 1 34 Powers of each house 2 34 Temporary president of senate 5 34 11 Journals of each house 1 35 Open sessions 3 35 Adjournments 4 35 12 Privileges of members 1 35 13 Bills may originate or be amended in either house 1 35 14 Enacting clause of bills 1 36 15 Manner of passing bills 1 36 16 Private or local bills limited to one subject to be expressed in title 1 37 17 Existing laws not applicable by reference 1 38 18 Cases in which private or local bills shall not be passed. . . 1 38 I] TABLE OF CONTENTS xiii Constitution Analysis of Sections ARTICLE III Continued LINE PAGE 18 General laws to provide for enumerated cases 30 39 Restrictions on laws governing street railroads 32 39 19 Private claims against state not to be audited by legisla- ture 1 40 20 Appropriation of public property for local or private pur- poses; two-thirds vote required 1 40 21 Appropriation bills 1 41 22 Appropriation bills not to embrace other subjects 1 41 23 Statutory revision bills excepted from certain sections.... 1 42 24 Tax laws to state amount and object 1 42 25 Quorum of three-fifths necessary for passing certain bills. . 1 43 26 Boards of supervisors 1 48 27 Delegation of local legislative and administrative powers. 1 44 28 Extra compensation to public officers prohibited 1 44 29 Prison labor 1 45 Contract system abolished 4 45 Work for state or political subdivisions excepted 11 45 ARTICLE IV 1 Governor and lieutenant-governor; term of office 1 46 2 Governor and lieutenant-governor; qualifications 1 46 3 Election of governor and lieutenant-governor 1 47 Tie vote 5 47 8 4 Governor; powers and duties 1 48 Salary 12 48 Executive residence 14 48 8 5 Reprieves; commutations; pardons 1 49 Treason; special provisions relating to 7 49 Annual communication to legislature of reprieves, etc 11 49 6 When lieutenant-governor to act as governor 1 50 When governor continues as commander-in-chief though out of state 6 50 7 Lieutenant-governor; qualifications 1 50 President of senate 2 50 Succession to office of governor 4 50 8 Salary of lieutenant-governor 1 51 9 Governor 's power over legislation 1 52 Passage of bills over veto 6 52 Ten day bills 15 52 Thirty day bills 20 52 Appropriation bills; governor may object to one or more items 23 52 ARTICLE V 1 Election and terms of certain state officers 1 54 Compensation 6 54 State engineer and surveyor to be practical civil engineer. . 12 54 xiv TABLE OF CONTEXTS [Part Constitution Analysis of Sections ARTICLE V Continued L INE p AGE 2 First election and terms of certain state officers 1 55 Successors 6 55 3 Superintendent of public works; appointment, compensa- tion, powers and duties 1 56 Suspension or removal 15 56 Assistant superintendents 22 56 3 Other employees 35 56 Additional duties 39 56 Vacancies 43 56 4 Superintendent of state prisons; appointment, powers and duties 1 57 Prison officers 8 57 Clerks of prisons appointed by comptroller 12 58 Eemoval of superintendent 16 58 5 Commissioners of land office 1 58 Commissioners of canal fund 4 58 Canal board 6 58 6 Powers and duties of boards and officers 1 59 7 Suspension of state treasurer 1 59 8 Weighing, measuring and inspecting commodities; offices abolished 1 59 9 Civil service 1 60 Preference to honorably discharged soldiers and sailors... 5 60 ARTICLE VI 1 Supreme court; how constituted; judicial districts 1 61 Justices; number and election 6 61 Alteration of judicial districts; reapportionment of justices 15 61 Increase in number of justices 20 61 Additional judicial district 31 62 2 Judicial departments 1 63 Appellate division 7 63 Expedition of business; transfer of appeals to other de- partment 29 64 Powers and duties of justices 35 64 Jurisdiction 46 64 Reporter 54 64 Appellate division justices to fix special terms 55 64 3 Judge not to review own decision on appeal 1 65 Testimony in equity cases 4 65 Power of legislature over jurisdiction and proceedings in actions 5 65 4 Supreme court justices; terms and vacancies 1 66 5 Certain city courts abolished 1 67 6 Circuit courts and courts of oyer and terminer abolished.. 1 68 7 Court of appeals; judges, terms, quorum, etc 1 69 I] TABLE OF CONTENTS xv Constitution Analysis of Sections ARTICLE VI Continued LINE PAQH 7 Reporter, clerk, etc 9 69 Expedition of business; designation by governor of su- preme court justices to serve as associate judges 11 09 8 Vacancies in court of appeals 1 70 9 Jurisdiction of court of appeals 1 71 10 Judges not to hold other office 1 72 11 Removal of judges 1 73 12 Age limit of judges 1 73 Compensation of supreme court justices 4 74 13 Impeachment 1 75 14 County courts 1 76 Judges; number, election, term 3 76 Jurisdiction of county courts 19 76 Courts of sessions abolished except in New York county. . 30 77 County judges; powers and duties, salary 37 77 May hold court in other counties 40 77 15 Surrogates ' courts 1 78 Surrogates; election, term, powers and duties 2 78 County judge as surrogate 9 78 Separate officer as surrogate 11 78 Age limit of county judges and surrogates 17 78 Vacancies in office of county judge or surrogate '. . . 20 78 Compensation of county judges and surrogates 22 78 Powers of surrogates may be conferred on supreme court in certain counties '. . . 24 78 16 Special county judge and surrogate 1 79 17 Justices of the peace; election, term, etc 1 79 Removal of inferior judicial officers and their clerks 8 79 18 Inferior local courts ., 1 80 19 Clerks of courts '. 1 81 20 Certain judicial officers not to receive fees 1 82 What judges not to act as attorneys or referees 2 82 What judges must be attorneys 9 82 21 Publication of statutes and judicial decisions 1 83 22 Local judicial officers, terms not abridged 1 83 23 Courts of special sessions 1 84 ARTICLE VH 1 State credit limited 1 84 2 State debts, power to contract 1 84 Application of moneys 5 85 f 3 Debts for state defense 1 35 4 Limitation of legislative power to create debts 1 86 Submission to people of laws creating debts 9 86 Manner of passage of such laws in legislature 12 86 Legislature's power over debts after approval by people. . 16 86 xvi TABLE OF CONTENTS [Part Constitution Analysis of Sections ARTICLE VII Continued L INE p AGE 4 Tax irrepealable 21 86 Use of loan restricted 27 86 Kestrictions on submission to people 31 86 Bond issue 34 86 Sinking fund 39 86 Alteration of interest upon state debt 44 87 Additional tax to pay increased interest and principal 51 87 5 Sinking funds 1 S8 Use restricted 3 88 6 Claims barred by lapse of time 1 88 7 Forest preserve 1 89 Use of forest lands for reservoirs 6 89 How violations restrained 26 89 8 Certain canals not to be sold; exception 1 90 Application of funds derived from sale or lease of canals. 10 90 9 Canal tolls prohibited 1 9] Legislature to provide for superintendence and repair of canals 6 91 Contracts for work or material; cancellation of contracts. . 8 91 10 Canal improvement 1 92 11 Payment of state debts 1 92 Sinking funds 5 92 12 Improvement of highways 1 93 Limitation of debts 5 93 Payment 7 93 County and town share of cost 12 93 ARTICLE VIII 1 Corporations, how formed 1 94 2 Dues from corporations 1 94 3 Corporation ; term defined 1 95 Actions by and against corporations 4 95 4 Savings bank charters 1 95 Restrictions upon trustees 6 95 Special charters prohibited 12 95 5 Specie payments not to be suspended 1 96 6 Bills or notes; registry, security 1 96 7 Liability of bank stockholders 1 96 8 Bill holders; preference in bank insolvency 1 97 9 No state aid to corporations or private undertakings 1 97 Exception as to education and support of defectives and delinquents 3 97 Exception as to funds for educational purposes 6 97 10 Counties, cities and towns not to give or loan money or credit; limitation of indebtedness 1 93 11 State board of charities 1 101 I] TABLE OF CONTENTS xvii Constitution Analysis of Sections ARTICLE VIII Continued LlNE p AGE 11 State commission in lunacy 9 101 State commission of prisons 13 101 12 Appointment and removal of commissioners 1 102 13 Certain state institutions; existing laws continued 1 102 Visitation and inspection 5 103 14 Defectives and delinquents; state and local education and support 1 103 Control by legislature 16 103 15 Commissioners of charities and of lunacy continued in office; additional powers 1 104 ARTICLE IX $ 1 Free common schools 1 104 2 University of State of New York 1 105 Regents 5 105 3 Educational funds 1 105 4 Denominational schools not to receive state aid 1 106 ARTICLE X 1 Sheriffs, county clerks, district attorneys and registers; election, term, etc 1 107 Removal by governor 14 107 2 Election or appointment of officers when not provided for by constitution 1 108 3 Duration of office 1 109 4 Time of elections; legislature to fix 1 109 5 Vacancies in office 1 109 G Political year; legislative term 1 110 7 Removals from office 1 110 8 Vacancies; when legislature may determine 1 110 9 Compensation of constitutional officers 1 111 ARTICLE XI 1 Militia, how constituted 1 111 2 Enlistment 1 112 3 Militia; organization and maintenance 1 112 4 Governor to appoint certain military officers 1 113 5 Other military officers, how chosen 1 113 6 Commissioned officers; how commissioned; removal 1 114 ARTICLE XII 1 Organization of cities and villages; legislature to restrict certain local powers 1 115 State, county and municipal employees; regulation by legislature 6 115 XV111 TABLE OF CONTENTS [Part Constitution Analysis of Sett ions ARTICLE XII Continued L INE p AGE 2 Classification of cities 1 116 General and special city laws.. 7 116 Special city laws; how passed by legislature and accepted by cities 12 116 Passage without city's acceptance 35 117 Title of special city laws 41 1.17 3 City officers; when to be elected; terms 1 117 Exceptions 19 118 ARTICLE XIII 1 Oath of office 1 119 2 Acceptance of bribe by public officer a felony 1 120 3 Offer of bribe to public officer a felony 1 120 Person offering bribe not privileged from testifying; im- munity 4 120 4 Defendant in bribery case may testify in his own behalf. . 1 1-1 5 Discrimination in favor of public officers in transportation, telegraph and telephone rates, franking privileges, etc., prohibited; penalties 1 121 No privilege from testifying; immunity granted 16 121 6 Removal of district attorney for failure to prosecute 1 122 County expense in bribery prosecution charge against state 5 122 ARTICLE XIV 1 Constitutional amendments; passage in legislature 1 123 Submission to and ratification by people 12 123 Time of taking effect 17 123 2 Submission to people of question of constitutional conven- tion; election of delegates 1 124 Convention; time, place, etc 13 124 Compensation of delegates 16 124 Quorum 19 124 Vote on amendments 20 124 Officers, employees, rules, etc 25 124 Vacancies among delegates 31 124 Submission to and ratification by people of constitution or amendments 37 125 Time of taking effect 45 125 3 Amendments coincidently submitted by convention and legislature 1 126 ARTICLE XV 1 Constitution, in effect when 1 127 Supplemental notes 129 <"' 153 NEW YORK STATE CONSTITUTION ANNOTATED PART I TEXT IN FORCE APRIL 6, 1915, WITH NOTES NEW YORK STATE CONSTITUTION ANNOTATED PART I TEXT IN FORCE APRIL 6, 1915, WITH NOTES 1 PREAMBLE 1 We, the people of the State of New York, grateful to 2 Almighty God for our freedom, in order to secure its bless- 3 ings, do establish this Constitution. Source Const. 1821; amended, Const. 1846. Lincoln's Constitutional History For historical comment on the preamble to the New York Consti- tution, and for general discussion of the nature of a constitution, its purpose and the principles governing its construction, with notes on court decisions, see IV : 3-39. References to constitutional conventions. 1867. 11:289. 1894. 111:66. Debates of constitutional conventions 1867. V: 3234-3239. 1894. 1 : 1037-1052 (II : 545-552) ; IV : 1099-1101 (VI : 2593-2594) . Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 170. See also Overture No. 104. ARTICLE I >er of this State 2 deprived of any of the rights or privileges secured to any citi- 1 Section 1. No member of this State shall be disfranchised, or s , ec K urlt y * n rights and 1 For explanation , of the purpose and plan of Part I of this work, and of the references in the notes, see introductory note. 2 For a history of the origin and development of the constitutional and statutory provisions which constitute the bill of rights in this state, down to 1905, see Lincoln's Constitutional History, 1:715-743. Most of the constitu- [11 YORK STATE CONSTITUTION ANNOTATED [Part Article I, 2 3 zen thereof, unless by the law of the land, or the judgment of 4 his peers. Source Const. 1777, Art. XIII; amended, Const. 1821, Art. VII, 1; con- tinued without change in Const. 1846, Art. I, 1. Lincoln's Constitutional History For comment on this section and court decisions construing it r see IV : 30-38. References to constitutional conventions. 1777. 1 : 522. 1846. II : 109-110. 1867. II : 293-294. Debates of constitutional conventions 1846. 453 (July 28); 537-543 (Aug. 6-7). 1867. V : 3530-3531, 3557-3558. * 2t The trial bv J urv in a11 cases in whicb Jt has keen here - 2 tofore used shall remain inviolate forever; but a jury trial 3 may be waived by the parties in all civil cases in the manner 4 to be prescribed by law. Source Const. 1777, Art. XLI; amended, Const. 1821, Art. VII, 2; amended, Const, 1846, Art. I, 2. Lincoln's Constitutional History For history of this section and court decisions construing it, see IV: 38-54. References to constitutional conventions and commissions. 1777. 1:547. 1846. 11:110. 1867. 11:290-291. 1872. 11:474. 1894. Ill : 67-68. Debates of constitutional conventions 1821. 169 (Sept. 17). 1846. 543-550 (Aug. 7-8); selection, 111-112 (June 17). 1867. 1:265-266; V:3552; compensation of jurors, V: 3263-3264; number of jurors, V : 3239. 1894. Substitute jurors, 1:778-781 (1:407-408); unanimity of ver- dict, 1:761-778 (1:397-407), 1:781-802 (1:408-419). tional provisions are found in this article; for the existing statutory pro- visions, see the civil rights law, Laws 1909, chapter 14, constituting chapter 6 of the consolidated laws. For references to certain subjects coming within the general scope of Article I but not relating specifically to any particular section thereof. se Supplemental Notes following Article XV, post, under the following titles: Aliens, Civil process, Fisheries, Imprisonment, Intoxicating liquors, Labor, Remedies, Riot, Test oath, Slavery, Treason, and Women. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 3 Article I, 4 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitu- tional Amendments, Overtures Nos. 7, 17, 28, 36, 53, 75, 185 (Int. 184). In the legislature, 1895-1914 : see Part II, post, pp. 1-4. 1 3. 3 The free exercise and enjoyment of religious profession Religious 2 and worship, without discrimination or preference, shall for- hl 3 ever be allowed in this State to all mankind ; and no person competency 4 shall be rendered incompetent to be a witness on account of nines' 5 his opinions on matters of religious belief ; but the liberty of Abuse <> 6 conscience hereby secured shall not be so construed as to ex- hl 7 cuse acts of licentiousness, or justify practices inconsistent 8 with the peace or safety of this State. Source Const. 1777, Art. XXXVIII; amended, Const. 1821, Art. VII, 8 3; amended, Const. 1846, Art. I, 3. Lincoln's Constitutional History For the history of this section and court decisions construing it, see IV : 54-65. References to constitutional conventions. 1777. State religion prohibited, 1 : 541-545. 1846. Witnesses, IV: 60. 1867. 11:291. Debates of constitutional conventions 1821. State religion prohibited, 462-464 (Oct. 17) ; witnesses, 574- 576 (Oct. 30) ; Quakers exempted from military service, 577-580 (Oct. 31). 1846. Witnesses, 550 (Aug. 8), 1054-1055 (Oct. 5). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitu- tional Amendments, Overtures Nos. 24, 36, 145, 213-413 (Int. 211). 1 4. The privilege of the writ of habeas corpus shall not be Habeas 2 suspended, unless when, in cases of rebellion or invasion, the 3 public safety may require its suspension. Source Const. 1821, Art. VII, 6; continued without change in Const. 1846, Art. I, 4. 3 For references relating to the ineligibility of the clergy to hold office in this state, see 'Supplementary Notes following Article XV, post, under the title, Office. For exemptions from military service, see also the notes to Art. XI, $ 1, post. 4 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 5 Lincoln's Constitutional History References to constitutional conventions. 1867. Freedom from arbitrary arrest, II :289. Debates of constitutional conventions 1867. Freedom from arbitrary arrests, V:3239-3244, Excessive bail, fine and punish- O ments; de- tention of witnesses 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, 3 nor shall witnesses be unreasonably detained. 4 Source Const. 1846, Art. I, 5. Lincoln's Constitutional History For the history of this section and court decisions construing it, see IV :6.5-68. References to constitutional conventions. 1846. Detention of witnesses, 11:114. 1867. Detention of witnesses, 11:294. Debates of constitutional conventions 1867. Detention of witnesses, V:3321-3327, 3539-3541. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 203 (Int. 201), 315 (Int. 309). Rights of accused in criminal actions Due process of law Eminent domain 1 6. No person shall be held to answer for a capital or 2 otherwise infamous crime (except in cases of impeachment, 3 and in cases of militia when in actual service, and the land 4 and naval forces in time of war, or which this State may keep 5 with the consent of Congress in time of peace, and in cases of 6 petit larceny, under the regulation of the Legislature), un- 7 less on presentment or indictment of a grand jury, and in any 8 trial in any court whatever the party accused shall be allowed 9 to appear and defend in person and with counsel as in civil 10 actions. No person shall be subject to be twice put in jeop- 11 ardy for the same offense; nor shall he be compelled in any 12 criminal case to be a witness against himself ; nor be deprived 13 of life, liberty or property without due process of law; nor 14 shall private property be taken for public use without just 15 compensation. 5 Source Const. 1821, Art. VII, 7; amended, Const. 1846, Art. I, 6. 4 For references to the subject of capital punishment, see 'Supplemental Notes following Article XV, post, under that title. s For notes relating to the last clause of this section (eminent domain), see Art. I, 7, post. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 5 Article I, 7 Lincoln's Constitutional History For history of this section and court decisions construing it, see IV :69-135. In particular, see pages 91-100 for statutes which have been held by the courts not to violate the " due process of law " clause of the Constitution, and pages 100-112 for statutes ^which have been held by the courts to be contrary to this provision. References to constitutional conventions. 1777. 1:539-540. 1867. 11:291-292. 1894. 111:68-69. Debates of constitutional conventions 1821. 163-167 (Sept. 17). 1867. V:3244-3247, 3541-3544. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 58-449 (Int. 58), 76, 96, 120-389 (Int. 120), 191 (Int. 190), 236 (Int. 234), 263-412 (Int. 261), 282 (Int. 280), 319 (Int. 311), 352 (Int. 343), 379 (Int. 367), 414 (Int. 380). In the legislature, 1895-1914, see Part II, post, pp. 4-7. 1 7. When private property shall be taken for any public Eminent 2 use, the compensation to be made therefor, when such com- 3 pensation is not made by the state, shall be ascertained by a 4 jury, or by the supreme court with or without a jury, but not 5 with a referee, or by not less than three commissioners ap- 6 pointed by a court of record, as shall be prescribed by law. 7 Private roads may be opened in the manner to be prescribed private 8 by law ; but in every case the necessity of the road and the r 9 amount of all damage to be sustained by the opening thereof 10 shall be first determined by a jury of freeholders, and such 11 amount, together with the expenses of the proceeding, shall 12 be paid by the person to be benefited. General laws may be Drainage 13 passed permitting the owners or occupants of agricultural turai lands 14 lands to construct and maintain for the drainage thereof, 15 necessary drains, ditches and dykes upon the lands of others, 16 under proper restrictions and with just compensation, but no 17 special laws shall be enacted for such purposes. 18 The legislature may authorize cities to take more land Excess con- 19 and property than is needed for actual construction in the 20 laying out, widening, extending or relocating parks, public 21 places, highways or streets ; provided, however, that the ad- 22 ditional land and property so authorized to be taken shall be 23 no more than sufficient to form suitable building sites abut- 24 ting on such park, public place, highway or street. After so 6 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 8 25 much of the land and property has been appropriated for 26 such park, public place, highway or street as is needed there- 27 for, the remainder may be sold or leased. Source Const. 1846, Art. I, 7; amended, Const. 1894, Art. I, 7; amended, 1913. 6 Lincoln's Constitutional History For court decisions construing this section, see IV :136-141 ; for court decisions on the subject of eminent domain, see IV:125-135. References to constitutional conventions and commissions. 1846. 11:188. 1867. Agricultural drains, 11:292; condemnation by railroads, nature of title taken, II :292, 1872. Compensation, 11:475; agricultural drains, 11:476-477. 1894. Appraisal, 111:69-70; agricultural drains, 111:31-33. Debates of constitutional conventions 1846. Condemnation, appraisal, 118 (June 19) ; condemnation, special laws, 983-984 (Sept. 26). 1867. Condemnation, appraisal, V:3247-3254; private roads and agri- cultural drains, V:3254-3257, 3544-3549; condemnation by rail- roads, nature of title taken, V:3254. 1894. Condemnation, appraisal, 1:807-830 (1:423-435); 11:627-637 (11:962-967) ; 11:639-669 (11:969-985) ; 11:672-679 (11:988-992) ; agricultural drains, IV:847-856 (V:2445-2450) ; IV:1047-1063 (VI: 2562-2592). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 15, 133, 141, 230 (Int. 228), 333- 420 (Int. 325), 335-417 (Int. 327), 7 385-426 (Int. 364). In the legislature, 1895-1914 : see Part II, post, pp. 7-13. Liberty of 1 8. Every citizen may freely speak, write and publish his 2 sentiments on all subjects, being responsible for the abuse of 3 that right; and no law shall be passed to restrain or abridge 4 the liberty of speech or of the press. In all criminal prosecu- 5 tions or indictments for libels, the truth may be given in evi- 6 dence to the jury ; and if it shall appear to the jury that the 7 matter charged as libelous is true, and was published with 8 good motives and for justifiable ends, the party shall be s For legislative history of this amendment and action of the people thereon, see Part II, post, p. 9. . 7 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 7 Article I, 9 9 acquitted ; and the jury shall have the right to determine the 10 law and the fact. Source Const. 1821, Art. VII, 8 ; amended, Const. 1846, Art. I, 8. Lincoln's Constitutional History For court decisions construing this section, see IV:141-144. References to constitutional conventions. 1894. Libel, costs, 111:72. Debates of constitutional conventions 1821. Libel, truth and motive, 167-169 (Sept. 17); function of jury, 487-496 (Oct.. 20). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 240 (Int. 238). 1 9. No law shall be passed abridging the right of the people 2 peaceably to assemble and to petition the government, or any 3 department thereof; nor shall any divorce 8 be granted other- Divorce 4 wise than by due judicial proceedings ; nor shall any lottery or Gambling 5 the sale of lottery tickets, pool-selling, book making, or any 6 other kind of gambling hereafter be authorized or allowed 7 within this State; and the Legislature shall pass appropriate 8 laws to prevent offenses against any of the provisions of this 9 section. Source Const. 1846, Art. I, 10 (except that lotteries were prohibited by Const. 1821, Art. VII, .11); amended, Const. 1894, Art. I, 9. Lincoln's Constitutional History For court decisions construing this section, see IV:144-147. For historical sketch of the constitutional and statutory provisions in this colony and state relating to gambling (with special reference to lotteries) from 1721 to 1894, together with historical comments on other aspects of this subject, see III : 33-52. References to constitutional conventions. 1821. 1:217, 750. 1894. 111:47-52. Debates of constitutional conventions 1821. Right to assemble and petition, 170 (Sept. 17); lotteries pro- hibited, 461 (Oct. 17), 566-572 (Oct. 30). 1894. Gambling, IV:971-979 ( VI: 2517-2522 ); IV:1079-1088 (VI: 2581-2585); IV:1110-1131 (VI:2599-2610). s For causes for divorce, see Supplementary Notes following Article XV, post, under the title Divorce. 8 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 10 Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 196 (Int. 195), 222 (Int. 220), 232 Int. 230), 425 (Int. 384 ). 9 In the legislature, 1895-1914 : see Part II, post, pp. 13-14. sovereignty 1 10. The people of this State, in their right of sovereignty, 2 are deemed to possess the original and ultimate property in Escheat 3 and to all lands within the jurisdiction of the State; and all 4 lands the title to which shall fail, from a defect of heirs, shall 5 revert, or escheat to the people. 10 Source Const. 1846, Art. I, 11 ; continued without change in Const. 1894, Art. I, 10. Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV :147-149, 408, 437. 1 11. All feudal tenures of every description, with all their 2 incidents, are declared to be abolished, saving however, all 3 rents and services certain which at any time heretofore have 4 been lawfully created or reserved. 11 Source Const. 1846, Art. I, 12; continued without change in Const. 1894, Art. I, 11. Lincoln's Constitutional History For court decisions construing this section, see IV :149. References to constitutional conventions. 1846. 11:115-118. Debates of constitutional conventions 1846. 1051-1052 (Oct. 3), 1062 (Oct. 6). 1867. V:3550-3552. 1 12. All lands within this State are declared to be allodial, 2 so that, subject only to the liability to escheat, the entire and 9 This overture was adopted by the convention and .accordingly became a part of the Constitution. 10 For the subjects of title to lands by aliens and the prohibition of private bills releasing escheated lands, see Supplemental Notes following Article XV, post, under the titles, Aliens and Bills. For the history of the events which led to the introduction of this section into the Constitution, see the notes to Art. I, $ 13, post. 11 For a history of the events which led to the introduction of this section into the Constitution, see the notes to Art. I, 13, post. I] TEXT IN FORCE APRIL 6, 1915, WITH IS"OTES 9 Article I, 14 3 absolute property is vested in the owners, according to the 4 nature of their respective estates. 12 Source Const. 1846, Art. I, 13; continued without change in Const. 1894, Art. I, 12. Lincoln's Constitutional History For court decisions construing this section, see IV:150. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 97. 1 13. No lease or grant of agricultural land, for a longer Leases of 2 period than twelve years, hereafter made, in which shall be re- c s ult ' 3 served any rent or service of any kind, shall be valid. Source Const. 1846, Art. I, 14; continued without change in Const. 1894, Art. I, 13. Lincoln's Constitutional History For court decisions construing this section, see IV:150-152. For a history of the events which led to the introduction of this sec- tion, and also of sections 10-12 of this Article, into the Constitu- tion, see 11:10-27. References to constitutional conventions. 1846. 11:115-118. Debates of constitutional conventions 1846. 1052-1053 (Oct. 3), 1062-1063 (Oct. 6). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 12, 107, 186 (Int. 185). 1 14. All fines, quarter sales, or other like restraints upon Rest raints 2 alienation, reserved in any grant of land hereafter to be made, Sifpro 1 - 3 shall be void. 11 hibited Source Const. 1846, Art. I, 15; continued without change in Const. 1894, Art. I, 14. Lincoln's Constitutional History For court decisions construing this section, see IV:152. 12 For a history of the events which led to the introduction of this section into the Constitution, see the notes to Art. I, 13, post. For suggested prohibition of private bills releasing escheated lands, see Supplemental Notes following Article XV, post, under the title Bills. is For references to provisions regulating the transfer of title to real property, see Supplemental Notes following Article XV, post, under the title Real property. transactions 10 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 15 land i 15. No purchase or contract for the sale of lands in this tions r 2 State, made since the fourteenth day of October, one thousand 3 seven hundred and seventy-five; or which may hereafter be 4 made, of, or with the Indians, shall be valid, unless made under 5 the authority, and with the consent of the Legislature. Source Const. 1777, Art. XXXVII; amended, Const. 1821, Art. VII, 12; amended, Const. 1846, Art. I, 16; continued without change in Const. 1894, Art. I, 15. Lincoln's Constitutional History For court decisions relating to Indian lands, see IV :47, 149, 239, 282, 316. For history of the relations between the Indians and the state from 1626 to 1875, see 111:392, and IV:152-174. References to constitutional conventions. 1867. Relations of Indians to the state, II :3S9-390. Debates of constitutional conventions 1867. Indian reservations, IV :2925-2926, 2881; V:3435-3448. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 244 (Int. 242). Existing 1 16. Such parts of the common law, and of the acts of the 2 Legislature of the colony of New York, as together did form 3 the law of the said colony, on the nineteenth day of April, 4 one thousand seven hundred and seventy five, and the resolu- 5 tions of the Congress of the said colony, and of the convention 6 of the State of New York, in force on the twentieth day of 7 April, one thousand seven hundred and seventy-seven, which 8 have not since expired, or been repealed or altered ; and such 9 acts of the Legislature of this State as are now in force, shall 10 be and continue the law of this State, subject to such altera- 11 tions as the Legislature shall make concerning the same. 12 But all such parts of the common law, and such of the said 13 acts, or parts thereof, as are repugnant to this Constitution, 14 are hereby abrogated. Source Const. 1777, Art. XXXV; amended, Const. 1821, Art. VII, 13; amended, Const. 1846, Art. I, 17; amended, Const. 1894, Art. I, 16. state I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 11 Article I, 18 Lincoln's Constitutional History For history of this section and court decisions construing it, see IV: 175-178. References to constitutional conventions. 1777. 1:540-541. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures 36, 86-429 (Int. 86 ), 14 167, 415 (Int. 381). In the legislature, 1895-1914 : see Part II, post, pp. 14-15. 17. All grants of land within this State, made by the king ;* 2 of Great Britain, or persons acting under his authority, after 3 the fourteenth day of October, one thousand seven hundred 4 and seventy-five, shall be null and void; but nothing con- 5 tained in this Constitution shall affect any grants of land 6 within this State, made by the authority of the said king or 7 his predecessors, or shall annul any charters to bodies politic 8 and corporate, by him or them made, before that day; or 9 shall affect any such grants or charters since made by this 10 State, or by persons acting under its authority; or shall im- 11 pair the obligation of any debts contracted by the State, or f 12 individuals, or bodies corporate, or any other rights of prop- 13 erty, or any suits, actions, rights of action, or other proceed- prei 14 ings in courts of justice. Source Const. 1777, Art. XXXVI; amended, Const. 1821, Art. VII, 14; continued without change in Const. 1846, Art. I, 18, and in Const. 1894, Art. I, 17. Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV : 178-179. References to constitutional conventions. 1846. Royal grants and charters, II : 114-115. Debates of constitutional conventions 1846. Royal city charters, 117-118 (June 19), 160-163 (June 25); royal grants, 139-140 (June 23), 160-163 (June 25). 1 18. The right of action now existing to recover damages Damages 2 for injuries resulting in death, shall never be abrogated; and'" i* This overture was adopted by the convention and accordingly becaim a part of the Constitution. death 12 XEW YOKK STATE CONSTITUTION ANNOTATED [Part Article I, 19 3 the amount recoverable shall not be subject to any statutory 4 limitation. Source Const. 1894, Art. I, 18. Lincoln's Constitutional History For court decisions construing this section, see IV:179. For historical statement relative to the action to recover damages for injuries resulting in death, see III :57-60. References to constitutional conventions. 1894. Limitation of damages, III : 60-65. Debates of constitutional conventions 1894. Right of action, 11:55-56 (11:651); limitation of damages, I: 1101-1130 (11:581-595); 11:603-626 (11:947-962); IV:401-414 (V:2189-2195). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 192-380 (Int. 191 ), 15 347 (Int. 338). workmen's 1 19. Nothing contained in this constitution shall be con- uo^ P n 2 strued to limit the power of the legislature to enact laws for 3 the protection of the lives, health, or safety of employees ; or 4 for the payment, either by employers, or by employers and 5 employees or otherwise, either directly or through a state or 6 other system of insurance or otherwise, of compensation for 7 injuries to employees or for death of employees resulting 8 from such injuries without regard to fault as a cause thereof, 9 except where the injury is occasioned by the willful inten- 10 tion of the injured employee to bring about the injury or 11 death of himself or of another, or where the injury results 12 solely from the intoxication of the injured employee while on 13 duty; or for the adjustment, determination and settlement, 14 with or without trial by jury, of issues which may arise under 15 such legislation ; or to provide that the right of such compen- 16 sation, and the remedy therefor shall be exclusive of all other 17 rights and remedies for injuries to employees or for death re- 18 suiting from such injuries ; or to provide that the amount of 19 such compensation for death shall not exceed a fixed or de- 20 terminable sum; provided that all moneys paid by an em- 21 ployer to his employees or their legal representatives, by is This overture in its final form is not included in the Proposed Constitu- tional Amendments. It will be found, however, in the Kevised Kecord, vol. 4, at p. 403. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 13 Article II, 1 22 reason of the enactment of any of the laws herein authorized, 23 shall be held to be a proper charge in the cost of operating 24 the business of the employer. Source Amendment of 1913. 16 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 52, 448 (Int. 52-130). In the legislature, 1895-1914: see Part II, post, pp. 15-17. ARTICLE II 1 1 Section 1. Every male citizen of the age of twenty-one 2 years, who shall have been a citizen for ninety days, and an voters 3 inhabitant of this State one year next preceding an election, 4 and for the last four months a resident of the county and for 5 the last thirty days a resident of the election district in which 6 he may offer his vote, shall be entitled to vote at such election 7 in the election district of which he shall at the time be a resi- 8 dent, and not elsewhere, for all officers that now are or here- 9 after may be elective by the people; and upon all questions 10 which may be submitted to the vote of the people, provided snor r vote 11 that in time of war no elector in the actual military service ln war time 12 of the State, or of the United States, in the army or navy 13 thereof, shall be deprived of his vote by reason of his absence 14 from such election district; and the Legislature shall have 15 power to provide the manner in which and the time and place 16 at which such absent electors may vote, and for the return 17 and canvass of their votes in the election districts in which 18 they respectively reside. Source Const. 1777, Art. VII ; amended, Const. 1821, Art. II, 1 ; amended in 1826 ; 2 amended, Const. 1846, Art. II, 1; amended in 1864 3 and in 1874; amended, Const. 1894, Art. II, 1. is For legislative history of this amendment and action of the people thereon, see Part II, post, pp. 15-16. 1 For references to certain subjects coming within the general scope of Article II but not relating specifically to any particular section thereof, see Supplemental Notes following Article XV, post, under the following titles: Campaign expenses, Office, Suffrage. 2 For text of the constitutional amendment of 1826, see Lincoln's Con- stitutional History, I: 222. s For text of the constitutional amendment of 1864 adding the provision relating to the right of soldiers to vote while absent from home, see Lincoln 's Constitutional History, I: 311. For history of the movement leading up to this constitutional amendment and the legislation in connection with this subject, see Lincoln, II: 235-240. 14 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 1 Lincoln's Constitutional History For court decisions construing this section, see IV:180-185. For a discussion of the meaning of the term " suffrage," and a history of the limitations upon the right of suffrage in this state down to and under the Constitution of 1821, see 1:640-668. For special reference to the limitations upon the right to vote for senators, see 1 :643-652, and to the limitations upon the colored vote, see 1 :652- 666. For a discussion of the qualifications of voters on questions submitted, including the history of the constitutional amendment of 1874 add- ing the words " and upon all questions which may be submitted to the vote of the people," see II :480-481, and IV :185-191. For history of woman suffrage in this state from 1848 to 1905, see II :305-314. References to constitutional conventions and commissions. 1821. Qualifications generally, 1:666-667; of colored voters, I: 661-667; of voters for senators, 643-652. 1846. Citizenship, 11:123-125; color, 11:119-123, 212-213; edu- cational qualifications, 11:125-126; residence, 11:125. 1867. Qualifications generally, 11:294-301; age, 11:295, 301; citizenship, 11:303; color, 314-317; educational qualifications, 11:304-305; on questions submitted, IV:185-191; residence, II :301-303 ; woman suffrage, II :305-314. 1872. On questions submitted, II :480-481. 1894. Citizenship, 111:74-80; woman suffrage, 111:80-84. Debates of constitutional conventions 1821. Qualifications generally, 178-183 (Sept. 19); color, 183-202 (Sept. 19-20), 364-365 (Oct. 6), 369-370 (Oct. 6), 374-377 (Oct. 8); military service, 210-214 (Sept. 21), 271-287 (Sept. 26-28); property, 357-364 (Oct. 6), 676 (Appendix); residence, 210-214 (Sept. 21); for voters for senators, 215-231 (Sept. 22), 234-270 (Sept. 24-25) ; paying highway tax, 366-368 (Oct. 6) ; working on highways, 271-287 (Sept. 26-28). 1846. Qualifications generally, 81-85 (June 11), 1013-1020 (Sept. 30) ; citizenship, 81-85 (June 11) ; color, 1026-1036 (Oct. 1), 1042- 1043 (Oct. 2), 1045-1048 (Oct. 2), 1078-1079 (Oct. 9) ; educational qualifications, 1066 (Oct. 6); naturalization, 105-106 (June 15); residence, 1036-1037, 1043-1045 (Oct. 1-2). 1867. Qualifications generally, 1:199-214, 219-232, 513-514, 517-519; age, 1:489-491, 540-541; citizenship, 1:531-533, 542-543, 546; color, 1:235-249, 253-264, 266-283, 290-302, 310-348, 380-391, 417-427, 453-454, 462-465, 496-501, 528-531, 542; educational qualifications, 1:491-496, 549-550, V:3560-3561, 3563-3564; paying poll tax, 111:1946-1947; on questions submitted, 1:548-549; resi- dence, 1:533-536; woman suffrage, 1:126-127, 364-391, 427-444, 454-462, 465-470, 537-540, 547, V:3562-3563. 1894. Qualifications generally, 11:165-166 (11:713), IV:461-478 (V: 2220-2229); citizenship, 1:618-637 (1:319-329), 111:933-941 (IV: I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 15 Article II, 2 1800-1805); woman suffrage, 1:6 (1:7), 11:45-47 (11:647-648), 193-223 (11:727-743), 268-303 (11:769-788), 405^46 (11:843- 865), 491-552 (11:887-925). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 8-401 (Int. 8), 21, 31, 45, 57, 60, 100- 400 (Int. 100),* 106, 118, 121, 143, 150, 177 (Int. 176), 195 (Int. 194), 224 (Int. 222), 226 (Int. 224), 234 (Int. 232), 301 (Int. 297), 340 (Int. 331). In the legislature, 1895-1914: see Part II, post, pp. 19-26. 5 1 2. No person who shall receive, accept, or offer to receive, excluded 2 or pay, offer or promise to pay, contribute, offer or promise from right 3 to contribute to another, to be paid or used, any money or f 4 other valuable thing as a compensation or reward for the 5 giving or withholding a vote at an election, or who shall make 6 any promise to influence the giving or withholding any such 7 vote, or who shall make or become directly or indirectly in- 8 terested in any bet or wager depending upon the result of 9 any election, shall vote at such election; and upon challenge 10 for such cause, the person so challenged, before the officers 11 authorized for that purpose shall receive his vote, shall swear 12 or affirm before such officers that he has not received or 13 offered, does not expect to receive, has not paid, offered or 14 promised to pay, contributed, offered or promised to con- 15 tribute to another, to be paid or used, any money or other 16 valuable thing as a compensation or reward for the giving or 17 withholding a vote at such election, and has not made any 18 promise to influence the giving or withholding of any such 19 vote, nor made or become directly or indirectly interested in 20 any bet or wager depending upon the result of such election. 21 The Legislature shall enact laws excluding from the right of 22 suffrage all persons convicted of bribery or of any infamous 23 crime. Source Const. 1821, Art. II, 2 ; amended, Const. 1846, Art. II, 2 ; amended, 1874 ; 5a amended, Const. 1894, Art. II, 2. * This overture was adopted by the convention and accordingly became a part of the Constitution. s For the text of the woman suffrage amendment passed by the legislature in 1913 and 1915, see Part II, post, pp. 18-19. sa For text of the constitutional amendment of 1874, see Lincoln's Con- stitutional History, 1:296-297. 16 NEW YOBK STATE CONSTITUTION ANNOTATED [Part Article II, 3 Lincoln's Constitutional History References to constitutional conventions and commissions. 1867. Disqualifications, II :303-304. 1872. Bribery at elections, II :481-482, 1894. Bribery, generally and at elections, III :84-85. Debates of constitutional conventions 1867. Disqualifications, 1:136, 470-485, 487-489, 515-517, 547-551, 555-568; bribery, generally, 1:501-508; bribery at elections, 1:501- 508; V:3565-3569; deserters, 1:519-527, 562-563; idiots and lunatics, 1:559-560; rebels, 1:519-527, 553-554. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 29, 157. * 3. For the purpose of voting, no person shall be deemed 2 to have gained or lost a residence, by reason of his presence or 3 absence, while employed in the service of the United States; 4 nor while engaged in the navigation of the waters of this State, 5 or of the United States, or of the high seas ; nor while a student 6 of any seminary of learning ; nor while kept at any alms-house, 7 or other asylum, or institution wholly or partly supported at 8 public expense, or by charity ; nor while confined in any public 9 prison. Source Const. 1846, Art. II, 3 ; amended, Const. 1894, Art. II, 3. Lincoln's Constitutional History For court decisions construing this section, see 1V:192-195. For cause of the amendment to this section made by the Constitution of 1894, see III :85-87. References to constitutional conventions. 1894. 111:85-91. Debates of constitutional conventions 1867. 1:568-570; V:3569-3570. 1894.11:866-884 (111:1094-1103); IV:416-420 (V:2196-2198). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 119-399 (Int. 119 ), 6 138. 159, 251 (Int. 249), 343 (Int. 334). In the legislature, 1895-1914 : see Part II, post, pp. 27-28. 6 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 17 Article II, 5 1 4. Laws shall be made for ascertaining, by proper proofs, 2 the citizens who shall be entitled to the right of suffrage 3 hereby established, and for the registration of voters ; which 4 registration shall be completed at least ten days before each 5 election. Such registration shall not be required for town and 6 village elections except by express provision of law. In cities 7 and villages having five thousand inhabitants or more, ac- 8 cording to the last preceding state enumeration of inhab- 9 itants, voters shall be registered upon personal application 10 only; but voters not residing in such cities or villages shall 11 not be required to apply in person for registration at the first 12 meeting of the officers having charge of the registry of voters. Source Const. 1821, Art. II, 3; continued without change in Const. 1846, Art. II, 4; amended, Const. 1894, Art. II, 4. Lincoln's Constitutional History For court decisions construing this section, see IV:195-196. For historical statement relative to the requirement of registration of voters in this state from 1821 to 1894, see III :91-102. References to constitutional conventions. 1821. 1:667-668. 1867. 11:296, 304. 1894. 111:102-108. Debates of constitutional conventions 1821. 203-204 (Sept. 20), 370-374 (Oct. 8). 1867. 1:508-513, 570-605, 616-624; V:3570-3585. 1894, 111:942-950 (IV:1805-1S09) ; IV:99-122 (V:2032-2044) ; IV: 716-724 (V:2366-2371). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 64-316 (Int. 64), 109, 187 (Int. 136), 241 (Int. 239), 255-402 (Int. 253 ), 7 291 (Int. 287), 334 (Int. 326). In the legislature, 1895-1914 : see Part II, post, pp. 28-32. 1 5. All elections by the citizens, except for such town offi- J f a t r of 2 cers as may by law be directed to be otherwise chosen, shall be 3 by ballot, or by such other method as may be prescribed by 4 law, provided that secrecy in voting be preserved. Source Const. 1777, Art. VI; amended, Const. 1821, Art. II, 4; continued without change in Const. 1846, Art. II, 5; amended, Const. 1894, Art. II, 5. 7 This overture was adopted by the convention and accordingly became a part of the Constitution. 18 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 6 Lincoln's Constitutional History For court decisions construing this section, see IV :196. For historical statement on the method of voting in this state from 1777 to 1894, see 1:667-668, and 111:108-109. References to constitutional conventions. 1777. 1:507-514, 667. 1821. 668. 1894. 111:108-114. Debates of constitutional conventions 1821. 205-206 (Sept. 21). 1867. 1:605-606. 1894. 1:917-928 (1:484-489), 1:1173-1183 (11:616-620); 111:82-105 (111:1324-1336); IV:431-448 (V:2205-2213). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 98, 184-289-303-381 (Int. 183 ), 8 225 (Int. 223). ei25on an - 1 6< A11 laws creating, regulating or affecting boards or boards 2 officers charged with the duty of registering voters, or of dis- 3 tributing ballots at the polls to voters, or of receiving, record- 4 ing or counting votes at elections, shall secure equal repre- 5 sentation of the two political parties which, at the general 6 election next preceding that for which such boards or officers 7 are to serve, cast the highest and the next highest number of 8 votes. All such boards and officers shall be appointed or 9 elected in such manner, and upon the nomination of such 10 representatives of said parties respectively, as the Legislature 11 may direct. Existing laws on this subject shall continue 12 until the Legislature shall otherwise provide. This section 13 shall not apply to town meetings, or to village elections. Source Const. 1894, Art. II, 6. Lincoln's Constitutional History For historical sketch of the development of the policy of bi-partisan representation in the conduct of elections in this state from 1778 to 1894, see 111:114-127. References to constitutional conventions. 1894. 111:127-131. Debates of constitutional conventions 1894.111:110-116 (111:1341-1344); 111:244-272 (111:1412-1427); IV:536-545 (V:2263-2267). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 260-317 (Int. 25S), 8 331 (Int. 323). s This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 19 Article III, 2 ARTICLE III 1 1 Section 1. The legislative power of this State shall be vested 2 in the Senate and Assembly. 2 Source Const. 1777, Art. II; amended, Const. 1821, Art. I, 1; amended, Const. 1846, Art. Ill, 1; amended, Const. 1894, Art. Ill, 1. Lincoln's Constitutional History For comment upon this section and court decisions construing the same, see 1 :295, and IV :197-334. References to constitutional conventions. 1777. 1:501-505. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 18, 219 (Int. 217), 292 (Int. 288). In the legislature, 1895-1914; see Part II, post, pp. 34-44. 1 2. The Senate shall consist of fifty members, except as senators 2 hereinafter provided. The senators elected in the year one 3 thousand eight hundred and ninety -five shall hold their offices an? 1 terms 4 for three years, and their successors shall be chosen for two 5 years. The Assembly shall consist of one hundred and fifty 6 members who shall be chosen for one year. Source Senate: Const. 1777, Art. X; amended 1801 ; 3 amended, Const. 1821, Art. I, 2; amended, Const. 1846, Art. Ill, 2; amended, Const. 1894, Art. Ill, 2. Assembly: Const. 1777, Art. IV; amended 1801 ; 3 amended, Const. 1821, Art. I, 2; amended, Const. 1846, Art. Ill, 2; amended, Const. 1894, Art. Ill, 2. Lincoln's Constitutional History For brief explanation of this section, see IV :334. References to constitutional conventions and commissions. 1821. Composition of legislature generally, 1 :638, 672. 1846. 11:126-129. 1867. 11:318-320. 1872. 11:483-487. 1894. IV :334. 1 For references to certain subjects coming within the general scope of Article III but not relating specifically to any particular section thereof, see Supplemental Notes following Article XV, post, under the following titles: Attorneys, Intoxicating liquors, Legislature, Niagara river, Pensions, Taxation, Wills. 2 For references to the subject of the initiative and referendum, see Supplemental Notes following Article XV, post, under that title. s For the text of the constitutional amendments of 1801, see Lincoln's Constitutional History, 1:190. tricts 20 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 3 Debates of constitutional conventions 1821. 398-416 (Oct. 11-12). 1846. Senators, number and terms, 373-383 (July 21), 395-408 (July 23), 455-458 (July 29); rotation in office, 415-419 (July 24), 464-465 (July 30 j. Assemblymen, number and terms, 373-383 (July 21). 1867. Senators, number, 11:875; assemblymen, number, 1:304-306. 1894. Senators and assemblymen, number and terms, 111:343-348 (111:1467-1470); IV:644-694 (V:2325-2354). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 13, 32, 83, 91, 103, 219 (Int. 217), 229 (Int. 227), 280 (Int. 278), 292 (Int. 288), 359 (Int. 350), 404- 454 (Int. 376). 3a In the legislature, 1895-1914: see Part II, post, pp. 45-48. senate dis- 1 3. The State shall be divided into fifty districts to be fT-ir.fo " 2 called senate districts, each of which shall choose one sen- 3 ator. The districts shall be numbered from one to fifty, in- 4 elusive. 5 District number one (1) shall consist of the counties of 6 Suffolk and Richmond. 7 District number two (2) shall consist of the county of 8 Queens. 9 District number three (3) shall consist of that part of the 10 county of Kings comprising the first, second, third, fourth, 11 fifth and sixth wards of the city of Brooklyn. 12 District number four (4) shall consist of that part of the 13 county of Kings comprising the seventh, thirteenth, nine- 14 teenth and twenty-first wards of the city of Brooklyn. 15 District number five (5) shall consist of that part of the 16 county of Kings comprising the eighth, tenth, twelfth and 17 thirtieth wards of the city of Brooklyn, and the ward of the 18 city of Brooklyn which was formerly the town of Gravesend. 19 District number six (6) shall consist of that part of the 20 county of Kings comprising the ninth, eleventh, twentieth 21 and twenty-second wards of the city of Brooklyn. 22 District number seven (7) shall consist of that part of the 23 county of Kings comprising the fourteenth, fifteenth, six- 24 teenth and seventeenth wards of the city of Brooklyn. sa This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FOKCE APRIL 6, 1915, WITH KOTES 21 Article III, 3 25 District number eight (8) shall consist of that part of the 26 county of Kings comprising the twenty-third, twenty-fourth, 27 twenty-fifth and twenty-ninth wards of the city of Brooklyn, 28 and the town of Flatlands. 29 District number nine (9) shall consist of that part of the 30 county of Kings comprising the eighteenth, twenty-sixth, 31 twenty-seventh and twenty-eighth wards of the city of 32 Brooklyn. 33 District number ten (10) shall consist of that part of the 34 county of New York within and bounded by a line beginning 35 at Canal street and the Hudson river, and running thence 36 along Canal street, Hudson street, Dominick street, Varick 37 street, Broome street, Sullivan street, Spring street, Broad- 38 way, Canal street, the Bowery, Division street, Grand street 39 and Jackson street, to the East river and thence around the 40 southern end of Manhattan Island, to the place of beginning, 41 and also Governor's, Bedloe's and Ellis islands. 42 District number eleven (11) shall consist of that part of 43 the county of New York lying north of district number ten, 44 and within and bounded by a line beginning at the junction 45 of Broadway and Canal street, and running thence along 46 Broadway, Fourth street, the Bowery and Third avenue, 47 St. Mark's place, Avenue A, Seventh street, Avenue B, 48 Clinton street, Rivington street, Norfolk street, Division 49 street, Bowery and Canal street, to the place of beginning. 50 District number twelve (12) shall consist of that part of 51 the county of New York lying north of districts numbers 52 ten and eleven, and within and bounded by a line beginning 53 at Jackson street and the East river, and running thence 54 through Jackson street, Grand street, Division street, Nor- 55 folk street, Rivington street, Clinton street, Avenue B, 56 Seventh street, Avenue A, St. Mark's place, Third avenue, 57 East Fourteenth street to the East river, and along the East 58 river, to the place of beginning. 59 District number thirteen (13) shall consist of that part of 60 the county of New York lying north of district number ten, 61 and within and bounded by a line beginning at the Hudson 62 river at the foot of Canal street, and running thence along 63 Canal street, Hudson street, Dominick street, Varick street, 64 Broome street, Sullivan street, Spring street, Broadway, 22 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 3 65 Fourth street, the Bowery and Third avenue, Fourteenth 66 street, Sixth avenue, West Fifteenth street, Seventh avenue, 67 West Nineteenth street, Eighth avenue, West Twentieth 68 street, and the Hudson river, to the place of beginning. 69 District number fourteen (14) shall consist of that part of 70 the county of New York lying north of districts numbers 71 twelve and thirteen, and within and bounded by a line begin- 72 ning at East Fourteenth street and the East river, and run- 73 ning thence along East Fourteenth street, Irving place, East 74 Nineteenth street, Third avenue, East Twenty-third street, 75 Lexington avenue, East Fifty-third street, Third avenue, 76 East Fifty-second street, and the East river, to the place 77 of beginning. 78 District number fifteen (15) shall consist of that part of 79 the county of New York lying north of district number 80 thirteen, and within and bounded by a line beginning at 81 the junction of West Fourteenth street and Sixth avenue, 82 and running thence along Sixth avenue, West Fifteenth 83 street, Seventh avenue, West Fortieth street, Eighth avenue, 84 and the transverse road across Central park at Ninety- 85 seventh street, Fifth avenue, East Ninety-sixth street, Lex- 86 ington avenue, East Twenty-third street, Third avenue, East 87 Nineteenth street, Irving place and Fourteenth street, to 88 the place of beginning. 89 District number sixteen (16) shall consist of that part of 90 the county of New York lying north of district number thir- 91 teen, and within and bounded by a line beginning at Seventh 92 avenue and West Nineteenth street, and running thence 93 along West Nineteenth street, Eighth avenue, West Twen- 94 tieth street, the Hudson river, West Forty-sixth street, Tenth 95 avenue, West Forty-third street, Eighth avenue, West For- 96 tieth street and Seventh avenue, to the place of beginning. 97 District number seventeen (17) shall consist of that part 98 of the county of New York lying north of district number 99 sixteen, and within and bounded by a line beginning at the 100 junction of Eighth avenue and West Forty -third street, and 101 running thence along West Forty-third street, Tenth avenue, 102 West Forty-sixth street, the Hudson river, West Eighty- 103 ninth street, Tenth or Amsterdam avenue, West Eighty- 104 sixth street, Ninth or Columbus avenue, West Eighty-first 105 street and Eighth avenue, to the place of beginning. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 23 Article III, 3 106 District number eighteen (18) shall consist of that part of 107 the county of New York lying north of district number f our- 108 teen, and within and bounded by a line beginning at the 109 junction of East Fifty-second street and the East river, and 110 running thence along East Fifty-second street, Third avenue, 111 East Fifty third street, Lexington avenue, East Eighty 112 fourth street, Second avenue, East Eighty third street and 113 the East river, to the place of beginning; and also Black- 114 well's island. 115 District number nineteen (19) shall consist of that part 116 of the county of New York lying north of district number 117 seventeen, and within and bounded by a line beginning at 118 West Eighty-ninth street and the Hudson river, and running 119 thence along the Hudson river and Spuyten Duyvil creek 120 around the northern end of Manhattan island ; thence south- 121 erly along the Harlem river to the north end of Fifth ave- 122 nue; thence along Fifth avenue, East One Hundred and 123 Twenty-ninth street, Fourth or Park avenue, East One 124 Hundred and Tenth street, Fifth avenue, the transverse road 125 across Central park at Ninety-seventh street, Eighth avenue, 126 West Eighty-first street, Ninth or Columbus avenue, West 127 Eighty sixth street, Tenth or Amsterdam avenue and West 128 Eighty-ninth street, to the place of beginning. 129 District number twenty (20) shall consist of that part of 130 the county of New York lying north of districts numbers 131 eighteen and fifteen, and within and bounded by a line be- 132 ginning at East Eighty-third street and the East river, run- 133 ning thence through East Eighty-third street, Second ave- 134 nue, East Eighty-fourth street, Lexington avenue, East 135 Ninety-sixth street, Fifth avenue, East One Hundred and 136 Tenth street, Fourth or Park avenue, East One Hundred 137 and Nineteenth street to the Harlem river, and along the 138 Harlem and East rivers to the place of *begining; and also 139 Randall's island and Ward's island. 140 All of the above districts in the county of New York 141 bounded upon or along the boundary waters of the county, 142 shall be deemed to extend to the county line. 143 District number twenty one (21) shall consist of that part 144 of the county of New York lying north of districts numbers So in original. 24 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 3 145 nineteen and twenty, within and bounded by a line begin- 146 ning at East One Hundred and Nineteenth street and the 147 Harlem river, and running thence along East One Hundred 148 and Nineteenth street, Fourth or Park avenue, One Hundred 149 and Twenty-ninth street, Fifth avenue and the Harlem 150 river, to the place of beginning; and all that part of the 151 county of New York not hereinbefore described. 152 District number twenty- two (22) shall consist of the 153 county of Westchester. 154 District number twenty-three (23) shall consist of the 155 counties of Orange and Rockland. 156 District number twenty-four (24) shall consist of the 157 counties of Dutchess, Columbia and Putnam. 158 District number twenty-five (25) shall consist of the 159 counties of Ulster and Greene. 160 District number twenty-six (26) shall consist of the 161 counties of Delaware, Chenango and Sullivan. 162 District number twenty-seven (27) shall consist of the 163 counties of Montgomery, Fulton, Hamilton and Schoharie. 164 District number twenty-eight (28) shall consist of the 165 counties of Saratoga, Schenectady and Washington. 166 District number twenty-nine (29) shall consist of the 167 county of Albany. 168 District number thirty (30) shall consist of the county of 169 Rensselaer. 170 District number thirty-one (31) shall consist of the 171 counties of Clinton, Essex and Warren. 172 District number thirty-two (32) shall consist of the 173 counties of St. Lawrence and Franklin. 174 District number thirty-three (33) shall consist of the 175 counties of Otsego and Herkimer. 176 District number thirty-four (34) shall consist of the 177 county of Oneida. 178 District number thirty-five (35) shall consist of the 179 counties of Jefferson and Lewis. 180 District number thirty-six (36) shall consist of the county 181 of Onondaga. 182 District number thirty-seven (37) shall consist of the 183 counties of Oswego and Madison. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 25 Article III, 3 184 District number thirty-eight (38) shall consist of the 185 counties of Broome, Cortland and Tioga. 186 District number thirty-nine (39) shall consist of the 187 counties of Cayuga and Seneca. 188 District number forty (40) shall consist of the counties of 189 Chemung, Tompkins and Schuyler. 190 District number forty-one (41) shall consist of the counties 191 of Steuben and Yates. 192 District number forty-two (42) shall consist of the 193 counties of Ontario and Wayne. 194 District number forty three (43) shall consist of that part 195 of the county of Monroe comprising the towns of Brighton, 196 Henrietta, Irondequoit, Mendon, Penfield, Perinton, Pitts- 197 ford, Rush and Webster, and the fourth, sixth, seventh, 198 eighth, twelfth, thirteenth, fourteenth, sixteenth, seven- 199 teenth and eighteenth wards of the city of Rochester, as at 200 present constituted. 201 District number forty-four (44) shall consist of that part 202 of the county of Monroe comprising the towns of Chili, 203 Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, 204 Sweden and Wheatland, and the first, second, third, fifth, 205 ninth, tenth, eleventh, fifteenth, nineteenth and twentieth 206 wards of the city of Rochester, as at present constituted. 207 District number forty-five (45) shall consist of the 208 counties of Niagara, Genes ee and Orleans. 209 District number forty-six (46) shall consist of the 210 counties of Allegany, Livingston and Wyoming. 211 District number forty-seven (47) shall consist of that 212 part of the county of Erie comprising the first, second, 213 third, sixth, fifteenth, nineteenth, twentieth, twenty-first, 214 twenty-second, twenty-third and twenty-fourth wards of 215 the city of Buffalo, as at present constituted. 216 District number forty-eight (48) shall consist of that part 217 of the county of Erie comprising the fourth, fifth, seventh, 218 eighth, ninth, tenth, eleventh, twelfth, thirteenth, four- 219 teenth and sixteenth wards of the city of Buffalo, as at 220 present constituted. 221 District number forty-nine (49) shall consist of that part 222 of the county of Erie comprising the seventeenth, eigh- 223 teenth and twenty-fifth wards of the city of Buffalo, as at 26 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 4 224 present constituted; and all the remainder of the said 225 county of Erie not hereinbefore described. 226 District number fifty (50) shall consist of the counties of 227 Chautauqua and Cattaraugus. Source Const. 1777, Art. XII; amended in 1801, Art. Ill; 4 amended, Const, 1821, Art. I, 5; amended, Const. 1846, Art. Ill, 3; amended, Const 1894, Art. Ill, 3. Lincoln's Constitutional History For an exhaustive historical and statistical statement (including tables of population and apportionments) of the senate appor- tionments in this state from 1777 to 1905, consult the following references : Under the first Constitution, 1777, 111:168-175; IV:341-342. Under the second Constitution, 1821, 111:175-181; IV:342. Under the third Constitution, 1846, 111:181-192; IV:342. The apportionment of 1892, 111:192-204. The apportionment of 1894, 111:204-230; IV:342-344. Keferences to constitutional conventions. 1777. 1:517-522. 1821. 1:638-639. 1846. 11:127. 1867. II: 317-319. 1894. 111:206-229; IV:342-345. Debates of constitutional conventions 1821. 418^119 (Oct. 13), 428-430 (Oct. 15), 466-478 (Oct. 18), 559-560 (Oct. 29). 1846. 419-422 (July 24), 430-431 (July 27), 458-461 (July 29), 465^68 (July 30). 1867. 1:675-699, 702-716, 748-749, 758-789; 11:819-848, 869-S73: V:3586-35S8, 3678-3682, 3866-3867. 1894.111:343-348 (111:1467-1471); 111:987-1215 (IV:1830-1964) ; 111:1223-1242 (IV:1969-1979) ; IV:6-37 (IV:1982-1999) ; IV: 48-56 (IV:2004-2009); IV:78-96 (V:2021-2030) ; IV:644-694 (V:2325-2354). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 132, 219 (Int. 217), 229 (Int. 227), 292 (Int. 288), 359 (Int. 350), 404-454 (Int. 376). 4a In the legislature, 1894-1914: see Part II, post, p. 54. state 1 4. An enumeration of the inhabitants of the State shall 2 be taken under the direction of the Secretary of State, dur- 3 ing the months of May and June, in the year one thousand census *For the text of the constitutional amendment of 1801, see Lincoln's Constitutional History, 1:190. 4a This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 27 Article III, 4 4 nine hundred and five, and in the same months every tenth 5 year thereafter ; and the said districts shall be so altered by senate - 6 the Legislature at the first regular session after the return of 7 every enumeration, that each senate district shall contain as 8 nearly as may be an equal number of inhabitants, excluding 9 aliens, and be in as compact form as practicable, and shall 10 remain unaltered until the return of another enumeration, 11 and shall at all times, consist of contiguous territory, and no 12 county shall be divided in the formation of a senate district 13 except to make two or more senate districts wholly in such 14 county. No town, and no block in a city inclosed by streets 15 or public ways, shall be divided in the formation of senate 16 districts; nor shall any district contain a greater excess in 17 population over an adjoining district in the same county, 18 than the population of a town or block therein adjoining 19 such district. Counties, towns or blocks which, from their 20 location, may be included in either of two districts, shall be 21 so placed as to make said districts most nearly equal in 22 number of inhabitants, excluding aliens. 23 No county shall have four or more senators unless it shall Number of J senators in 24 have a full ratio for each senator. No county shall have counties 25 more than one-third of all the senators ; and no two counties 26 or the territory thereof as now organized, which are adjoin- 27 ing counties, or which are separated only by public waters, 28 shall have more than one-half of all the senators. 29 The ratio for apportioning senators shall always be ob- Ratio for apportion- 30 tained by dividing the number of inhabitants, excluding ment 31 aliens, by fifty, and the Senate shall aways be composed of 32 fifty members, except that if any county having three or 33 more senators at the time of any apportionment shall be 34 entitled on such ratio to an additional senator or senators, 35 such additional senator or senators shall be given to such 36 county in addition to the fifty senators, and the whole 37 number of senators shall be increased to that extent. Source Const. 1821, Art. I, 6; amended, Const. 1846, Art. Ill, 4; amended, Const. 1894, Art. Ill, 4. See also Const. 1777, Art. V, and amendments of 1801, Art. IV. 4b 4 *> For the text of the constitutional amendment of 1801, see Lincoln's Constitutional History, 1:191. 28 YORK STATE CONSTITUTION ANNOTATED [Part Article III, 5 Assembly apportion- ment 1 2 3 4 5 6 7 8 9 10 11 12 13 Ratio for apportion- ment Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV:345-346. See also the notes to the preceding section. Debates of constitutional conventions 1821. 399-416 (Oct. 11-12). 1846. 383-395 (July 21-22), 408-414 (July 23), 465^68 (July 30), 1867. II :S73-875, 1195-1196. 1894. 111:343-348 (111:1467-1470); 111:987-1215 (V:1S30-1964) ; 111:1223-1242 (IV:1969-1979) ; IV:6-37 (IV:1982-1999) ; IV: 56-57 (IV:2009); IV:78-96 (V:2021-2030) ; IV:357-376 (V: 2164-2174); IV:644-694 (V:2325-2354). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 48, 92, 132, 219 (Int. 217), 229 (Int. 227), 292 (Int. 288), 359 (Int. 350). 404-454 (Int. 376). 4e In the legislature, 1895-1914: see Part II, post, pp. 55-58. 5. The members of the Assembly shall be chosen by single districts, and shall be apportioned by the Legislature at the first regular session after the return of every enu- meration among the several counties of the State, as nearly as may be according to the number of their respective in- habitants, excluding aliens. Every county heretofore es- tablished and separately organized, except the county of Hamilton, shall always be entitled to one member of assem- bly, and no county shall hereafter be erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the Legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhabitants of the State, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining members of assembly shall be apportioned to the counties having more than two ratios according to the number of inhabitants, excluding aliens. 15 16 17 18 19 20 21 22 23 24 25 4c This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 29 Article III, 5 26 Members apportioned on remainders shall be apportioned to 27 the counties having the highest remainders in the order 28 thereof respectively. No county shall have more members 29 of assembly than a county having a greater number of~In- 30 habitants, excluding aliens. 31 Until after the next enumeration, members of the Assem- Number of 32 bly shall be apportioned to the several counties as follows : "** 33 Albany county, four members; Allegany county, one mem- 34 ber; Broome county, two members; Cattaraugus county, 35 two members; Cayuga county, two members; Chautauqua 36 county, two members; Chemung county, one member; 37 Chenango county, one member; Clinton county, one 38 member; Columbia county, one member; Cortland 39 county, one member; Delaware county, one member; 40 Dutchess county, two members; Erie county, eight 41 members; Essex county, one member; Franklin county, 42 one member; Fulton and Hamilton counties, one mem- 43 ber; Genesee county, one member; Greene county, one 44 member; Herkimer county, one member; Jefferson county, 45 two members; Kings county, twenty-one members; Lewis 46 county, one member; Livingston county, one member; 47 Madison county, one member; Monroe county, four mem- 48 bers; Montgomery county, one member; New York county, 49 thirty five members ; Niagara county, two members ; Oneida .50 county, three members; Onondaga county, four members; 51 Ontario county, one member ; Orange county, two members ; 52 Orleans county, one member; Oswego county, two members; 53 Otsego county, one member; Putnam county, one member; 54 Queens county, three members; Rensselaer county, three 55 members; Richmond county, one member; Rockland county, 56 one member; St. Lawrence county, two members; Saratoga 57 county, one member; Schenectady county, one member; 58 Schoharie county, one member; Schuyler county, one mem- 59 ber ; Seneca county, one member ; Steuben county, two mem- 60 bers; Suffolk county, two members; Sullivan county, one 61 member; Tioga county, one member; Tompkins county, one 62 member; Ulster county, two members; Warren county, one 63 member; Washington county, one member; Wayne county, 64 one member; Westchester county, three members ; Wyoming 65 county, one member, and Yates county, one member. 30 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article III, 5 Division of eg i n an y county entitled to more than one member, the counties * ^ board of supervisors, and in any city embracing an entire 68 county and having no board of supervisors, the common 69 council, or if there be none, the body exercising the powers 70 of a common council, shall assemble on the second Tuesday 71 of June, one thousand eight hundred and ninety-five, and at 72 such times as the Legislature making an apportionment shall 73 prescribe, and divide such counties into assembly districts 74 as nearly equal in number of inhabitants, excluding aliens, 75 as may be, of convenient and contiguous territory in as com- 76 pact form as practicable, each of which shall be wholly 77 within a senate district formed under the same apportion- 78 ment, equal to the number of members of assembly to which 79 such county shall be entitled, and shall cause to be filed in 80 the office of the Secretary of State and of the clerk of such 81 county, a description of such districts, specifying the number 82 of each district and of the inhabitants thereof, excluding 83 aliens, according to the last preceding enumeration; and 84 such apportionment and districts shall remain unaltered 85 until another enumeration shall be made, as herein provided ; 86 but said division of the city of Brooklyn and the county of 87 Kings to be made on the second Tuesday of June, one. 88 thousand eight hundred and ninety-five, shall be made by 89 the common council of the said city and the board of super- 90 visors of said county, assembled in joint session. In counties 91 having more than one senate district, the same number of 92 assembly districts shall be put in each senate district, unless 93 the assembly districts cannot be evenly divided among the 94 senate districts of any county, in which case one more 95 assembly district shall be put in the senate district in such 96 county having the largest, or one less assembly district shall 97 be put in the senate district in such county having the 98 smallest number of inhabitants, excluding aliens, as the 99 case may require. No town, and no block in a city inclosed 100 by streets or public ways, shall be divided in the formation 101 of assembly districts, nor shall any district contain a 102 greater excess in population over an adjoining district in the 103 same senate district, than the population of a town or block 104 therein adjoining such assembly district. Towns or blocks 105 which, from their location, may be included in either of two I] TEXT IN FORCE APRIL 6, 1915, WITH ^OTES 31 Article III, 5 106 districts, shall be so placed as to make said districts most 107 nearly equal in number of inhabitants, excluding aliens ; but 108 in the division of cities under the first apportionment, regard 109 shall be had to the number of inhabitants, excluding aliens, 110 of the election districts according to the state enumeration 111 of one thousand eight hundred and ninety-two, so far as may 112 be, instead of blocks. Nothing in this section shall prevent 113 the division, at any time, of counties and towns, and the 114 erection of new towns by the Legislature. An apportion- 115 ment by the Legislature, or other body, shall be subject 116 to review by the Supreme Court, at the suit of any citizen, court 117 under such reasonable regulations as the Legislature 118 may prescribe; and any court before which a cause 119 may be pending involving an apportionment, shall give 120 precedence thereto over all other causes and proceedings, 121 and if said court be not in session it shall convene promptly 122 for the disposition of the same. Source Const. 1821, Art. I, 7; amended, Const. 1846, Art. Ill, 5; amended in 1874 ; 4d amended, Const. 1894, Art. Ill, 5. See also Const, 1777, Art. V, and amendments of 1801, Art. II. 4(1 Lincoln's Constitutional History For an exhaustive historical and statistical statement (including tables of population and apportionments) of assembly apportion- ments in this colony and state, see 111:134-137; IV:350-352, and also the following references: During the colonial period, 111:137-151. Under the first Constitution, 1777, 111:152-159. From the second Constitution, 1821, to 1894, 111:159-167. For a statement of the rules to follow in determining the number of assemblymen to be apportioned to each county, see 111:229-230 (these rules are repeated in IV:351). For court decisions construing this section, see IV:352-355. References to constitutional conventions and commissions. 1777. 1:505-507. 1821. 1:639. 1846. 11:128-132. 1867. II: 319-320. 1872. 11:487-490. 1894. IV:350-352. Debates of constitutional conventions 1821. 399^16 (Oct. 11-12). 1846. 422-429 (July 24-25), 444-453 (July 28), 468-469 (July 30), 477-478 (July 31). 1867. 1:304-306; 11:852-867, 875-877, 1195-1196; V:3589-3591. 4(1 For the text of the constitutional amendments of 1874 and 1801, see Lincoln's Constitutional History, 1:297-298, 189. 32 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 6 1894.111:343-348 (111:1467-1470); 111:987-1215 (IV:1830-1964) ; 111:1223-1242 (IV:1969-1979) ; IV:6-37 (IV:1982-1999) ; 78- 96 (V:2021-2030); IV:357-376 (V:2164-2174) ; IV:644-694 (V: 2325-2354). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 48, 132, 165, 219 (Int. 217), 229 (Int. 227), 292 (Int. 288), 359 (Int. 350), 404-454 (Int. 376). 5 In the legislature, 1895-1914: see Part II, post, pp. 61-64. ti p of sa ~ 1 ** Each member of the Legislature shall receive for his 2 services an annual salary of one thousand five hundred dol- 3 larg. The members of either house shall also receive the sum 4 of one dollar for every ten miles they shall travel in going 5 to and returning from their place of meeting, once in each 6 session, on the most usual route. Senators, when the Senate 7 alone is convened in extraordinary session, or when serving 8 as members of the Court for the Trial of Impeachments, and 9 such members of the Assembly, not exceeding nine in number, 10 as shall be appointed managers of an impeachment, shall re- 11 ceive an additional allowance of ten dollars a day. Source Const. 1821, Art. I, 9 ; amended, Const. 1846, Art. Ill, 6 ; amended 1874. Lincoln's Constitutional History References to constitutional conventions and commissions. 1821. 1:639. 1846. 11:132-133. 1867. 11:320-321. 1872. II: 490-491. Debates of constitutional conventions 1821. 420-423 (Oct. 13). 1846. 431-436 (July 27), 470-474 (July 31). 1867. 1:761; 11:877-878, 1013; V:3456-3457, 3591-3593, 3606 1894. 111:356 (111:1474). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 16-456 (Int. 16), 27, 219 (Int. 217), 292 (Int. 288). In the legislature, 1895-1914: see Part II, post, pp. 64-67. office 7. No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United s This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT ix FORCE APRIL 6, 1915, WITH NOTES 33 Article III, 8 3 States, from the Governor, the Governor and Senate, or from 4 the Legislature, or from any city government, during the time 5 for which he shall have been elected; and all such appoint- 6 ments and all votes given for any such member for any such 7 office or appointment shall be void. Source Const. 1821, Art. I, 10; amended, Const. 1846, Art. Ill, 7; amended 1874. Lincoln's Constitutional History For history of this section and comment thereon, see IV:356-360. References to constitutional conventions and commissions. 1821. 1:639; IV:356-357. 1846. IV:357. 1872. IV:358. Debates of constitutional conventions 1821. 424-428 (Oct. 13). 1867. 11:878-879; V:3607-3608. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). 1 8. No person shall be eligible to the Legislature, who at 2 the time of his election, is, or within one hundred days previous 3 thereto has been, a member of Congress, a civil or military 4 officer under the United States, or an officer under any city 5 government. And if any person shall, after his election as a 6 member of the Legislature, be elected to Congress, or ap- 7 pointed to any office, civil or military, under the government 8 of the United States, or under any city *goverment, his accept- 9 ance thereof shall vacate his seat. 6 Source Const. 1821, Art. I, 11; amended, Const. 1846, Art. Ill, 8; amended 1874. Lincoln's Constitutional History For annotations, see IV:361. References to constitutional conventions and commissions. 1821. 1:639. 1872. 11:492-493. Debates of constitutional conventions 1821. 431^34 (Oct. 15). 1846. 436-443 (July 27). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 71, 131-455 (Int. 131), 219 (Int. 217). * So in original. 6 For certain proposed qualifications for members of the legislature, see Supplemental Notes following Article XV, post, under the title Legislature. 2 34 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article III, 9 little of * * rhe e l ect i ns of senators and members of assembly, members of 2 pursuant to the provisions of this Constitution, shall be held legislature 3 on the Tuesday succeeding the first Monday of November, 4 unless otherwise directed by the Legislature. Source Const. 1821, Art. I, 15; amended, Const. 1846, Art. Ill, 9. Lincoln's Constitutional History For a chronological sketch of the statutory and constitutional pro- visions in this state from 1778 regulating the time of election of the members of the legislature, see IV:361-363. References to constitutional conventions. 1821. IV:362. Debates of constitutional conventions 1867. 11:880. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitu- tional Amendments, Overture No. 219 (Int. 217). quorum of Temporary 1 10. A majority of each house shall constitute a quorum 2 to do business. Each house shall determine the rules of its 3 own proceedings, and be the judge of the elections, returns 4 and qualifications of its own members; shall choose its own 5 officers ; and the Senate shall choose a temporary president to 6 preside in case of the absence or impeachment of the Lieuten- 7 ant-Governor, or when he shall refuse to act as president, or 8 shall act as Governor. Source Const. 1821, Art. I, 3; amended, Const. 1846, Art. Ill, 10; amended, Const. 1894, Art. Ill, 10. See also Const. 1777, Art. IX. Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV :363-364. For history of the provision relating to the temporary president of the senate from 1777 to 1894, see III :230-235. For history of the movement to amend this section by depriving the legislature of the power to determine the election and quali- fications of its own members and transferring jurisdiction in such cases to the courts, see 11:576, 581-582. Debates of constitutional conventions 1867. Powers of senate and assembly, II :880-881. 1894. President pro tern of the senate, 11:26-31 (11:637-639), II: 484-489 (11:882-885); IV:414-416 (V:2195-2196). I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 35 Article III, 13 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 149, 218-382 (Int. 216 ), 7 219 (Int. 217). In the legislature, 1895-1914 : see Part II, post, p. 68. 1 11. Each house shall keep a journal of its proceedings, and Journals 2 publish the same, except such parts as may require secrecy. 3 The doors of each house shall be kept open, except when the open BBS- slons 4 public welfare shall require secrecy. Neither house shall, 5 without the consent of the other, adjourn for more than two Adjourn- ments 6 days. Source Const. 1777, Art. XV; amended, Const. 182.1, Art. 1, 4; continued without change in Const. 1846, Art. Ill, 11. Lincoln's Constitutional History For comment upon this section, especially with respect to the power of the assembly during the colonial period to fix the times of its own meetings and adjourn from time to time at its own pleasure, see IV:365. Debates of constitutional conventions 1867. Adjournments, 11:881-882. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). 1 12. For any speech or debate in either house of the Legris- pr of members 2 lature, the members shall not be questioned in any other place. Source Const. 1846, Art. Ill, 12. Lincoln's Constitutional History For brief historical note on this section, see IV:365-366. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). 13. Any bill may originate in either house of the Legis- B1 . 1Is ma y 2 lature, and all bills passed by one house may be amended by b 3 the other. 8 L Source Const. 1821, Art. I, 8; continued without change in Const. 1846, Art. Ill, 13. T This overture was adopted by the convention and accordingly became a part of the Constitution. s For limitation upon the time of the introduction of bills, see Supple- mental Notes following Article XV, post, under the title Bills. 36 ]^"EW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 14 Lincoln's Constitutional History For historical statement of the exclusive right claimed by the colonial assembly to originate money bills, see IV:367-368. References to constitutional conventions. 1821. 1:639; IV:366-367. Debates of constitutional conventions 1867. IV:2754. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 146-390 (Int. 146), 155, 219 (Int. 217). Enacting i 14. The enacting clause of all bills shall be " The People clause of bills 2 of the State of New York, represented in Senate and Assembly, 3 do enact as follows," and no law shall be enacted except by 4 bill. Source Const. 1777, Art. XXXI (omitted in Const. 1821) ; amended, Const. 1846, Art. Ill, 14. Lincoln's Constitutional History For historical statement of the enacting clause in early English statutes, in the colony of New York, and in this state down to 1846 (from which time there has been no change), see IV:369-375. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). In the legislature, 1895-1914 : see Part II, post, p. 68. Manner of 1 15. No bill shall be passed or become a law unless it shall biS ing 2 have been printed and upon the desks of the members, in its 3 final form, at least three calendar legislative days prior to its 4 final passage, unless the Governor, or the acting Governor, 5 shall have certified to the necessity of its immediate passage, 6 under his hand and the seal of the State ; nor shall any bill be 7 passed or become a law, except by the assent of a majority 8 of the members elected to each branch of the Legislature; 9 and upon the last reading of a bill, no amendment thereof 10 shall be allowed, and the question upon its final passage shall 11 be taken immediately thereafter, and the yeas and nays en- 12 tered on the journal. 9 Source Const. 1846, Art. Ill, 15; amended, Const. 1894, Art. Ill, 15. 9 For suggested restrictions upon the manner of passing local or private bills, see Supplemental Notes following Article XV, post, under the title Bills. I] TEXT IN FOKCE APRIL 6, 1915, WITH NOTES 37 Article III, 16 Lincoln's Constitutional History For court decisions under this section prior to the constitutional amendment of 1894, see IV:376-377. For discussion of the subject of the consideration and passage of bills, see III :235-244 ; for special comment on the " emergency message " of the governor, see IV : 242-244. References to constitutional conventions and commissions. 1867. 11:321-322. 1872. 11:494-495. 1894. 111:235-244. Debates of constitutional conventions 1867. Signing of bills and resolutions by presiding officer in the presence of the house, II :1302-1304. 1894. 1:6 (1:7), 1:478-490 (1:246-252), 1:671-676 (1:348-351), 1:695-696 (1:362), 1:887-917 (1:468-483). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 73-173-290-365 (Int. 73),' 219 (Int. 217), 248 (Int. 246), 288-396 (Int. 286). In the legislature, 1895-1914 : see Part II, post, p. 69. 1 16. No private or local bill, which may be passed by the 2 Legislature, shall embrace more than one subject, and that limited to J one subject 3 shall be expressed in the title. to be e *- pressed in title Source Const. 1846, Art. Ill, 16. Lincoln's Constitutional History For historical basis of this section, see IV :377-378. For court decisions dealing with the general principles of this section, see IV:380-382. For a chronological list of statutes from 1847 to 1901 with the court decisions holding them valid under this section, see IV:383^402; for a chronological list of statutes from 1854 to 1904 with the court decisions holding them invalid under this section, see IV: 403-410. References to constitutional conventions and commissions. 1872. 11:493-494. Debates of constitutional conventions 1846. 176-177 (June 27). 1867. 111:2102-2104. 1894. Certain limitations proposed as to general bills, 111:142-155 (111:1358-1365). 10 This overture was adopted by the convention and accordingly became a part of the Constitution. 38 YORK STATE CONSTITUTION ANNOTATED [Part Article III, 17 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 11-418 (Int. 11), 63, 154, 214-388 (Int. 212), 219 (Int. 217), 201-427 (Int. 200), 306 (Int. 300), 330-407 (Int. 322). Existing laws not applicable by refer- ence 1 17. No act shall be passed which shall provide that any 2 existing law, or any part thereof, shall be made or deemed a 3 part of said act, or which shall enact that any existing law, or 4 part thereof, shall be applicable, except by inserting it in such 5 act. Source Amendment of 1874. Lincoln's Constitutional History For comment upon this section, see IV:410-411. For chronological list of statutes from 1875 to 1901 with the court decisions construing them in the light of this section, see IV:411- 415. References to constitutional conventions and commissions. 1872. 11:494. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 219 (Int. 217), 283 (Int. 281). Cases in which pri- vate or local bills shall not be passed 1 18. The legislature shall not pass a private or local bill 2 in any of the following cases : 1X 3 Changing the names of persons. 4 *Lay out, opening, altering, working or discontinuing 5 roads, highways or alleys, or for draining swamps or other 6 low lands. 7 Locating or changing county seats. 8 Providing for changes of venue in civil or criminal cases. 9 Incorporating villages. 10 Providing for election of members of boards of supervisors. 11 Selecting, drawing, summoning or empaneling grand or 12 petit jurors. 13 Regulating the rate of interest on money. 11 For other suggested restrictions upon the manner of passing local or private bills, see Supplemental Notes following Article XV, post, under the title Bills. * So in original. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 39 Article III, 18 14 The opening and conducting of elections or designating 15 places of voting. 16 Creating, increasing or decreasing fees, percentage or 17 allowances of public officers, during the term for which said 18 officers are elected or appointed. 19 Granting to any corporation, association or individual the 20 right to lay down railroad tracks. 21 Granting to any private corporation, association or indi- 22 vidual any exclusive privilege, immunity or franchise what- 23 ever. 24 Granting to any person, association, firm or corporation 25 an exemption from taxation on real or personal property. 26 Providing for building bridges, and chartering companies 27 for such purposes, except on the Hudson river below Water- 28 ford, and on the East river, or over the waters forming a 29 part of the boundaries of the state. 30 The legislature shall pass general laws providing for the 31 cases enumerated in this section, and for all other cases which 32 in its judgment, may be provided for by general laws. But cases 33 no law shall authorize the construction or operation of a Restrictions 34 street railroad except upon the condition that the consent street rail 35 of the owners of one-half in value of the property bounded roads 36 on, and the consent also of the local authorities having the 37 control of that portion of a street or highway upon which 38 it is proposed to construct or operate such railroad be first 39 obtained, or in case the consent of such property owners can- 40 not be obtained, the appellate division of the supreme court, 41 in the department in which it is proposed to be constructed, 42 may, upon application, appoint three commissioners who shall 43 determine, after a hearing of all parties interested, whether 44 such railroad ought to be constructed or operated, and their 45 determination, confirmed by the court, may be taken in lieu 46 of the consent of the property owners. Source Amendment of 1874 ; amended in 1901. 12 Lincoln's Constitutional History For court decisions construing certain parts of this section, see the following pages in volume 4 : 12 The amendment of 1901 added the lines 24-25. For explanation of this amendment, see Lincoln's Constitutional History, 111:680-681. For its legislative history and the action of the people thereon, see Part II, post, pp. 70-71. 40 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 19 Line 3, page 418. Lines 4-6, pages 418-^20. Line 7, pages 420^21. Line 8, page 421. Line 9, page 421. Line 10, pages 421-422. Lines 11-12, page 423. Lines 16-18, pages 424-425. Lines 19-20, pages 425-427. Lines 21-23, pages 427-430. Lines 26-29, page 430. Lines 30-46, pages 431- 434. For historical comment on this section, including references to the work of the constitutional convention of 1867-68 and the con- stitutional commission of 1872, see 11:323-327, 497-501, and IV: 417-418. Debates of constitutional conventions 1867. 11:1379-1381, 1385-1386; 111:2102-2128; I V :2777-2785, 2801- 2803, 3111-3117; V:3603-3609, 3683-3685. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 87, 115-424 (Int. 115), 116-386 (Int. 116), 124, 147, 219 (Int. 217), 299 (Int. 295), 309 (Int. 303), 320 (Int. 312), 354 (Int. 345), 369 (Int. 362). In the legislature, 1895-1914 : see Part II, post, pp. 70-73. 19. The Legislature shall neither audit nor allow any Private claims se n8 not to ^ private claim or account against the State, but may appro- be audited by legisla- tvre 3 priate money to pay such claims as shall have been audited and 4 allowed according to law. 13 Source Amendment of 1874. Lincoln's Constitutional History For court decisions construing this section, see IV:434-435. References to constitutional conventions and commissions. 1872. 11:501-502. Debates of constitutional conventions 1867. 11:1319-1348; IV:2755. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 217-391 (Int. 215), 219 (Int. 217). In the legislature, 1895-1914 : see Part II, post, p. 73. Appropria- tion of public property for local or private purposes ; two-thirds Tote re- quired 1 20. The assent of two-thirds of the members elected to 2 each branch of the Legislature shall be requisite to every bill 3 appropriating the public moneys or property for local or 4 private purposes. Source Const. 1821, Art. VII, 9; amended, Const. 1846, Art. I, 9; con- tinued without change in Const. 1894, Art. Ill, 20. is For references to the court of claims see Supplemental Notes following Article XV, post, under the title Court of claims. I] TEXT IN FOECE APEIL 6, 1915, WITH NOTES 41 Article III, 22 Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV :435-439. This section, as it existed in the Constitution of 1821, included the following words at the end thereof, namely " or creating, continuing, altering, or renewing, any body politic or corporate." For court decisions construing this provision, see 1:215-216. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 81, 219 (Int. 217). 1 21. No money shall ever be paid out of the treasury of 2 this State, or any of its funds, or any of the funds under its 3 management, except in pursuance of an appropriation by 4 law ; nor unless such payment be made within two years next 5 after the passage of such appropriation act; and every such 6 law making a new appropriation, or continuing or reviving 7 an appropriation, shall distinctly specify the sum appro- 8 priated, and the object to which it is to be applied; and it 9 shall not be sufficient for such law to refer to any other law 10 to fix such sum. Source Const. 1846, Art. VII, 8; continued without change in Const. 1894, Art. Ill, 21. Lincoln's Constitutional History For court decisions construing this section, see IV:439-440. References to constitutional conventions. 1846. 11:182-184. Debates of constitutional conventions 1846. 940-943 (Sept. 22). 1867. 111:1840. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). In the legislature, 1895-1914 : see Part II, post, p. 74. 1 22. No provision or enactment shall be embraced in the 2 annual appropriation or supply bill, unless it relates specifi- j^ 3 cally to some particular appropriation in the bill; and any subjecta 4 such provision or enactment shall be limited in its operation 5 to such appropriation. Source Const. 1894, Art. Ill, 22. 42 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article III, 23 Lincoln's Constitutional History References to constitutional conventions. 1894. 111:244-245. Debates of constitutional conventions 1894. 11:599-601 (11:945-946). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 11-418 (Int. II), 14 299 (Int. 295). In the legislature, 1895-1914 : see Part II, post, p. 75. statutory i 23. Sections seventeen and eighteen of this article shall m ^ not a PP* v to anv kill, or ^6 amendments to any bill, which ^ shall be reported to the Legislature by commissioners who have 4 been appointed pursuant to law to revise the statutes. Source Amendment of 1874. Lincoln's Constitutional History For comment upon this section and the judicial construction thereof, see IV:441. References to constitutional conventions and commissions. 1872. 11:505-507. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 154, 299 (Int. 295). In the legislature, 1895-1914 : see Part II, post, p. 75. to" tltJ 8 * ^* Every law which imposes, continues or revives a tax XSS* and ^ S ^^ distinctly state the tax and the object to which it is to be 3 applied, and it shall not be sufficient to refer to any other law 4 to fix such tax or object. Source Const. 1846, Art. VII, 13; continued without change in amendments of 1874, Art. Ill, 20, and in Const. 1894, Art. Ill, 24. Lincoln's Constitutional History For judicial decisions construing this section, see IV:441-444. References to constitutional conventions. 1846. 11:182. Debates of constitutional conventions 1867. 111:1881-1882. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 257 (Int. 255). i* This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FOKCE APRIL 6, 1915, WITH NOTES 43 Article III, 26 1 25. On the final passage, in either house of the Legisla- 2 ture, of any act which imposes, continues or revives a tax, or 3 creates a debt or charge, or makes, continues or revives any 4 appropriation of public or trust money or property, or releases, 5 discharges or commutes any claim or demand of the State, the 6 question shall be taken by yeas and nays, which shall be duly 7 entered upon the journals, and three-fifths of all the members 8 elected to either house shall, in all such cases, be necessary to 9 constitute a quorum therein. Source Const. 1846, Art. VII, 14; continued without change in the amend- ments of 1874, Art. Ill, 21, and in Const. 1894, Art. Ill, 25. Lincoln's Constitutional History For court decisions construing this section, see IV:444-445. Debates of constitutional conventions 1867. 111:1992-2018, 2250-2259. 1 26. There shall be in each county, except in a county 2 wholly included in a city, a board of supervisors, to .be com- 3 posed of such members and elected in such manner and for 4 such period as is or may be provided by law. In a city which 5 includes an entire county, or two or more entire counties, the 6 powers and duties of a board of supervisors may be devolved 7 upon the municipal assembly, common council, board of alder- 8 men or other legislative body of the city. Source Amendments of 1874, Art. Ill, 22; continued without change in Const. 1894, Art. Ill, 26; amended in 1899. 15 Lincoln's Constitutional History For history of the legislation relating to New York city and to the erection of the county of Nassau, resulting from the situation created by this constitutional provision, see IV :445-447. References to constitutional conventions and commissions. 1867. 11:348-351. 1872. 502-504. Debates of constitutional conventions 1846. 1069-1070 (Oct. 7). 1867. V:3509-3523, 3653-3663. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 55, 286 (Int. 284), 341 (Int. 332). In the legislature, 1895-1914 : see Part II, post, pp. 75-76. is For the legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 75-76. 44 YORK STATE CONSTITUTION ANNOTATED [Part Article III, 27 Delegation of local legislative and admin- istrative powers 1 27. The legislature shall, by general laws, confer upon 2 the boards of supervisors of the several counties of the state 3 such further powers of local legislation and administration 4 as the legislature may, from time to time, deem expedient, 5 and in counties which now have, or may hereafter have, 6 county auditors or other fiscal officers, authorized to audit 1 bills, accounts, charges, claims or demands against the 8 county, the legislature may confer such powers upon said 9 auditors, or fiscal officers, as the legislature may, from time 10 to time deem expedient. 10 Source Const. 1846, Art. Ill, 17; amended in 1874, Art. Ill, 24; continued without change in Const. 1894, Art. Ill, 27; amended 1909. 17 Lincoln's Constitutional History For comment upon this section and court decisions construing it, seeIV:448-451. References to constitutional conventions and commissions. 1872. 11:504. Debates of constitutional conventions 1846. 1069-1070 (Oct. 7). 1867. 1:756-757. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 250 (Int. 248). In the legislature, 1895-1914 : see Part II, post, pp. 76-77. Extra com- 1 pensation to public 2 officers prohibited 3 28. The Legislature shall not, nor shall the common coun- cil of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or con- tractor. 171 Source Amendments of 1874, Art. Ill, 24; continued without change in Const. 1894, Art. Ill, 28. Lincoln's Constitutional History For court decisions construing this section, see IV:451^53. References to constitutional conventions and commissions. 1867. 11:322-323, 327-328. 1872. 11:504-505. 1894. 111:297- 298. ie For local option in the sale of intoxicating liquors, see Supplemental Notes following Article XV, post, under the title Intoxicating liquors. IT For legislative history of this amendment and action of people thereon, see Part II, post, p. 76. i7a See notes to Art. X, 9, and to 18, lines 16-18, of this Article. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 45 Article III, 29 Debates of constitutional conventions 1867. IV:2776-2777; V:3S70-3873. 1894.1:1184-1190 (11:621-624); 11:704-746 (111:1011-1027); II: 748-765 (111:1027-1038). 1 29. The Legislature shall, by law, provide for the occu- 2 pation and employment of prisoners sentenced to the several 3 state prisons, penitentiaries, jails and reformatories in the 4 State ; and on and after the first day of January, in the year contract 5 one thousand eight hundred and ninety-seven, no person in 6 any such prison, penitentiary, jail or reformatory, shall be 7 required or *allowd to work while under sentence thereto, 8 at any trade, industry or occupation, wherein or whereby his 9 work, or the product or profit of his work, shall be farmed 10 out, contracted, given or sold to any person, firm, association 11 or corporation. This section shall not be construed to prevent ^ a t r e k f r or 12 the Legislature from providing that convicts may work for, 13 and that the products of their labor may be disposed of to, 14 the State or any political division thereof, or for or to any 15 public institution owned or managed and controlled by the 16 State, or any political division thereof. Source Const. 1894, Art. Ill, 29. Lincoln's Constitutional History For an exhaustive history of legislation in this state on the subject of convict labor, including references to governors' messages and special reports, from 1796 to 1894, see III :246-287. For court decisions construing this section, see IV:453-454. References to constitutional conventions. 1894. 111:287-297. Debates of constitutional conventions 1894. 111:163-238 (111:1369-1409); IV:513-533 (V:2248-2259), IV: 1236-1249 (VI:2670-2679). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 117-392 (Int. 117). 18 lu the legislature, 1895-1914: see Part II, post, pp. 78-79. 18 This overture was adopted by the convention and accordingly became a part of the Constitution. * So in original. YORK STATE CONSTITUTION ANNOTATED [Part Article IV, 1 Governor and lieu- tenant- governor ; term of office ARTICLE IV 1 Section 1. The executive power shall be vested in a Governor, 2 who shall hold his office for two years ; a Lieutenant-Governor 3 shall be chosen at the same time, and for the same term. The 4 Governor and Lieutenant-Governor elected next preceding the 5 time when this section shall take effect, shall hold office until 6 and including the thirty-first day of December, one thousand 7 eight hundred and ninety-six, and their successors shall be 8 chosen at the general election in that year. Source Const. 1777, Arts. XVII and XX; amended, Const. 1821, Art. Ill, 1 ; amended, Const. 1846, Art. IV, 1 ; amended in 1874, Art. IV, I; 1 amended, Const. 1894, Art. IV, 1. Lincoln's Constitutional History For historical statement on the office of governor from 1621 to 1894, with comment thereon, see IV:454-461. For corresponding state- ment on the office of lieutenant-governor from 1697 to 1777, see IV :461-463. References to constitutional conventions and commissions. 1777. 1:524-527. 1821. 1:672, 668. 1846. 11:133, 135. 1872. 11:511-512. 1894. 111:306-309. Debates of constitutional conventions 1821. 137-141 (Sept. 12), 145-158 (Sept. 13), 174-177 (Sept. 18), 546-551 (Oct. 27). 1846. 167-172 (June 26). 1867. II :884-885, 888-893. 1894. IV:208-218 (V:2091-2097), IV.-724-727 (V:2371-2373). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 4, 43, 129, 275 (Int. 273), 35-457 (Int. 35). 2 In the legislature, 1895-1914 : see Part II, post, p. 81. Governor and lieu- tenant- governor ; qualifica- tions 1 2. No person shall be eligible to the office of Governor or 2 Lieutenant-Governor, except a citizen of the United States, 3 of the age of not less than thirty years, and who shall have the text of the amendment of 1874, see Lincoln's Constitutional History, I: 303. 2 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 47 Article IV, 3 4 been five years next preceding his election a resident of this 5 State/ 5 Source Const. 1777, Art. XVII; amended, Const. 1821, Art. Ill, 2; amended, Const. 1846, Art. IV, 2; amended in 1874; continued without change in Const. 1894, Art. IV, 2. Lincoln's Constitutional History For brief historical statement of the constitutional qualifications of governor from 1777, see IV :463-464. References to constitutional conventions and commissions. 1821. 1 :668. 1846. II :133, 135. 1872. II :512. Debates of constitutional conventions 1846. Necessity for restrictive qualifications. 177-182 (June 27), 186- 220 (June 29- July 1), 227-265 (July 7-8). Age. 186-220 (June 29- July 1), 227-265 (July 7-8), 268-278 (July 9-10). Residence. 186-220 (June 29-July 1), 227-265 (July 7-8), 339-346 (July 17). Native born. 172-175 (June 26). 1867. 11:893-894. 1 3. The Governor and Lieutenant-Governor shall be 2 elected at the times and places of choosing members of the and tenant- 3 Assembly. The persons respectively having the highest num- governor 4 ber of votes for Governor and Lieutenant-Governor shall be 5 elected ; but in case two or more shall have an equal and the Tie vote 6 highest number of votes for Governor, or for Lieutenant- 7 Governor, the two houses of the Legislature at its next annual 8 session shall forthwith, by joint ballot, choose one of the said 9 persons so having an equal and the highest number of votes 10 for Governor or Lieutenant-Governor. Source Const. 1777, Art. XVII; amended, Const. 1821, Art. Ill, 3; con- tinued without change in Const. 1846, Art. IV, 3. Lincoln's Constitutional History For historical statement of the times for electing the governor and lieutenant-governor from 1778, see IV:464-465. Debates of constitutional conventions 1821. 123-124 (Sept. 10), 136 (Sept. 12). 1867. 11:894; V:3621-3622. 3 For former property qualifications of governor and his ineligibility to other offices, see Supplemental Notes following Article XV, post, under the title Governor. 48 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article IV, 4 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 35-457 (Int. 35), 332 (Int. 324). In the legislature, 1895-1914 : see Part II, post, p. 82. Governor ; powers and duties 1 2 3 4 5 6 7 8 9 10 11 Salary 12 13 Executive residence 14 15 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have power to convene the Legislature, or the Senate only, on extraor- dinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the Governor may recom- mend for consideration. He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. 4 Source Const. 1777, Art. XVIII; amended, Const. 1821, Art. Ill, 4; con- tinued without change in Const. 1846, Art. IV, 4; amended in 1874, 4a amended, Const. 1894, Art. IV, 4. Lincoln's Constitutional History Mr. Lincoln divides his consideration of this section into the follow- ing topics: military authority, IV:466-467; extraordinary sessions of the legislature, IV:467-469; messages and recommendations to the legislature, IV :469-470 ; transaction of public business, IV :470 ; expedite public measures, IV:470-471; "take care that the laws are faithfully executed," IV:471; compensation, IV:471-472. References to constitutional conventions and commissions. 1777. General powers, 1 :526-528. 1821. General powers, 1:668-669; messages, 1:670-671; com- pensation, 1 :669-670. 1846. General powers, 11:134; compensation, 11:133. 1867. Extraordinary sessions, II :330-331. 1872. General powers and compensation, 11:512-517. *For references to the former council of appointment, see Supplemental Notes following Article XV, post, under that title. For governor's power of appointment, removal and extradition, see Supplemental Notes under the titles Appointment, power of, Kemoval, power of, and Governor, respec- tively. 4aFor text of the constitutional amendment of 1874, see Lincoln's Con- stitutional History, 1:303-304. I] TEXT IN FORCE APEIL 6, 1915, WITH iNoxES 49 Article IV, 5 Debates of constitutional conventions 1821. Messages, 173-174 (Sept. 18). 1846. General powers, 152-156 (June 24) ; military authority, 349- 350 (July 18); compensation, 163-164 (June 25), 284-288 (July 11). 1867. General powers, 11:1131-1132; compensation, 1:666-667; II: 885-886, 894, V:3611-3612, 3629-3630; extraordinary sessions, V: 3612-3614, 3614-3617. Texts of proposed amendments In the legislature, 1895-1914 : see Part II, post, pp. 82-84. 1 5. The Governor shall have the power to grant reprieves, 2 commutations and pardons after conviction, for all offenses 3 except treason and cases of impeachment, upon such con- 4 ditions and with such restrictions and limitations, as he may 5 think proper, subject to such regulations as may be provided 6 by law relative to the manner of applying for pardons. 7 Upon conviction for treason, he shall have power to suspend Treason; 8 the execution of the sentence, until the case shall be reported "iJ? This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 61 Article VI, 1 ARTICLE VI 1 1 Section 1. The Supreme Court is continued with general sum-em* 2 jurisdiction in law and equity, subject to such appellate juris- 3 diction of the Court of Appeals as now is or may be pre- 4 scribed by law not inconsistent with this article. 2 The exist- 5 ing judicial districts of the State are continued until changed 6 as hereinafter provided. The Supreme Court shall consist justices; 7 of the Justices now in office, and of the Judges transferred eSSi ac 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 Alteratlon 16 alter the judicial districts once after every enumeration under 17 the Constitution, of the inhabitants of the State, and there- 18 upon reapportion the Justices to be thereafter elected in the J ustlces 19 districts so altered. 20 The legislature may from time to time increase the num- Increase ln 21 ber of justices in any judicial district except that the 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 thou- 25 sand, or fraction over forty thousand of the population 26 thereof, as shown by the last state, or federal census or enu- 27 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. 62 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 1 30 population thereof as shown by the last state or federal Additional 31 census or enumeration. The legislature may erect out of district 1 32 the second judicial district as now constituted, another 33 judicial district and apportion the justices in office between 34 the districts, and provide for the election of additional jus- 35 tices in the new district not exceeding the limit herein 36 provided. Source Const. 1821, Art. V, 4; amended, Const. 1846, Art. VI, 3; amended, Judiciary Article, 1869, 3 Art. VI, 6; amended in 1879* and in 1888 ; 4 amended, Const. 1894, Art. VI, 1; amended in 1905. 5 Lincoln's Constitutional History For historical comment, mainly on the period from 1821 to 1846, see 11:64-73. For court decisions construing this section and matters relating thereto, see IV:525-534. References to constitutional conventions and commissions. 1777. 1:535. 1821. 1:674-690. 1846. II :140-144, 150-153, 217. 1867. II :247-249, 264-271. Method of choosing judges, II :2S5- 288. 1890. 11:701-703. 1894. Ill :335-341, 352-353. Debates of constitutional conventions 1821. Reorganization, 501 (Oct. 22) ; legislative power to create, 602- 604 (Nov. 2); number of justices, 621-623 (Nov. 3), 653-654 (Nov. 9). 1846. How constituted, 773-777 (Aug. 29-31), 762-764 (Aug. 26- 27); jurisdiction, 559-582 (Aug. 10-11), 590-596 (Aug. 12); justices, how chosen, 111-112 (June 17), 140-142 (June 23), 787- 794 (Sept. 1-2); additional justices, 794-796 (Sept. 2-3), 1123- 1124 (Appendix) ; judicial districts, 766-768 (Aug. 27), 771-772 (Aug. 28). 3 The constitution proposed by the constitutional convention of 1867-68 was not submitted to the people until the general election in November r 1869. For the full text (except Art. VI) of this proposed constitution, see Lincoln's Constitutional History, II: 423-463. It was all rejected except the Judiciary Article (Art. VI). This article as adopted by the people is given in full in Lincoln, I: 282-295. 4 For the texts of the constitutional amendments of 1879 and 1888, see Lincoln's Constitutional History, 1:314, 315. 5 For legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 102-103. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 63 Article VI, 2 1867. How constituted, IV :240S-2426, 2452-2478, 2495-2524, 2530- 2541, 2644-2650; V:3709-3713; justices, number, V:3708-3709, 3719-3720; justices, how chosen, IV :2551-2560, 2574-2591, 2665- 2668, 2707-2708; time of election, V:3737-3738. 1894. Justices, number, 11:892-893 (111:1108-1109); 11:906-915 (111:1116-1120); 11:919-922 (111:1124-1126); 111:55-56 (II: 1310). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 269 (Int. 267), 279 (Int. 277), 422 (Int. 383 ). 6 In the legislature, 1895-1914: see Part II, post, pp. 102-107. 1 2. The legislature shall divide the state into four judicial par d tmeit a de ~ 2 departments. The first department shall consist of the 3 county of New York; the others shall be bounded by county 4 lines, and be compact and equal in population as nearly 5 as may be. Once every ten years the legislature may alter 6 the judicial departments, but without increasing the number 7 thereof. There shall be an appellate division of the supreme 8 court, consisting of seven justices in the first department, 9 and of five justices in each of the other departments. In each 10 department four shall constitute a quorum, and the concur- 11 rence of three shall be necessary to a decision. No more than 12 five justices shall sit in any case. From all the justices elected 13 to the supreme court the governor shall designate those who 14 shall constitute the appellate division in each department; 15 and he shall designate the presiding justice thereof, who shall 16 act as such during his term of office, and shall be a resident of 17 the department. The other justices shall be designated for 18 terms of five years or the unexpired portions of their respec- 19 tive terms of office, if less than five years. From time to 20 time as the terms of such designations expire, or vacancies 21 occur, he shall make new designations. A majority of the 22 justices so designated to sit in the appellate division, in 23 each department shall be residents of the department. He 24 may also make temporary designations in case of the absence 25 or inability to act of any justice in the appellate division, 26 or in case the presiding justice of any appellate division 27 shall certify to him that one or more additional justices are 28 needed for the speedy disposition of the business before it. 6 This overture was adopted by the convention and accordingly became a part of the Constitution. XEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 Powers and duties of justices Transfer of Oft appeals to other de- QQ partment 31 32 33 34 36 37 38 39 40 41 42 43 44 45 47 48 49 50 51 52 53 54 55 56 58 59 Jurisdiction Reporter Appellate division justices to fix special terms Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several depart- ments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall, within the department to which he may be designated to perform the duties of an appellate justice, exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division, or to the hearing and decision of motions submitted by consent of counsel, but any such justice, when not actually engaged in performing the duties of such appel- late justice in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any county or judicial district in any other department of the state. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be con- ferred by the legislature. It shall have power to appoint and remove a reporter. 7 The justices of the appellate divi- sion in each department shall have power to fix the times and places for holding special terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor. Source Const. 1846, Art. VI, 6; amended, Judiciary Article, 1869, 8 Art. VI, 7; amended, Const. 1894, Art. VI, 2; amended in 1899 9 and in 1905. 9 Lincoln's Constitutional History For historical sketch of the evolution of the appellate division, see 111:353-355. 7 For suggestions in regard to a council of law reporting, see Supple- mentary Notes following Article XV, post, under the title Courts. s See footnote no. 3, to Art. VI, 1, ante. For the legislative history of the amendments of 1899 and 1905, and the action of the people thereon, see Part II, post, pp. 109-112. I] TEXT IN FORCE APRIL G, 1915, WITH XOTKS 05 Article VI, 3 For comment upon this section and court decisions construing it, see IV :536-539. References to constitutional conventions and commissions. 1867. Departments, 11:251, 265-269, 271; reporter, 11:285. 1890. General term, 11:693-695, 697-698, 700, 723; departments,- 11:702-704; justices, election, 11:695-697, 699, 700-707, 723; justices, powers, 11:701, 724; justices, designation, 11:701. 1894. 111:355-360. Debates of constitutional conventions 1846. Judges, powers limited, 789 (Sept. 2). 1867. Judicial departments, IV :2693-2695 ; general term, IV:2541- 2544, 2547, 2650-2651, 2677-2683, 2693-2695. 1894. How constituted, 11:923-934 (111:1126-1132); 111:33-34 (III: 1296-1297) ; 111:36-52 (111:1300-1308) ; justices, number, IV:547- 558 (V:2269-2274); justices, duties, 111:52-55 (111:1308-1310). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 101, 128, 163, 422 (Int. 383). 10 In the legislature, 1895-1914: see Part II, post, pp. 109-121. 1 3. No Judge or Justice shall sit in the Appellate Division ^ d f e e vi ^ 2 or in the Court of Appeals in review of a decision made by own de - " cis ion on 3 him or by any court of which he was at the time a sitting a ?p eal 4 member. The testimony in equity cases shall be taken in like Testimony - . . . , J . . ., . in e( l uit y 5 manner as in cases at law ; and, except as herein otherwise case s 6 provided, the Legislature shall have the same power to alter p we r * r legislature 7 and regulate the jurisdiction and proceedings in law and in over juris- diction and 8 equity that it has heretofore exercised. proceedings in actions Source Const. 1846, Art. VI, 10; amended, Judiciary Article, 1869," Art. VI, 8; amended, Const. 1894, Art. VI, 3. Lincoln's Constitutional History For historical comment on this section and court decisions construing the same, see IV:539-542. References to constitutional conventions. 1846. Testimony in equity cases, 11:163. 1867. Not to review his own decision, 11:266-267, 271. Debates of constitutional conventions 1846. Testimony in equity cases, 782-785 (Sept. 1); procedure regu- lated by the legislature, 772-773 (Aug. 29). 1 This overture was adopted by the convention and accordingly became a part of the Constitution. 11 See footnote no. 3, to Art. VI, 1, ante. 66 ]STEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 4 1867. Testimony in equity cases, IV:26S3-26S4; not to review his own decision, IV:2434-2436; V:3713-3717. 1894. Not to review his own decision, 11:934 (111:1132). Texts of proposed amendments In the Constitutional convention of 1894: see Proposed Constitu- tional Amendments, Overtures Nos. 127, 422 (Int. 383 ). 12 supreme i 4. The official terms of the Justices of the Supreme Court court justices;^ 2 shall be fourteen years from and including the first day of vacancies 3 January next after their election. 13 When a vacancy shall 4 occur otherwise than by expiration of term in the office of 5 Justice of the Supreme Court the same shall be filled for a 6 full term, at the next general election, happening not less 7 than three months after such vacancy occurs; and, until 8 the vacancy shall be so filled, the Governor by and with the 9 advice and consent of the Senate, if the Senate shall be in 10 session, or if not in session the Governor, may fill such va- il cancy by appointment, which shall continue until and in- 12 eluding the last day of December next after the election at 13 which the vacancy shall be filled. Source Const. 1846, Art, VI, 13; amended, Judiciary Article, 1S69,' 4 Art. VI, 9 ; amended, Const. 1894, Art. VI, 4. See also Const. 1777, Art. XXIV, and Const, 1821, Art. IV, 7. Lincoln's Constitutional History For court decisions construing this section, see IV :542-543. References to constitutional conventions and commissions. 1821. 1 :672, 675. 1867. II :250-262, 266, 268-271. 1890. II :718. Debates of constitutional conventions 1846. 769-770 (Aug. 28). 1867. IV :2544-2547, 2551-2560, 2574-2592, 2651-2654, 26G5-2668. 1894. 11:934-945 (111:1132-1138). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 70, 77, 102, 422 (Int. 383). 15 In the legislature, 1895-1914: see Part II, post, pp. 121-123. 12 This overture was adopted by the convention and according became a part of the Constitution. is For age limitation, see Art. VI, 12, post. i* See footnote no. 3, to Art. VI, 1, ante. 15 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 67 Article VI, 5 1 5. The Superior Court of the City of New York, 16 the 2 Court of Common Pleas for the City and County of New abolished 3 York, the Superior Court of Buffalo, and the City Court of 4 Brooklyn, are abolished from and after the first day of Janu> 5 ary, one thousand eight hundred and ninety-six, and there- 6 upon the seals, records, papers and documents of or belonging 7 to such courts, shall be deposited in the offices of the Clerks of 8 the several counties in which said courts now exist; and all 9 actions and proceedings then pending in such courts shall be 10 transferred to the Supreme Court for hearing and determina- 11 tion. The Judges of said courts in office on the first day of 12 January, one thousand eight hundred and ninety-six, shall, 13 for the remainder of the terms for which they were elected 14 or appointed, be Justices of the Supreme Court; but they 15 shall sit only in the counties in which they were elected or 16 appointed. Their salaries shall be paid by the said counties 17 respectively, and shall be the same as the salaries of the other 18 Justices of the Supreme Court residing in the same counties. 19 Their successors shall be elected as Justices of the Supreme 20 Court by the electors of the judicial districts in which they 21 respectively reside. 22 The jurisdiction now exercised by the several courts hereby 23 abolished, shall be vested in the Supreme Court. Appeals 24 from inferior and local courts now heard in the Court of 25 Common Pleas for the City and County of New York and the 26 Superior Court of Buffalo, shall be heard in the Supreme 27 Court in such manner and by such Justice or Justices as the 28 Appellate Divisions in the respective departments which in- 29 elude New York and Buffalo shall direct, unless otherwise 30 provided by the Legislature. Source Judiciary Article I860, 17 Art. VI, 12; amended in 1880 ; 18 amended, Const. 1894, Art. VI, 5. i For references to the former New York city court, see Supplemental Notes following Article XV, post, under the title Courts. IT See footnote no. 3, to Art. VI, 1, ante. is For text of the constitutional amendment of 1880, see Lincoln's Con- stitutional History, I: 316-317. 68 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 6 Lincoln's Constitutional History For court decisions relating to this section or the subject-matter thereof, see IV :240, 538, 544. For a history of the court of common pleas, the superior courts of New York and Buffalo, and the city court of Brooklyn, see II: 274-279. References to constitutional conventions and commissions. 1867. Superior courts and court of common pleas, II :274-279. 1890. Superior courts abolished, 11:707-710, 724-725. 1894. Superior courts abolished, 111:362-364. Debates of constitutional conventions 1867. IV:2437-243S, 2547-2551, 2661-2665. 1894. 11:890-892 (111:1108); 11:967-978 (111:1150-1156). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383 ). 19 circuit 1 6. Circuit Courts and Courts of Oyer and Terminer are coSJ of 2 abolished from and after the last day of December, one te y rminer d 3 thousand eight hundred and ninety-five. All their jurisdiction abolished 4 ghall t h ereu p 0n be vested in the Supreme Court, and all 5 actions and proceedings then pending in such courts shall be 6 transferred to the Supreme Court for hearing and determina- 7 tion. Any Justice of the Supreme Court, except as otherwise 8 provided in this article, may hold court in any county. Source Const. 1894, Art. VI, 6. Lincoln's Constitutional History For court decisions construing this section, see IV:545. For historical comment upon the circuit system in this state, see II: 264-265. References to constitutional conventions. 1821. Oyer and terminer, 1:677-678; circuit courts, 1:681, 688. 1894. Courts abolished, 111:369. Debates of constitutional conventions 1821. Circuit courts, organization, 604-621 (Nov. 2-3); legislative control, 520-522 (Oct. 23). 1894. Courts abolished, 11:900-901 (111:1112-1113); 11:978 (III: 1156). Texts of proposed amendments In the legislature, 1895-1914: see Part II, post, pp. 126-127. lo This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT ix FOKCE APRIL 6, 1015, WITH XOTES 69 Article VI, 7 1 7. The court of appeals is continued. 20 It shall consist court of 2 of the chief judge and associate judges now in office, who 3 shall hold their offices until the expiration of their respective 4 terms, and their successors, who shall be chosen by-the 5 electors of the state. The official terms of the chief judge 6 and associate judges shall be fourteen years from and in- 7 eluding the first day of January next after their election. 8 Five members of the court shall form a quorum, and the con- 9 currence of four shall be necessary to a decision. The court Reporter, 10 shall have power to appoint and to remove its reporter, 21 cl 11 clerk and attendants. Whenever and as often as a ma- Designation 12 jority of the judges of the court of appeals shall certify to cou S r u t P juT- e 13 the governor that said court is unable, by reason of the se c rv s e L 14 accumulation of causes pending therein, to hear and dispose judges* 1 e 15 of the same with reasonable speed, the governor shall desig- 16 nate not more than four justices of the supreme court to 17 serve as associate judges of the court of appeals. The justices 18 so designated shall be relieved from their duties as justices 19 of the supreme court and shall serve as associate judges 20 of the court of appeals until the causes undisposed of in said 21 court are reduced to two hundred, when they shall return to 22 the supreme court. The governor may designate justices of 23 the supreme court to fill vacancies. No justice shall serve 24 as associate judge of the court of appeals except while hold- 25 ing the office of justice of the supreme court, and no more 26 than seven judges shall sit in any case. Source Const. 1846, Art. VI, 2; amended, Judiciary Article, 1869, 22 Art. VI, 2; amended, Const. 1894, Art, VI, 7; amended in 1899. 23 See also Judiciary Article, 1869, 22 Art. VI, 4; amendment of 1872, 28 ; 24 amendment of 1888, 6. 24 20 For references to the former commission of appeals, see Supplemental Notes following Article XV, post, under the title Courts. 21 For suggestions in regard to a council of law reporting, see Supple- mental Notes following Article XV, post, under the title Courts. 22 See footnote no. 3, to Art. VI, 1, ante. 23 For legislative history of this amendment and action of people thereon, see Part II, post, p. 128. 24 For texts of the constitutional amendments of 1872 and 1888, see Lincoln's Constitutional History, I: 318, 315. TO XEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VI, 8 Lincoln's Constitutional History For comment on the dissatisfaction felt in 1846 with the court for the correction of errors, which led to the creation of the court of ap- peals, see II :145-146. For the evolution of the court of appeals from 1847 to 1867, see 11:227-229; from 1867 to 1894, see III: 341-342. See also, II :284-285. References to constitutional conventions and commissions. 1846. 11:146-150. 1867. 11:249-262, 284-285. 1890. 11:686- 691, 722. 1894. 341-352, 373. Debates of constitutional conventions 1846. Organization, 558-559 (Aug. 10) ; election of judges, 751-763 (Aug. 25-26); clerk, 821-822 (Sept. 8). 1867. Organization, IV :2635-2644 ; sessions, 111:2165-2167; judges, tenure of office, 111:2164-2228, 2281-2303, 2359; IV:244, 2547; V: 3726-3727; number of judges, 111:2167-2181; IV :2450-2452 ; V: 3706-3707; election of judges, 111:2200-2203; quorum, 111:2404- 2407; chief judge, how chosen, 111:2190-2197. 1894. Number of judges, 11:979-1028 (111:1156-1183); 11:1029- 1057 (111:1185-1200); 11:1060-1087 (111:1203-1217); quorum, 11:902-903 (111:1113); 11:986^988 (111:1159-1161); organiza- tion, division, 11:893-900 (111:1109-1112); V:559-566 (V:2275- 2279); court of criminal appeals, 1:734-738 (1:384-386). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 19, 33, 42, 268 (Int. 266), 311 (Int. 305), 336 (Int. 328), 422 (Int. 3S3). 25 In the legislature, 1895-1914 : see Part II, post, pp. 128-132. vacancies 1 8. When a vacancy shall occur otherwise than by expira- 2 tion of term, in the office of Chief or Associate Judge of the 3 Court of Appeals, the same shall be filled, for a full term, 4 at the next general election happening not less than three 5 months after such vacancy occurs; and until the vacancy 6 shall be so filled, the Governor, by and with the advice and 7 consent of the Senate, if the Senate shall be in session, or if 8 not in session the Governor may fill such vacancy by appoint- 9 ment. If any such appointment of Chief Judge shall be 10 made from among the Associate Judges, a temporary appoint- 11 ment of Associate Judge shall be made in like manner; but 12 in such case, the person appointed Chief Judge shall not be 13 deemed to vacate his office of Associate Judge any longer 14 than until the expiration of his appointment as Chief Judge. 25 This amendment was adopted by the convention and accordingly be- came a part of the Constitution. I] TEXT IN FOECE APEIL 6, 1915, WITH XOTES 71 Article VI, 9 15 The powers and jurisdiction of the court shall not be 16 suspended for want of appointment or election, when the 17 number of Judges is sufficient to constitute a quorum. All 18 appointments under this section shall continue until and 19 including the last day of December next after the election 20 at which the vacancy shall be filled. Source Const. 1846, Art. VI, 13; amended, Judiciary Article, 1869, 26 Art. VI, 3 ; amended, Const. 1894, Art. VI, 8. See also Const. 1821, Art. IV, 7. Lincoln's Constitutional History References to constitutional conventions. 1867. Vacancies, II :260. Debates of constitutional conventions 1867. Vacancies, IV :2544-2547,, 2652-2654; V:3727. 1894. Vacancies, 11:1088 (111:1217). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 77, 422 (Int. 383 ). 27 In the legislature, 1895-1914 : see Part II, post, p. 133. 1 9. After the last day of December, one thousand eighx Jurisdiction " of court of 2 hundred and ninety-five, the jurisdiction of the Court of 3 Appeals, except where the judgment is of death, shall be 4 limited to the review of questions of law. No unanimous 5 decision of the Appellate Division of the Supreme Court 6 that there is evidence supporting or tending to sustain a 7 finding of fact or a verdict not directed by the court, shall 8 be reviewed by the Court of Appeals. Except where the 9 judgment is of death, appeals may be taken, as of right, to 10 said court only from judgments or orders entered upon 11 decisions of the Appellate Division of the Supreme Court, 12 finally determining actions or special proceedings, and from 13 orders granting new trials on exceptions, where the appellants 14 stipulate that upon affirmance judgment absolute shall be 15 rendered against them. The Appellate Division in any 16 department may however, allow an appeal upon any question 17 of law which, in its opinion, ought to be reviewed by the 18 Court of Appeals. 26 See footnote no. 3, to Art. VI, 1, ante. 27 This overture was adopted by the convention and accordingly became a part of the Constitution. [Part Article VI, 10 19 The Legislature may further restrict the jurisdiction of the 20 Court of Appeals and the right of appeal thereto, but the 21 right to appeal shall not depend upon the amount involved. 22 The provisions of this section shall not apply to orders 23 made or judgments rendered by any General Term before 24 the last day of December, one thousand eight hundred and 25 ninety-five, but appeals therefrom may be taken under exist- 26 ing provisions of law. Source Const. 1894, Art. VI, 9, Lincoln's Constitutional History For court decisions construing this section, see IV :54S-550. References to constitutional conventions and commissions. 1867. 11:260. 1890. 11:686-690, 722. 1894. 111:346-347, 349- 352. Debates of constitutional conventions 1846. Power to issue state writs, 837-838 (Sept. 10). 1867. IV:2699-2701; V:3738-3739. 1894. 11:902 (111:1113); 11:1088-1121 (111:1217-1235); 111:64-65 (111:1314-1315); IV:558-559 (V:2275). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383 ).~ 8 In the legislature, 1895-1914 : see Part II, post, pp. 134-138. to h g o?d not * 10- Tne Judges of the Court of Appeals and the Justices other offlce 2 of the Supreme Court shall not hold any other office or public 3 trust. All votes for any of them, for any other than a judicial 4 office, given by the Legislature or the people, shall be void. Source Const. 1777, Art. XXV; amended, Const. 1821, Art. V, 7; amended, Const. 1846, Art. VI, 8; amended, Judiciary Article, 1869, Art. VI, 10. 29 Lincoln's Constitutional History For court decisions construing this section, see IV :551-554. References to constitutional conventions. 1777. 1:535. Debates of constitutional conventions 1846. 779-781 (Aug. 31). 1867. IV:2436, 2661. 1894. 11:907-908 (111:1116-1117); 11:1121-1122 (111:1236). 28 This overture was adopted by the convention and accordingly became a part of the Constitution. 29 See footnote no. 3, to Art. VI, $ 1, ante. I] TEXT ix FORCE APRIL 6, 1915, WITH ^ T OTES 73 Article VI, 12 1 11. Judges of the Court of Appeals and Justices of the J 2 Supreme Court may be removed by concurrent resolution of 3 both houses of the Legislature, if two-thirds of all the mem- 4 bers elected to each house concur therein. All other judicial 5 officers, except Justices of the Peace and judges or justices 6 of inferior courts not of record, may be removed by the 7 Senate, on the recommendation of the Governor, if two-thirds 8 of all the members elected to the Senate concur therein. 9 But no officer shall be removed by virtue of this section 10 except for cause, which shall be entered on the journals, 11 nor unless he shall have been served with a statement of 12 the cause alleged, and shall have had an opportunity to be 13 heard. On the question of removal, the yeas and nays shall 14 be entered on the journal. 30 Source Const. 1846, Art. VI, 11; amended, Judiciary Article, 1869, 31 Art. VI, 11; amended, Const. 1894, Art. VI, 11. See also Const. 1821, Art. I, 13 ; amendment of 1845. 32 Lincoln's Constitutional History For a history of the legislature's power of removal and the cases in which this power has been invoked, from 1777 to 1905, see IV :554- 590. For particular reference to the senate's power of removal, see IV:577-590. References to constitutional conventions. 1777. IV:554-556. 1821. 1:674; IV:556-563. 1846. IV:563- 565. 1867. IV:565-566. 1894. 111:369; IV:566-567. Debates of constitutional conventions 1821. 443-445 (Oct. 15). 1846. 785-787 (Sept. 1). 1894. 11:1122- 1123 (111:1236-1237). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383). 33 In the legislature, 1895-1914: see Part II, post, pp. 139-140. 1 12. No person shall hold the office of judge or justice A s e "mit 2 of any court longer than until and including the last day 30 For other references to the removal of judges, see Supplemental Notes following Article XV, post, under the title Kemoval, power of. 31 See nootnote no. 3, to Art. VI, 1, ante. 32 For text of the constitutional amendment of 1845, see Lincoln's Con- stitutional History, I: 224-225. 33 This overture was adopted hy the convention and accordingly became a part of the Constitution. YORK STATE CONSTITUTION ANNOTATED [Part 3 of December next after he shall be seventy years of age. tio p o? sa ~ ^ Each justice of the supreme court shall receive from the supreme 5 state fa e sum O f ten thousand dollars per year. Those justices (5 assigned to the appellate divisions in the third and fourth 7 departments shall each receive in addition the sum of two 8 thousand dollars, and the presiding justices thereof the sum 9 of two thousand five hundred dollars per year. Those 10 justices elected in the first and second judicial departments 11 shall continue to receive from their respective cities, counties 12 or districts, as now provided by law, such additional com- 13 pensation as will make their aggregate compensation what 14 they are now receiving. Those justices elected in any 15 judicial department other than the first or second, and as- 16 signed to the appellate divisions of the first or second depart- 17 ments shall, while so assigned, receive from those depart- 18 ments respectively, as now provided by law, such additional 19 sum as is paid to the justices of those departments. A justice 20 elected in the third or fourth department assigned by the 21 appellate division or designated by the governor to hold 22 a trial or special term in a judicial district other than that 23 in which he is elected shall receive in addition ten dollars per 24 day for expenses while actually so engaged in holding such 25 term, which shall be paid by the state and charged upon the 26 judicial district where the service is rendered. The compen- 27 sation herein provided shall be in lieu of and shall exclude 28 all other compensation and allowance to said justices for 29 expenses of every kind and nature whatsoever. The provi- 30 sions of this section shall apply to the judges and justices 31 now in office and to those hereafter elected. Source Const. 1846, Art, VI, 7; amended, Judiciary Article, I860, 31 Art. VI, 13, 14; amended in 1880, 13 ; 35 amended, Const. 1894, Art. VI, 12; amended in 1909. 36 See also Const. 1777, Art. XXIV. Lincoln's Constitutional History Compensation, history of, from 1835,- see IV :590-598. For court decisions construing the age limit provision of this section, seeIV:598. 34 See footnote no. 3, to Art. VI, 1, ante. 35 For text of the constitutional amendment of 1880, see Lincoln's Con- stitutional History, I: 317. 36 For legislative history of this amendment and action of people thereon, see Part II, post, pp. 141-142. I] TEXT IN FORCE APRIL 6, 1915, WITH KOTES 75 Article VI, 13 References to constitutional conventions and commissions. 1890. Judicial pensions, II :713-716, 724. 1894. Judicial pensions, 111:366-368. Debates of constitutional conventions 1846. 777-779 (Aug. 31). 1867. IV:243S-2443, 2446-2460, 2708. 1894. 11:1123-1157 (111:1237-1256); 11:1159-1169 (111:1258-1263). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 25, 179 (Int. 178), 249 (Int. 247), 262 (Int. 260), 422 (Int. 383). 37 In the legislature, 1895-1914: see Part II, post, pp. 141-143. 1 13. The Assembly shall have the power of impeachment, 2 by a vote of a majority of all the members elected. The 3 Court for the Trial of Impeachments shall be composed of 4 the President of the Senate, the senators, or the major part 5 of them, and the Judges of the Court of Appeals, or the 6 major part of them. On the trial of an impeachment against 7 the Governor or Lieutenant-Governor, the Lieutenant-Gov- 8 ernor shall not act as a member of the court. No judicial 9 officer shall exercise his office, after articles of impeachment 10 against him shall have been preferred to the Senate, until 11 he shall have been acquitted. Before the trial of an impeach- 12 ment the members of the court shall take an oath or affirma- 13 tion truly and impartially to try the impeachment according 14 to the evidence, and no person shall be convicted without the 15 concurrence of two-thirds of the members present. Judg- 16 ment in cases of impeachment shall not extend further than 17 to removal from office, or removal from office and disqualifi- 18 cation to hold and enjoy any office of honor, trust or profit 19 under this State; but the party impeached shall be liable 20 to indictment and punishment according to law. Source Const. 1777, Art. XXXIII; amended, Const. 1821, Art. Y, 2; amended, Const. 1846, Art. VI, 1; amended, Judiciary Article, 1869, 38 Art. VI, 1; continued without change in Const. 1894, Art. VI, 13. Lincoln's Constitutional History For historical sketch of the power of impeachment in this state, in- cluding impeachment trials, see IV:599-612. 37 This overture was adopted by the convention and accordingly became a part of the Constitution. ss See footnote no. 3, to Art. VI, $ 1, ante. 76 ISTEw YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 14 References to constitutional conventions. 1777. 1:538-540. 1821. 1:673; IV:600-602. '1846. 11:144-145; IV .-602-603. 1867. 11:249. 1894. IV:602-603. Debates of constitutional conventions 1821. 435-440 (Oct. 15). 1846. 555-558 (Aug. 10). 1867. 111:2164; IV:2635; V:3727-3728, 3776. 1894. 11:1169 (111:1263). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 338 (Int. 330). County courts 1 2 Judges; number, election, term 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Jurisdic- tion of county courts 19 20 21 22 23 24 25 26 27 28 29 30 31 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be four county judges. The number of county judges in any county may also be increased, from time to time, by the legislature, to such number that the total number of county judges in any one county shall not exceed one for every two hundred thousand, or major fraction thereof, of the population of such county. The additional county judges in the county of Kings shall be chosen at the general election held in the first odd-numbered year after the adoption of this amendment. The additional county judges whose offices may be created by the legislature shall be chosen at the general election held in the first odd-num- bered year after the creation of such office. All county judges, including successors to existing judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, eighteen TEXT IN FORCE APRIL 6, 1915, WITH NOTES 77 Article VI, 14 32 hundred and ninety-five. All the jurisdiction of the court Cm ** t sessions 33 of sessions in each county, except the county of New York, abolished 34 shall thereupon be vested in the county court thereof, and N *w York 35 all actions and proceedings then pending in such courts-of 36 sessions shall be transferred to the said county courts for 37 hearing and determination. Every county judge shall per- 38 form such duties as they may be required by law. His ^*y 39 salary shall be established by law, payable out of the county jjjjjj 8 ' and 40 treasury. A county judge of any county may hold county salar y 41 courts in any other county when requested by the judge of 42 such other county. 39 other counties Source Const. 1846, Art. VI, 14; amended, Judiciary Article, 1869, 40 Art. VI, 15; amended, Const. 1894, Art. VI, 14; amended in 1913. 41 See also Const. 1777, Art. XXIV, and Const, 1821, Art. V, 6. Lincoln's Constitutional History For historical sketch of the county court from 1691 to 1894, see 11:153-159. For court decisions construing this section, see IV : 613 615. References to constitutional conventions and commissions. 1777. 1:153-154. 1821. 1:673, 677. 1846. 11:142-143, 155-157. 1867.11:279-284,272-274. 1890.11:710-713,725. 1894. Ill: 360-361, 373. Debates of constitutional conventions 1846. Organization, 684-688 (Aug. 18), 691 (Aug. 19), 797-798 (Sept, 3), 803-807 (Sept, 4); jurisdiction, 697-698 (Aug. 19), 710-711 (Aug. 20), 741-746 (Aug. 24), 803-807 (Sept. 4). 1867. Jurisdiction, 11:272-274; IV :2592-2602, 2671-2676, 2697-2698; duties of judge, IV:2696-2697; term, 11:274; compensation, II: 274. 1894. Organization, 111:65-66 (111:1315-1316) ; jurisdiction, 11:1169- 1186 (111:1263-1272); compensation of judge, 111:24-31 (III: 1292-1295); V:3734, 3736-3737. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 41, 79, 126, 172, 180 (Int. 179), 269 (Int. 267), 422 (Int. 3S3). 42 In the legislature, 1895-1914: see Part II, post, pp. 143-155. 39 For suggestions relative to associate county judges, see Supplemental Notes following Article XV, post, under the title Judges. 40 See footnote no. 3, to Art. VI, $ 1, ante. 41 For legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 144-145. 42 This overture was adopted by the convention and accordingly became a part of the Constitution. 78 YOEK STATE CONSTITUTION ANNOTATED [Part Article VI, 15 Surrogates' courts Surrogates ; election, 3 term, pow- ers and 4 duties 5 6 7 8 County 9 Judge as surrogate 10 Separate 11 officer as surrogate 12 13 14 15 16 Age limit 17 18 19 Vacancies 20 21 Compensa- 22 tion 23 Powers of 24 surrogates may be con- 25 ferred on supreme 26 court in certain 27 countir ? /%*% 15. The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of New York, where they shall continue to be fourteen years. Surrogates and Surrogates' Courts shall have the jurisdiction and powers which the Surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The County Judge shall be Surrogate of his county, except where a separate Surrogate has been or shall be elected. In counties having a population exceeding forty thousand, wherein there is no separate Surrogate, the Legislature may provide for the election of a separate officer to be Surrogate, whose term of office shall be six years. When the Surrogate shall be elected as a separate officer his salary shall be estab- lished by law, payable out of the county treasury. No County Judge or Surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of County Judge or Surrogate shall be filled in the same manner as like vacancies occurring in the Supreme Court. The com- pensation of any County Judge or Surrogate shall not be increased or diminished during his term of office. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceed- ing four hundred thousand, the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases. 43 29 Source Const, 1846, Art. VI, 14; amended, Judiciary Article, 1S69, 44 Art. VI, 15; amended, Const. 1894, Art. VI, 15. See also Const. 1777, Art. XXIV, and Const, 1821, Art. V, 6. Lincoln's Constitutional History For historical sketch of surrogates' courts from 1692 to 1846, see II : 159-161. For court decisions construing this section, see IV :61 6-617. References to constitutional conventions and commissions. 1846. 11:159. 1890. 11:710-713, 725. 1894. 111:362, 373. 43 For provisions relating to probate courts and to registers of wills, see Supplemental Notes following Article XV, post, under the titles Courts and Wills, respectively. 4* See footnote no. 3, to Art. VI, 1, ante. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 79 Article VI, 17 Debates of constitutional conventions 1867. Jurisdiction, IV :2592-2609, 2633-2635, 2696-2697; vacancies, IV:2652-2654. 1894. Jurisdiction, II :1186-11S9 (111:1272-1273) ; term, 11:903 (III: 1114-1115). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constiutional Amendments, Overtures Nos. 5, 44, 65, 162, 171, 422 (Int. 383 ). 45 1 16. The Legislature may, on application of the board of special 2 supervisors, provide for the election of local officers, not to Sfan -,\ 3 exceed two in any county, to discharge the duties of County su 4 Judge and of Surrogate, in cases of their inability or of a 5 vacancy, and in such other cases as may be provided by law, 6 and to exercise such other powers in special cases as are 7 or may be provided by law. Source Const. 1846, 15; continued without change in Judiciary Article, 1869, 46 Art. VI, 16. Lincoln's Constitutional History For court decisions construing this section, see IV:617-618. References to constitutional conventions. 1846. 11:163. 1894. 111:369. Proceedings and debates of constitutional conventions 1867. IV:2609-2610, 2709-2710; V:3847-3848. 1894. 11:1189 (111:1273). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 162, 166, 269 (Int. 267). 1 17. The electors of the several towns shall, at their justices of 2 annual town meetings, or at such other time and in such ^ctfon, 065 3 manner as the Legislature may direct, elect Justices of the term> el 4 Peace, whose term of office shall be four years. In case of an 5 election to fill a vacancy occurring before the expiration of a 6 full term, they shall hold for the residue of the unexpired 7 term. Their number and classification may be regulated by 8 law. Justices of the Peace and judges or justices of inferior Removal of 9 courts not of record, and their clerks, may be removed for jUJ 45 This overture was adopted by the convention and accordingly became a part of the Constitution. * See footnote no. 3, to Art. VI, 1, ante. Inferior 1 officers and their clerka 80 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 18 10 cause, after due notice and an opportunity of being heard by 11 such courts as are or may be prescribed by law. Justices 12 of the Peace and District Court Justices may be elected in 13 the different cities of this State in such manner, and with 14 such powers, and for such terms, respectively, as are or shall 15 be prescribed by law; all other judicial officers in cities, 16 whose election or appointment is not otherwise provided for 17 in this article, shall be chosen by the electors of such cities, 18 or appointed by some local authorities thereof. Source Const. 1821, Art. IV, 7; amended in 1826 ; 47 amended, Const. 1846, Art. VI, 17; amended, Judiciary Article, 1S69, 48 Art. VI, 18; continued without change in Const. 1894, Art. VI, 17. See also Const. 1777, Art. XXIV. Lincoln's Constitutional History For court decisions construing this section, see IV: 619-622. See also, IV :48, 241, 598, 745, 762. References to constitutional conventions. 1777. Justices, removal, 1 :674. 1821. Justices, term, 1:672; how chosen, 111:616-617; special justices in New York city, 1:672-673. 1846. Justices' courts, organization, 11:161-162; justices, how chosen, 11:142, 163. 1867. Justices' courts, 11:285, 290. 1894. Justices' courts, 111:364, 374. Debates of constitutional conventions 1821. Justices, how chosen, 307-309 (Oct. 2), 321-356 (Oct. 3-5), 378-383 (Oct. 8-9). 1846. Justices' courts, jurisdiction, 815-819 (Sept. 7). 1867. Justices, how chosen, IV :2610-2611, 2626. 1894. Justices' courts, organization, 11:1189-1191 (111:1273-1274). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 62, 162, 210 (Int. 208), 227 (Int. 225), 269 (Int. 267), 363 (Int. 354). inferior 1 18. Inferior local courts of civil and criminal jurisdiction courts 2 may be established by the Legislature, but no inferior local 3 court hereafter created shall be a court of record. The Legis- 4 lature shall not hereafter confer upon any inferior or local 4" For text of the constitutional amendment of 1826, see Lincoln 's Con- stitutional History, I: 222-223. 48 See footnote no. 3, to Art. VI, 1, ante. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 81 Article VI, 19 5 court of its creation, any equity jurisdiction or any greater 6 jurisdiction in other respects than is conferred upon County 7 Courts by or under this article. Except as herein otherwise 8 provided, all judicial officers shall be elected or appointed at 9 such times and in such manner as the Legislature may direct. Source Const. 1846, Art. VI, 14; amended, Judiciary Article, 1869, 49 Art. VI, 19; amended, Const. 1894, Art. VI, 18. See also Const. 1777, Art. XXIV, and Const. 1821, Art. V, 6. Lincoln's Constitutional History For history of this section and court decisions construing it, see IV :623-630. References to constitutional conventions and commissions. 1821. 1:672-673. 1846. 11:142, 163. 1867. 11:284. 1872. II: 539-540. 1894. 111:364-366. Debates of constitutional conventions 1846. 800-801 (Sept. 3), 807-812 (Sept. 4), 819 (Sept. 8), 828 (Sept. 9). 1867. IV:2701-2704. 1894. 11:901-902 (111:1113); 11:1191-1194 (111:1274-1276). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 162, 238 (Int. 236), 422 (Int. 383 ). 50 1 19. Clerks of the several counties shall be clerks of the 2 Supreme Court, with such powers and duties as shall be 3 prescribed by law. The Justices of the Appellate Division in 4 each department shall have power to appoint and to remove 5 a clerk who shall keep his office at a place to be designated 6 by said Justices. The Clerk of the Court of Appeals shall 7 keep his office at the seat of ^government. The Clerk of the 8 Court of Appeals and the clerks of the Appellate Division 9 shall receive compensation to be established by law and 10 paid out of the public treasury. Source Const. 1821, Art. IV, 9; amended, Const. 1846, Art. VI, 19; amended, Judiciary Article, 1869, 51 Art. VI, 20; amended, Const.' 1894, Art. VI, 19. * So in original. 49 See footnote no. 3, to Art. VI, 1, ante. so This overture was adopted by the convention and accordingly became a part of the Constitution. 51 See footnote no. 3, to Art. VI, 1, ante. 82 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 20 Lincoln's Constitutional History For note on county clerk, see IV :721-722. References to constitutional conventions. 1846. 11:163. 1867. 11:285. Debates of constitutional conventions 1846. 821-822 (Sept. 8). 1894. 11:1194-1195 (111:1276); 111:23-24 (111:1291-1292). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383 ). 52 certain i 20. No judicial officer, except Justices of the Peace, shall officers not 2 receive to his own use any fees or perquisites of office; nor fee s rec< 3 shall any Judge of the Court of Appeals, or Justice of the what 4 Supreme Court, or any County Judge or Surrogate hereafter act as 5 elected in a county having a population exceeding one hun- oV TSerees 6 dred and twenty thousand, practice as an attorney or coun- 7 selor in any court of record in this State, or act as referee. 8 The Legislature may impose a similar prohibition upon what 9 County Judges and Surrogates in other counties, No one miTle 10 shall be eligible to the office of Judge of the Court of Ap- 11 peals, Justice of the Supreme Court, or, except in the county 12 of Hamilton, to the office of County Judge or Surrogate, who 13 is not an attorney and counselor of this State. 53 Source Const. 1846, Art. VI, 20; amended, Judiciary Article, 1SG9, 54 Art. VI, 21; amended, Const. 1894, Art. VI, 20. Lincoln's Constitutional History For court decisions construing this section, see IV:631-632. References to constitutional conventions and commissions. 1846. Fees prohibited, 11:163. 1867. Practice as attorney, 11:285. 1890. Practice as attorney, 11:716, 725. 1894. Practice as attorney and fees prohibited, III :369-372. Debates of constitutional conventions 1846. Fees prohibited, 823-825 (Sept. 8). 1867. Fees prohibited, IV :2626-2630. 1894. Fees prohibited, 11:1195-1200 (111:1276-1279); practice as attorney, II :1195-120<0 (111:1276-1279), 111:13-15 (111:1286- 1287) f judges, eligibility, 111:6-13 (111:1282-1286). 52 This overture was adopted by the convention and accordingly became a part of the Constitution. ss See Supplemental Notes following Article XV, post, under the title Attorneys. 54 See footnote no. 3, to Art. VI, 1, ante. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 83 Article VI, 22 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 66, 181 (Int. 180), 210 (Int. 208), 268 (Int. 266), 274 (Int. 272), 422 (Int. 3S3). 55 1 21. The Legislature shall provide for the speedy publica- publication of statutes 2 tion of all statutes, and shall regulate the reporting of the ;j. d la { u ^ e . 3 decisions of the courts ; but all laws and judicial decisions clsions 4 shall be free for publication by any person. 56 Source Const. 1846, Art. VI, 22; amended, Judiciary Article, 1S69, 57 Art. VI, 23 ; amended, Const. 1894, Art. VI, 21. Debates of constitutional conventions 1867. Statutes, 111:2099-2101; IV :2630-2632, 2789-2791. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383). 58 1 22. Justices of the Peace and other local judicial officers 2 provided for in sections seventeen and eighteen in office when 3 this article takes effect, shall hold their offices until the ex- abridged 4 piration of their respective terms. Source Const. 1894, Art. VI, 22. See also Judiciary Article, 1869, 59 Ari. VI, 25. Lincoln's Constitutional History For court decisions construing this section, see IV:633. Debates of constitutional conventions 1867. IV:2632. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 422 (Int. 383 ). 60 55 This overture was adopted by the convention and accordingly became a part of the Constitution. 56 For references to the codification of the law and to a council of law reporting, see Supplemental Notes following Article XV, post, under the titles Codification, and Courts, respectively. 57 See footnote no. 3, to Art. VI, $ 1, ante. 58 This overture was adopted by the convention and accordingly became a part of the Constitution. 59 See footnote no. 3, to Art. VI, 1, ante. 60 This overture was adopted by the convention and accordingly became a part of the Constitution. 84 YOEK STATE CONSTITUTION ANNOTATED [Part Article VI, 2o courts of 1 23. Courts of Special Sessions shall have such jurisdiction 2 of offenses of the grade of misdemeanors as may be prescribed 3 by law. Source Judiciary Article, 1869, 61 Art. VI, 26; continued without change in Const. 1894, Art. VI, 23. Lincoln's Constitutional History For court decisions construing this section, see IV: 633. References to constitutional conventions. 1867. 11:284. 1894. 111:372. Debates of constitutional conventions 1S94. 111:15-23 (111:1287-1291). State c.c \imited ARTICLE VII ! 1 Section 1. The credit of the State shall not in any manner 2 be given or loaned to or in aid of any individual, association 3 or corporation. 2 Source Const. 1846, Art. VII, Art. VII. 1. 9; continued without change in Const. 1894, Lincoln's Constitutional History For court decisions construing this section, see IV:634. References to constitutional conventions. 1846. 11:179-180. Debates of constitutional conventions 1846. 849-857, 864-868 (Sept. 12-14). 1867. 111:1840-1848, 1992-2018, 2341-2343; V:3327-3338, 3366- 3369, 3461-3482, 3764-3765. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 156, 199 (Int. 198), 254-437 (Int. 252). In the legislature, 1895-1914: see Part II, post, p. 161. state debts, 1 2. The State may, to meet casual deficits or failures in ?o7tract 2 revenues, or for expenses not provided for, contract debts; 3 but such debts, direct or contingent, singly or in the aggre- ci See footnote no. 3, to Art. VI, 1, ante. 1 For the subject of the salt springs, see Supplemental Notes following Art. XV, post, under that title. For various matters relating to taxation, see Supplemental Notes under that title. 2 But see Art. VIII, 9, post. I] TEXT IN FOBCE APRIL 6, 1915, WITH XOTES 85 Application of moneys Article VII, 3 4 gate, shall not at any time exceed one million of dollars ; and 5 the moneys arising from the loans creating such debts shall 6 be applied to the purpose for which they were obtained, or 7 to repay the debt so contracted, and to no other purpose 8 whatever. 3 Source Const. 1846, Art. VII, 10; continued without change in Const. 1894, Art. VII, 2. Lincoln's Constitutional History For historical statement of the conditions leading to the inclusion of this section into the Constitution, see II :73-91. References to constitutional conventions. 1846. 11:174-179. 1867. 11:357. Debates of constitutional conventions 1846. 857-877 (Sept. 14-15), 1083-1105; appendix (Sept. 11), 1105- 1123; Appendix (Sept. 16). 1867. 111:1848-1850; V:3746-3748. Texts of proposed amendments In the convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 20, 199 (Int. 198), 254-437 (Int. 252). In the legislature, 1895-1914: see Part II, post, pp. 161-162. 1 3. In addition to the above limited power to contract Debts for * state de- 2 debts, the State may contract debts to repel invasion, suppress fe:lse 3 insurrection, or defend the State in war ; but the money aris- 4 ing from the contracting of such debts shall be applied to the 5 purpose for which it was raised, or to repay such debts, and 6 to no other purpose whatever. Source Const. 1846, Art. VII, 11; continued without change in Const. 1894, Art. VII, 3. Lincoln's Constitutional History For comment on tlu's section, see IV:635. See also the notes to Art. VII, 2. Debates of constitutional conventions 1867. 111:1850-1852. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 199 (Int. 198), 254-437 (Int. 252). 3 For restriction as to state debt, see Supplemental Notes following Art. XV, post, under the title State Finance. 86 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 4 Limitation 1 of legisla- tlve power 2 to create debts 3 5 6 7 8 9 10 11 12 13 14 15 16 Submission to people of laws creating debts Manner of passage of such laws in legisla- ture Legisla- ture's + TJ power over debts after * Q approval by lo people .. n Tax irre- pealable 20 21 22 23 24 25 Use of loan 27 restricted 28 29 30 Restric- 31 tions on submission 32 to people 33 Bond 34 issue 35 36 37 38 Sinking 39 fund 40 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by law, for some single work or object, to be distinctly speci- fied therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people? " The legislature may at any time after the approval of such law by the people, if no debt shall have been contracted in pursu- ance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irrepeal- able, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the payment of such debt or liability, and for no other pur- pose whatever. 'No such law shall be submitted to be voted on within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against. The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment of the same as here- inbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was I] TEXT IN FORCE APRIL 6, 1915, WITH ^OTES 87 Article VII, 4 41 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 in?rea S ed ay 53 for the collection of a direct annual tax to pay and sufficient an 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, Art. VII, 4; amended in 1905 4 and in 1909. 4 Lincoln's Constitutional History For history of the conditions which led to the inclusion in the Con- stitution of this section, see IV:G37-639, 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, to- gether with court decisions construing these statutes and the section in general, see IV:637-657. References to constitutional conventions. 1846. 11:174-179. Debates of constitutional conventions 1846. 943-950 (Sept. 22-23). 1867. 111:1799-1804, 1852-1862, 1865-1881, 2244-2248; V:3752- 3756. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 199 (Int. 198), 254-437 (Int. 252), 277 (Int. 275). In the legislature, 1895-1914; see Part II, post, pp. 163-170. * 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. 88 J^EW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 5 sinking 1 5. The sinking funds provided for the payment of interest 2 and the extinguishment of the principal of the debts of the use re- 3 State shall be separately kept and safely invested, and neither 4 of them shall be appropriated or used in any manner other 5 than for the specific purpose for which it shall have been 6 provided. 5 Source Amendment of 1874, Art. VII, 13; continued without change in Const. 1894, Art. VII, 5. Lincoln's Constitutional History For the origin of this section in the constitutional commission of 1872, see 111:549. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 199 (Int. 198), 254-437 (Int. 252). b Legislature, canal board, nor any person iapse O f y 2 or persons acting in behalf of the State, shall audit, allow, time 3 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 dis- 10 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:65S-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. c 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. 7 For text of the constitutional amendment of 1874, see Lincoln's Con- stitutional History, I: 306-307. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 89 Article VII, 7 References to constitutional conventions and commissions. 1872. 11:550. Texts of proposed amendments In the convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 10, 199 (Int. 198), 252 (Int. 250). 1 7. The lands of the state, now owned or hereafter Forest preserve 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 cor- 5 poration, public or private, nor shall the timber thereon be 6 sold, removed or destroyed. But the legislature may by s r * n of landc 7 general laws provide for the use of not exceeding three per 8 centum of such lands for the construction and maintenance 9 of reservoirs for municipal water supply, for the canals of 10 the state and to regulate the flow of streams. Such reser- 11 voirs shall be constructed, owned and controlled by the state, 12 but such work shall not be undertaken until after the bound- 13 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 appor- 17 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 read just able 25 at the end of any term. Unsanitary conditions shall not be 26 created or continued by any such public works. A violation HOW 27 of any of the provisions of this section may be restrained 28 at the suit of the people or, with the consent of the supreme 29 court in appellate division, on notice to the attorney- 30 general at the suit of any citizen. Source Const. 1894, Art. VII, 7; amended in 1913. 8 tions re- strained s For the legislative history of the constitutional amendment of 1913, and the action of the people thereon, see Part II, post, pp. 170-171. 90 YOKK STATE CONSTITUTION ANNOTATED [Part Article VII, 8 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. 111:429-433. Debates of constitutional conventions 1894. 11:1201 (111:1279-1280); IV:124-163 (V:2045-2067) ; IV: 705-709 (V:2360-2362). Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 9-304-364 (Int. 9), 452 (Int. 393 ). 9 In the legislature, 1895-1914 : see Part II, post, pp. 170-1SO. Certain 1 canals not to be sold; 2 exception 3 4 5 6 7 8 9 Application 10 of funds derived 11 from sale or lease of 12 ranals 13 8. The Legislature shall not sell, lease or otherwise dis- pose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, . or the Black river canal; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the im- provement, superintendence or repair of the remaining por- tion of the canals. 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. For historical sketch of the development of the canal policy in this state, with special reference to legislation and to reports and gov- ernors' messages dealing with the canals, see 1:690-715, and II: 596-655. See also the references below to constitutional conven- tions and commissions. 8 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, 1:306, 322-323. I] TEXT ix FORCE APRIL 6, 1915, WITH XOTES 91 Article VII, 9 References to constitutional conventions and commissions. 1821. 1:715. 1846. 11:168, 172; 11:650. 1872. 11:541-549; 111:375-378. Debates of constitutional conventions 1846. 877-879 (Sept. 15-16), 960-961 (Sept. 24), 1049-1050 (Oct. 3). 1867. 111:1830-1840. 1894. IV:317-318 (V:2143-2144) ; IV:924-942 (V:24S9-2500). Texts of proposed amendments In the convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 67, SO, 125, 200 (Int. 199), 276 (Int. 274), 431 (Int. 387). " In the legislature, 1895-1914, see Part II, post, pp. 181-189.. 1 9. No tolls shall hereafter be imposed on persons or Canal toll prohibited 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 Legislature provision for the expenses of the superintendence and repairs J r p ^ enaence 8 of the canals. All contracts for work or materials on any ndrepalr 9 canal shall be made with the persons who shall offer to do or of canals 10 provide the same at the lowest price, with adequate security contracts 11 for their performance. No extra compensation shall be made 12 to any contractor ; but if, from any *unf orseen cause, the 13 terms of any contract shall prove to be unjust and oppressive, 14 the canal board may, upon the application of the contractor, 15 cancel such contract. Source Const. 1846, Art. VII, 3; amended in 1854, 12 in 1S74, 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, 1:319-321, 305-306, and 321-322, respectively. 92 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VII, 10 For history of the movement leading up to the constitutional amend- ment of 1854, and for comment on the amendment itself, see II: 218-224. References to constitutional conventions and commissions. 1867. 11:357-358. 1872. 11:540-541. 1894. 111:377, 380-382. Debates of constitutional conventions 1867. 11:1530-1531; 111:2019-2035. 1894. IV:303-308 (V:2134-2137) ; IV:320-321 (V:2145); IV:947 (V:2502). Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 247 (Int. 245), 254-437 (Int. 252), 13 430 (Int. 386). In the legislature, 1895-1914: see Part II, post, pp. 189-190. Canal im- provement 1 10. The canals may be improved in such manner as the 2 Legislature shall provide by law. A debt may be authorized 3 for that purpose in the mode prescribed by section four of 4 this article, or the cost of such improvement may be defrayed 5 by the appropriation of funds from the state treasury, or by 6 equitable annual tax. Source Const. 1894, Art. VII, 10. Lincoln's Constitutional History For history of the incorporation into the Constitution of this section, and in general of the subject of canal construction and improve- ment, including references to the $9,000,000 act (Laws 1895, ch. 79), and the $101,000,000 act (Laws 1903, ch. 147), passed pur- suant to this section, see 111:382-390. Debates of constitutional conventions 1894. IV:227-349 (V:2101-2160) ; IV:943-969 (V:2500-2515). Texts of proposed amendments In the legislature, 1895-1914 : see Part II, post, pp.- 190-191. Payment of state debts Sinking funds 1 11. The legislature may appropriate out of any funds 2 in the treasury, moneys to pay the accruing interest and 3 principal of any debt heretofore or hereafter created, or 4 any part thereof and may set apart in each fiscal year, 5 moneys in the state treasury as a sinking fund to pay the 6 interest as it falls due and to pay and discharge the principal 7 of any debt heretofore or hereafter created under section is This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 93 Article VII, 12 8 four of article seven of the constitution until the same shall 9 be wholly paid, and the principal and income of such sink- 10 ing fund shall be applied to the purpose for which said 11 sinking fund is created and to no other purpose whatever; ~ 12 and, in the event such moneys so set apart in any fiscal year 13 be sufficient to provide such sinking fund, a direct annual 14 tax for such year need not be imposed and collected, as 15 required by the provisions of said section four of article 16 seven, or of any law enacted in pursuance thereof. Source Amendment of 1905. 14 Texts of proposed amendments In the legislature: see Part II, post, pp. 191-192. 1 12. A debt or debts of the state may be authorized by ^ r t ov e f - 2 law for the improvement of highways. Such highways shall highways 3 be determined under general laws, which shall also provide 4 for the equitable apportionment thereof among the counties. 5 The aggregate of the debts authorized by this section shall Limitation 6 not at any one time exceed the sum of fifty millions of dollars. 7 The payment of the annual interest on such debt and the payment 8 creation of a sinking fund of at least two per centum per 9 annum to discharge the principal at maturity shall be pro- 10 vided by general laws whose force and effect shall not be 11 diminished during the existence of any debt created there- 12 under. The legislature may by general laws require the county and 13 county or town or both to pay to the sinking fund the pro- of cost 14 portionate part of the cost of any such highway within the 15 boundaries of such county or town and the proportionate 16 part of the interest thereon, but no county shall at any time 17 for any highway be required to pay more than thirty-five 18 hundredths of the cost of such highway, and no town more 19 than fifteen hundredths. None of the provisions of the fourth 20 section of this article shall apply to debts for the improve- 21 ment of highways hereby authorized. Source Amendment of 1905. 15 Texts of proposed amendments In the legislature: see Part II, post, pp. 192-196. i*For the legislative history of the amendment of 1905, and the action of the people thereon, see Part II, post, p. 191. is For the legislative history of the amendment of 1905, and the action of the people thereon, see Part II, post, pp. 192-193. D4 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 1 ARTICLE VIII 1 corpora- i Section 1. Corporations may be formed under general laws; tions, how r * formed 2 but shall not be created by special act, except for municipal 3 purposes, and in cases where, in the judgment of the Legis- 4 lature, the objects of the corporation cannot be attained under 5 general laws. All general laws and special acts passed pursu- 6 ant to this section may be altered from time to time or 7 repealed. Source Const. 1846, Art. VIII, 1. See also Const. 1821, Art. VII, 9. Lincoln's Constitutional History For historical sketch of corporations in this state from 1783 to 1846, and a classified list by subjects of the more important legislative charters granted during this period, see 11:59-64. For court decisions construing this section, see IV:671-674. References to constitutional conventions. 1846. 11:59-64, 184-195. 1867. 11:370-374. Debates of constitutional conventions 1846. 221-223 (July 2), 961-974, 984 (Sept. 24-26). 1867. 11:1014-1024, 1078-1079; IV :3181-3182. Texts of proposed amendments In the constitutional convention of 1S94 : see Proposed Constitutional Amendments, Overtures Nos. 46, 50, 105, 169, 256 (Int. 254), 302 (Int. 298), 321 (Int. 313), 324 (Int. 316), 325 (Int. 317), 357 (Int. 348), 408 (Int. 377). Dues from i 2. Dues from corporations shall be secured by such in- ns 2 dividual liability of the corporators and other means as may 3 be prescribed by law. Source Const. 1846, Art. VIII, 2. Lincoln's Constitutional History For court decisions construing this section, see IV:674-675. See notes to 1 of this Article. References to constitutional conventions. 1846. 11:193. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 84, 85, 105, 322 (Int. 314). i For references to certain subjects coming within the general scope of Article VIII but not relating specifically to any particular section thereof, see Supplemental Notes following Article XV, post, under the titles Corpo- rations, and Eailroads. I] TEXT IN FOECE APRIL 6, 1915, WITH XOTES 95 Article VIII, 4 1 3. The term corporations as used in this article shall be uonTtVrm 2 construed to include all associations and joint-stock companies de 3 having any of the powers or privileges of corporations not 4 possessed by individuals or partnerships. And all corporations -^"aSliSt 5 shall have the right to sue and shall be subject to be sued corpori 6 in all courts in like cases as natural persons. Source Const, 1846, Art. VIII, 3. Lincoln's Constitutional History For court decisions construing this section see IV:675-676. See notes to 1 of this Article. Eeferences to constitutional conventions. 1846. II :189, 191, 194. Debates of constitutional conventions 1846. 9S2 (Sept. 26), 1021-1022 (Sept. 30). 1867. 11:1080. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments; Overtures Nos. 105, 112. 1 4. The Legislature shall, by general lav/, conform all f^ ss 2 charters of savings banks, or institutions for savings, to a ch 3 uniformity of powers, rights and liabilities, and all charters 4 hereafter granted for such corporations shall be made to 5 conform to such general law, and to such amendments as 6 may be made thereto. And no such corporation shall have upon 7 any capital stock, nor shall the trustees thereof, or any of 8 them, have any interest whatever, direct or indirect, in the 9 profits of such corporation ; and no director or trustee of any 10 such bank or institution shall be interested in any loan or 11 use of any money or property of such bank or institution 12 for savings. The Legislature shall have no power to pass special 13 any act granting any special charter for banking purposes ; p 14 but corporations or associations may be formed for such 15 purposes under general laws. Source Const. 1846, Art. VIII, 4; amended in 1874. Lincoln's Constitutional History For court decisions construing this section see IV :677. For historical sketch of the development of the banking and cur- rency system in this colony and state down to 1846, with detailed reference to the financial legislation and to governors' messages on that subject during that period, see II :27-45. 96 !N"Ew YOIIK STATE CONSTITUTION ANNOTATED [Part Article VIII, 5 References to constitutional conventions and commissions. 1821. 11:33. 1846. 11:195-198. 1872. 11:551-552. Debates of constitutional conventions 1846. 989-995 (Sept. 28). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 105, 189 (Int. 188), 221 (Int. 219). specie pay- i s 5. The Legislature shall have no power to pass any law ments not .,.,,,, to be sus- 2 sanctioning in any manner, directly or indirectly, the suspen- pended . ,. 3 sion of specie payments, by any person, association or corpora- 4 tion, issuing bank notes of any description, Source Const. 1846, Art. VIII, 5. Lincoln's Constitutional History See notes under 4 of this article. "Oebates of constitutional conventions 1846. 989-996 (Sept. 28). 1867. 11:1080-1085. ffexts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 105. Bms or i 6. The Legislature shall provide by law for the registry registry, 2 of all bills or notes, issued or put in circulation as money, security 3 and shall require ample security for the redemption of the 4 same in specie. Source Const. 1846, Art. VIII, 6. Lincoln's Constitutional History For historical comment upon the reason for putting this provision into the Constitution, and the judicial construction of the same, see IV:678. See also the notes to 4 of this Article. Debates of constitutional conventions 1846. 996-997, 1000-1005 (Sept. 28-29), 1073 (Oct. 8). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 105, 209-433 (Int. 207). of bank stock- holders 1 7. The stock holders of every corporation and joint stock 2 association for banking purposes, shall be individually re- 3 sponsible to the amount of their respective share or shares of I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 97 Article VIII, 9 4 stock in any such corporation or association, for all its debts 5 and liabilities of every kind. Source Const. 1846, Art. VIII, 7; amended, Const. 1894, Art. VIII, S 7. Lincoln's Constitutional History For court decisions construing this section, see IV:679-680. References to constitutional conventions. 1846. 11:195-198. 1867. 111:371-372. 1894. 111:455-458. Debates of constitutional conventions 1846. 226-227 (July 7), 989-990, 997-998 (Sept. 28), 1073 (Oct. 8). 1867. 11:1089-1090. 1894. IV:903-922 (V:2476-2487), IV:1108-1110 (VI:2598-2599). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 69-434 (Int. 69 ), 2 105, 136. 1 8. In case of the insolvency of any bank or banking asso- &T 2 ciation, the billholders thereof shall be entitled to preference j* ^ 3 in payment, over all other creditors of such bank or asso- solvency 4 ciation. Source Const. 1846, Art. VIII, 8. Lincoln's Constitutional History See IV:680. Debates of constitutional conventions 1867. 11:1085. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 105. 1 9. Neither the credit nor the money of the State shall be NO state ^ 2 given or loaned to or in aid of any association, corporation or J^ 8 ^ 3 private undertaking. This section shall not, however, prevent ^ g d g ertak - 4 the Legislature from making such provision for the education Exception 5 and support of the blind, the deaf and dumb, and juvenile 6 delinquents, as to it may seem proper. Nor shall it apply 7 to any fund or property now held, or which may hereafter be 8 held, by the State for educational purposes. for educa- SOUrce tional pur- Const. 1846, Art. VII, 9; amended in 1874, Art. VIII, 10; con- pos< tinued without change in Const. 1894, Art. VIII, 9. See also Const. 1894, Art. VII, 1. 2 This overture was adopted by the convention and accordingly became a part of the Constitution. 4 98 YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 Lincoln's Constitutional History For court decisions construing this section, see IV:681-6S3. For history of state aid to private enterprises in this state down to 1846, with special reference to the legislation and to governors' messages on this subject, see II :91-101. References to constitutional conventions and commissions. 1846. 11:179-182. 1872. 11:552-557. Debates of constitutional conventions 1867. 111:1840-1848, 2250-2259; V:3327-3330, 3366-3369, 3461- 3482, 3764-3765. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 156, 298 (Int. 294). In the legislature, 1895-1914: see Part II, post, p. 198. Counties, cities and towns not to give or loan money or credit; limitation of indebted- ness 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ' . 25 26 10. No county, city, town or village shall hereafter give any money cr property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 99 Article VIII, 10 27 contained, or to be contained in the taxes for the year when 28 such certificates or revenue bonds are issued and payable 29 out of such taxes; nor to prevent the city of New York 30 from issuing bonds to be redeemed out of the tax levy for 31 the year next succeeding the year of their issue, provided 32 that the amount of such bonds which may be issued in any 33 one year in excess of the limitations herein contained shall 34 not exceed one-tenth of one per centum of the assessed 35 valuation of the real estate of said city subject to taxation. 36 Nor shall this section be construed to prevent the issue of 37 bonds to provide for the supply of water; but the term of 38 the bonds issued to provide the supply of water, in excess 39 of the limitation of indebtedness fixed herein, shall not ex- 40 ceed twenty years, and a sinking fund shall be created on 41 the issuing of the said bonds for their redemption, by raising 42 annually a sum which will produce an amount equal to the 43 sum of the principal and interest of said bonds at their 44 maturity. All certificates of indebtedness or revenue bonds 45 issued in anticipation of the collection of taxes, which are 46 not retired within five years after their date of issue, and 47 bonds issued to provide for the supply of water, and any 48 debt hereafter incurred by any portion or part of a city if 49 there shall be any such debt, shall be included in ascertain- 50 ing the power of the city to become otherwise indebted; 51 except that debts incurred by the city of New York after 52 the first day of January, nineteen hundred and four, and 53 debts incurred by any city of the second class after the first 54 day of January, nineteen hundred and eight, and debts 55 incurred by any city of the third class after the first day 56 of January, nineteen hundred and ten, to provide for the 57 supply of water, shall not be so included ; and except further 58 that any debt hereafter incurred by the city of New York 59 for a public improvement owned or to be owned by the city, 60 which yields to the city current net revenue, after making 61 any necessary allowance for repairs and maintenance for 62 which the city is liable, in excess of the interest on said 63 debt and of the annual instalments necessary for its amorti- 64 zation may be excluded in ascertaining the power of said 100 K"EW YOEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 65 city to become otherwise indebted, provided that a sinking 66 fund for its amortization shall have been established and 67 maintained and that the indebtedness shall not be so ex- 68 eluded during any period of time when the revenue afore- 69 said shall not be sufficient to equal the said interest and 70 amortization instalments, and except further that any in- 71 debtedness heretofore incurred by the city of New York for 72 any rapid transit or dock investment may be so excluded 73 proportionately to the extent to which the current net 74 revenue received by said city therefrom shall meet the 75 interest and amortization instalments thereof, provided that 76 any increase in the debt incurring power of the city of New 77 York which shall result from the exclusion of debts hereto- 78 fore incurred shall be available only for the acquisition or 79 construction of properties to be used for rapid transit or 80 dock purposes. The legislature shall prescribe the method 81 by which and the terms and conditions under which the 82 amount of any debt to be so excluded shall be determined, 83 and no such debt shall be excluded except in accordance 84 with the determination so prescribed. The legislature may 85 in its discretion confer appropriate jurisdiction on the ap- 86 pellate division of the supreme court in the first judicial 87 department for the purpose of determining the amount of 88 any debt to be so excluded. No indebtedness of a city valid 89 at the time of its inception shall thereafter become invalid 90 by reason of the operation of any of the provisions of this 91 section. Whenever the boundaries of any city are the same 92 as those of a county, or when any city shall include within 93 its boundaries more than one county, the power of any 94 county wholly included within such city to become indebted 95 shall cease, but the debt of the county, heretofore existing, 96 shall not, for the purposes of this section, be reckoned as 97 a part of the city debt. The amount hereafter to be raised 98 by tax for county or city purposes, in any county containing 99 a city of over one hundred thousand inhabitants, or any 100 such city of this state, in addition to providing for the 101 principal and interest of existing debt, shall not in the 102 aggregate exceed in any one year two per centum of the 103 assessed valuation of the real and personal estate of such I] TEXT ix FORCE APRIL 6, {91.%. WITH- :\OHI->. 101 Article VIII, 11 104 county or city, to be ascertained as prescribed in this section 105 in respect to county or city debt. Source Amendments of 1874, 3 Art. VIII, 11; amended in 1884 ; 3 amended, Const. 1894, Art. VIII, 10; amended in 1S99, 4 1905, 4 1907, 4 and 1909. 4 Lincoln's Constitutional History For court decisions construing this section generally, and also with special reference to the limitation of indebtedness, to what con- stitutes a gratuity and what a county, city, town or village pur- pose, see IV:686-699. References to constitutional conventions and commissions. 1867. 11:358. 1872. 11:557-561. 1894. 111:454-455, 458-459; IV:685-686. Debates of constitutional conventions 1867. 11:1137-1170; 111:1723-1726; V:3606-3607, 3663-3665. 1894. IV:980-1005. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 148-438 (Int. 148), 168, 237 (Int. 235), 298 (Int. 294), 464 (Int. 394). 5 In the legislature, 1895-1914 : see Part II, post, pp. 200-232. 11. The Legislature shall provide for a state board of ^ 2 charities, which shall visit and inspect all institutions, 3 whether state, county, municipal, incorporated or not incor- 4 porated, which are of a charitable, eleemosynary, correctional 5 or reformatory character, excepting only such institutions 6 as are hereby made subject to the visitation and inspection 7 of either of the commissions, hereinafter mentioned, but in- 8 eluding all reformatories except those in which adult males 9 convicted of felony shall be confined ; a state commission in state com- 10 lunacy, which shall visit and inspect all institutions, either SnaT 11 public or private, used for the care and treatment of the 12 insane (not including institutions for epileptics or idiots) ; 13 a state commission of prisons which shall visit and inspect st f te . com - mission of prisons 3 For texts of the amendments of 1874 and 1884, see Lincoln's Constitu- tional History, 1:308, 323-324, respectively. * For the legislative history of the amendments of 1899, 1905, 1907, and 1909 and the action of the people thereon, see Part II, post, pp. 200-207. s This overture was adopted by the convention and accordingly became a part of the Constitution. 102 ^JSTew YCEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 12 14 all institutions used for the detention of sane adults charged 15 with or convicted of crime, or detained as witnesses or 16 debtors. 6 Source Const. 1894, Art. VIII, 11. See also Const. 1846, Art. V, 4. Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV :700-702. References to constitutional conventions. 1867. 11:390-396. 1894. 111:459-474. Debates of constitutional conventions 1867. 1:89-91; 11:1309-1312; IV :2711-2753. 1894. IV:740-772 (V:2380-2400) ; IV:777-814 (V:2403-2425) ; IV: 883-887 (V:2465-2467). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 261 (Int. 259), 446-460 (Int. 392 ). 7 Appoint- i R 12. The members of the said board and of the said com- ment and removal of 2 missions shall be appointed by the Governor, by and with the sioners 3 advice and consent of the Senate; and any member may be 4 removed from office by the Governor for cause, an opportunity 5 having been given him to be heard in his defense. 8 Source Const. 1894, Art. VIII, 12. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 446-460 (Int. 392 ). 9 In the legislature, 1895-1914 : see Part II, post, p. 232. certain 1 s 13. Existing laws relating to institutions referred to in state insti- tutions; ex- 2 the foregoing sections and to their supervision and inspection, continue^ 8 3 in so far as such laws are not inconsistent with the provisions e For references to various matters relating to the subject-matter of this section, see Supplemental Notes following Article XV, post, under the titles Charities, and State officers. ^ This overture was adopted by the convention and accordingly became a part of the Constitution. 8 For grouping of various matters relating to the appointment and removal of state officers, see Supplemental Notes following Article XV, post, under the titles Appointment, power of, and Eemoval, power of. 9 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 103 Article VIII, 14 4 of the Constitution, shall remain in force until amended or 5 repealed by the Legislature. The visitation and inspection visitation 6 herein provided for, shall not be exclusive of other visitation tion 7 and inspection now authorized by law. Source Const. 1894, Art. VIII, 13. Text of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 446-460 (Int. 392 ). 10 In the legislature, 1895-1914: see Part II, post, p. 233. 1 14. Nothing in this Constitution contained shall prevent Defectives 2 the Legislature from making such provision for the education llLts-, n 3 and support of the blind, the deaf and dumb, and juvenile ?ii edu- . _ .. . cation and 4 delinquents, as to it may seem proper ; or prevent any county, support 5 city, town or village from providing for the care, support, 6 maintenance and secular education, of inmates of orphan 7 asylums, homes for dependent children or correctional in- 8 stitutions, whether under public or private control. Pay- 9 ments by counties, cities, towns and villages to charitable, 10 eleemosynary, correctional and reformatory institutions, 11 wholly or partly under private control, for care, support and 12 maintenance, may be authorized, but shall not be required by 13 the Legislature. No such payments shall be made for any 14 inmate of such institutions who is not received and retained 15 therein pursuant to rules established by the state board of 16 charities. Such rules shall be subject to the control of the control by 17 Legislature by general laws. 11 Source Const. 1894, Art. VIII, 14. Lincoln's Constitutional History For court decisions construing this section, see IV:703-705. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 446^60 (Int. 392 ). 12 10 This overture was adopted by the convention and accordingly became a part of the Constitution. 11 See notes to Art. VIII, 9, ante, and to Art. IX, 4, post. 12 This overture was adopted by the convention and accordingly became a part of the Constitution. 104 YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 15 Commis- sioners of charities and of lunacy continued in office; additional powers 1 15. Commissioners of the state board of charities and com- 2 missioners of the state commission in lunacy, now holding 3 office, shall be continued in office for the term for which they 4 were appointed, respectively, unless the Legislature shall 5 otherwise provide. The Legislature may confer upon the 6 commissions and upon the board mentioned in the foregoing 7 sections any additional powers that are not inconsistent with 8 other provisions of the Constitution. Source Const. 1894, Art. VIII, 15. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 446-460 (Int. 392 ). 13 ARTICLE IX Free com- ^ mon schools 1 Section 1. The Legislature shall provide for the maintenance 2 and support of a system of free common schools, wherein all 3 the children of this State may be educated. 2 Source Const. 1894, Art. IX, 1. Lincoln's Constitutional History For historical sketch of the statutory and constitutional development of education in this colony and state, together with various com- ments on educational matters in general, see 111:475-580. For court decisions on educational matters, see IV:706-709. References to constitutional conventions and commissions. 1846. 11:204-207. 1867. 11:362, 369, 370, 405. 1872. 11:561 562. 1894. 111:554-557; IV:706. Debates of constitutional conventions 1846. 1022-1026 (Oct. 1), 1075-1076 (Oct. 8). 1867. 11:1563-1564; IV:2908-2924; V:3809-3811, 3813-3814. 1894. 111:689-696 (IV:1661-1665) ; IV:857-882 (V:2450-2464). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 310 (Int. 304), 439 (Int. 388 ). 3 13 This overture was adopted by the convention and accordingly became a part of the Constitution. 1 For references to educational matters not coming within the scope of any particular section of this Article, see Supplemental Notes following Article XV, post, under the following titles: Cornell University; State medical board. See also the provision in Article VIII, 9, for the educa- tion and support of the blind, the deaf and dumb, and juvenile delinquents. 2 For subject of compulsory education, see Supplemental Notes following Article XV, post, under the title Education. 3 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH XOTES 105 Article IX,, 3 1 2. The corporation created in the year one thousand seven 2 hundred and eighty-four, under the name of The Regents of New York 3 the University of the State of New York, is hereby continued 4 under the name of The University of the State of New York. 5 It shall be governed and its corporate powers, which may be 6 increased, modified or diminished by the Legislature, shall be 7 exercised, by not less than nine regents. Source Const. 1894, Art. IX, 2. Lincoln's Constitutional History For historical statement of the causes and the movement which led to the unification act of 1904 (Chapter 40), see IV:709-71S. 4 For statistical comment on the growth and development of university supervision, see 111:548-550. References to constitutional conventions. 1867. 11:362, 368-369. 1894. 111:552-553, 557-560. Debates of constitutional conventions 1867. IV :2841-2897, 2902-2908. 1894. 111:696-738 (IV:1665-1691) ; IV:857-882 (V:2450-2464). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 246 (Int. 244), 310 (Int. 304), 439 (Int. 388). 5 1 3. The capital of the common school fund, the capital of Educational funds 2 the literature fund, and the capital of the United States deposit 3 fund, shall be respectively preserved inviolate. The revenue of 4 the said common school fund shall be applied to the support of 5 common schools ; the revenue of the said literature fund shall 6 be applied to the support of academies ; and the sum of twenty 7 five thousand dollars of the revenues of the United States de- 8 posit fund shall each year be appropriated to and made part of 9 the capital of the said common school fund. Source Const. 1846, Art. IX, 1; continued without change in Const. 1894, Art. IX, 3. See also Const. 1821, Art. VII, 10. * For references to former superintendent of public instruction, see Sup- plemental Notes following Article XV, post, under the title State officers. 5 This overture was adopted by the convention and accordingly became a part of the Constitution. 106 ^"EW YORK STATE CONSTITUTION ANNOTATED [Part Article IX, 4 Lincoln's Constitutional History For history of funds, see III :509-524. For court decisions construing this section, see IV :719. References to constitutional conventions. 1846. 11:204-207. 1867. 11:361. 1894. 111:560. Debates of constitutional conventions 1846. 1074-1075 (Oct. 8). 1867. IV:2814-2841, 2897-2902, 2924-2925; V:3795-380S. 1894. 111:738-739 (IV:1691-1692) ; IV:857-882 (V:2450-2464). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 310 (Int. 304), 326 (Int. 318), 439 (Int. 388). In the legislature, 1895-1914: see Part II, post, p. 233. *" * * Neither the State nor any subdivision thereof, shall use to h ?eJeive 0t ^ * ts P r P ertv or credit or any public money, or authorize or etate aid 3 permit either to be used, directly or indirectly, in aid or main- 4 tenance, other than for examination or inspection, of any 5 school or institution of learning wholly or in part under the 6 control or direction of any religious denomination, or in which 7 any denominational tenet or doctrine is taught. Source Const. 1894, Art. IX, 4. Lincoln's Constitutional History For historical sketch relating to sectarian appropriations, see III : 553-554, 560-579. For court decisions construing this section, see IV:719-720. References to constitutional conventions and commissions. 1872. 11:475. 1894. 111:561-562, 575-579. Debates of constitutional conventions 1867. IV :2712-2715. 1894.111:739-762 (IV:1692-1704) ; 111:766-806 (IV:1707-1728) ; 111:955-986 (IV:1813-1830) ; IV:857-882 (V:2450-2464). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 2, 198 (Int. 197), 253 (Int. 251), 270 (Int. 268), 272 (Int. 270), 348 (Int. 339), 439 (Int. 388). 6 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 107 Article X, 1 ARTICLE X 1 Section 1. Sheriffs, clerks of counties, district attorneys, and county 8 ' 2 registers in counties having registers, shall be chosen by the 3 electors of the respective counties, once in every three years 4 and as often as vacancies shall happen, except in the counties m!etc. 5 of New York and Kings, and in counties whose boundaries 6 are the same as those of a city, where such officers shall be 7 chosen by the electors once in every two or four years as the 8 Legislature shall direct. Sheriffs shall hold no other office, 9 and be ineligible for the next term after the termination of 10 their offices. They may be required by law to renew their 11 security, from time to time; and in default of giving such 12 new security, their offices shall be deemed vacant. But the 13 county shall never be made responsible for the acts of the 14 sheriff. The Governor may remove any officer, in this section Removal by 15 mentioned, within the term for which he shall have been 16 elected; giving to such officer a copy of the charges against 17 him, and an opportunity of being heard in his defense. 1 Source Const. 1821, Art. IV, 8; amended, Const. 1846, Art. X, 1; amended, Const. 1894, Art. X, 1. See also Const. 1777, Articles XXVI and XXVIII. Lincoln's Constitutional History For history of this section and its judicial construction, with special reference to the governor's power of removal, see IV:721-733. References to constitutional conventions. 1777. Sheriffs, terms, 1 :536. 1821. County officers, election, 1:671; terms, 1:673; removal, 1:674. District attorney, selection, 1:672; removal, 1:674. 1846. County officers, selection, terms, removal, 11:208-209. County's liability for sheriff's acts, 11:208. 1894. Abolition of office of coroner as a constitutional office, and changing terms, 111:580-581. Debates of constitutional conventions 1821. Sheriff, selection and removal, 384-392 (Oct. 9-10). 1846. County officers, selection and removal, 1006-1009 (Sept. 29). 1 For references to various matters relating to the subject-matter of this section, see Supplemental Notes following Article XV, post, under the titles Appointment, power of, Removal, power of, and County officers. 108 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article X, 2 1867. County officers, removal, 11:903-923. County's liability for sheriff's acts, V :3653. District attorney, appointment by governor, 1:757; by court, 11:1001-1004. Registers, exception in Kings county, 11:999-1001. Sheriffs, removal, 1:322-324; term, 11:923- 927, 1004-1005; security to be given, 11:923-927. 1894. Abolition of coroner and changing official terms, 1:837-854; IV :384-393, 1139-1156. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, .Overtures Nos. 6-339 (Int. 6), 2 38, 56, 89, 285 (Int. 283), 337 (Int. 329), 337-428 (Int. 329), 358 (Int. 349). In the legislature, 1895-1914: see Part II, post, pp. 234-235. r * 2. All county officers, whose election or appointment is ^ not provided for by this Constitution, shall be elected by the iTrov?de n d 0t for ^ electors of the respective counties or appointed by the boards tution nstl " ^ ^ supervisors, or other county authorities, as the Legislature 5 shall direct. All city, town and village officers, whose election 6 or appointment is not provided for by this Constitution, shall 7 be elected by the electors of such cities, towns and villages, 8 or of some division thereof, or appointed by such authorities 9 thereof, as the Legislature shall designate for that purpose. 10 All other officers, whose election or appointment is not pro- 11 vided for by this Constitution, and all officers, whose offices 12 may hereafter be created by law, shall be elected by the 13 people, or appointed, as the Legislature may direct. Source Const. 1821, Art. IV, 15; amended, Const. 1846, Art. X, 2. See also Const. 1777, Articles XXIII and XXIX; amendment of 1826 4 relating to justices of the peace; amendment of 1833 4 relating to mayors. Lincoln's Constitutional History For the judicial construction of this section with special reference to the validity of statutes creating offices and distributing the power of appointment, see IV:734-757. For detailed historical discussion of the subject of home rule and its development in this colony and state, see 111:607-652. References to constitutional conventions. 1777. 1:536. 1846. 11:208-209. ~ This overture was adopted by the convention and accordingly became a part of the Constitution. 3 For references to various matters relating to the subject-matter of this section, see Supplemental Notes following Article XV, post, under the titles County officers, and Mayor. 4 For the text of the constitutional amendments of 1826 and 1833, see Lincoln's Constitutional History, 1:222, 223. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 109 Article X, 5 Debates of constitutional conventions 1846. 1011-1012 (Sept. 30). 1867. 11:927-930, 1005-1007. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 223 (Int. 221), 305 (Int. 299). In the legislature, 1895-1914 : see Part II, post, p. 236. 1 3. When the duration of any office is not provided by this JJKr 01 2 Constitution, it may be declared by law, and if not so declared, 3 such office shall be held during the pleasure of the authority 4 making the appointment. Source Const. 1777, Art. XXVIII; amended, Const. 1821, Art. IV, 16; amended, Const. 1846, Art. X, 3. Lincoln's Constitutional History For history of this section and court decisions construing it, see IV: 757-760. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 61. In the legislature, 1895-1914 : see Part II, post, p. 236. 1 4. The time of electing all officers named in this article Tlrae of elections; 2 shall be prescribed by law. ^ Source Const. 1821, Art. I, 15, Art. IV, 15 ; amended, Const. 1846, Art. X, 4. See also Const. 1777, Art. XXIX. In relation to mayors see Const. 1777, Art. XXIII; Const. 1821, Art. IV, 10; amend- ments of 1833 5 and 1839 ; 5 Const. 1894, Art. XII, 3. Texts of proposed amendments In the legislature, 1895-1914: see Part II, post, p. 237. 1 5. The Legislature shall provide for filling vacancies in vacancies 2 office, and in case of elective officers, no person appointed to 3 fill a vacancy shall hold his office by virtue of such appoint- 4 ment longer than the commencement of the political year next 5 succeeding the first annual election after the happening of the 6 vacancy. Source Const. 1846, Art. X, 5. 5 For text of the constitutional amendments of 1833 and 1839, see Lincoln's Constitutional History, 1:223, 224. 110 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article X, 6 Lincoln's Constitutional History For court decisions construing this section, see IV: 761-763. Debates of constitutional conventions 1867. 11:1363-1365. - 1 6. The political year and legislative term shall begin on lative term g t k e fi^ fay. O f j anuai y ; an d the Legislature shall, every year, 3 assemble on the first Wednesday in January. Source Const. 1821, Art. I, 14; continued without change in Const. 1846, Art. X, 6; amended, Const. 1894, Art. X, 6. Lincoln's Constitutional History For judicial construction of this section, see IV:764. References to constitutional conventions. 1821. Political year, 1:640. 1867. Sessions, 11:324-325. 1894. Day of assembling, 111:581. Debates of constitutional conventions 1821. Political year, 121-122 (Sept. 10). 1846. Sessions, 431-^36 (July 2). 1867. Sessions, 11:1289-1293. 1894. Day of assem- bling, II :688-689. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 444 (Int. 385 ). 6 In the legislature, 1895-1914 : see Part II, post, pp. 237-238. Removals 1 7. Provision shall be made by law for the removal for mis- 2 conduct or malversation in office of all officers, except judicial, 3 whose powers and duties are not local or legislative and who 4 shall be elected at general elections, and also for supplying 5 vacancies created by such removal. 7 Source Const. 1846, Art. X, 7. Texts of proposed amendments In the legislature, 1895-1914 : see Part II, post, p. 238. vacancies; i 8. The Legislature may declare the cases in which any office iatu? e mly 8 2 shall be deemed vacant when no provision is made for that determine 3 purpose in this Constitution. Source Const. 1846, Art. X, 8. This overture was adopted by the convention and accordingly became a part of the Constitution. 7 See Supplemental Notes following Article XV, post, under the title Removal, power of. TEXT IN FORCE APRIL 6, 1915, WITH NOTES 111 Article XI, 1 Lincoln's Constitutional History For judicial construction of this section, see IV:764-765. Texts of proposed amendments In the legislature, 1895-1914 : see Part II, post, p. 238. 1 9. No officer whose salary is fixed by the Constitution 2 shall receive any additional compensation. Each of the other 3 state officers named in the Constitution shall, during his con- 4 tinuance in office, receive a compensation, to be fixed by law, 5 which shall not be increased or diminished during the term 6 for which he shall have been elected or appointed; nor shall 7 he receive to his use any fees or perquisites of office or other 8 compensation. Source Amendment of 1874, Art. X, 9. Lincoln's Constitutional History For comment on this section, see IV:765. References to constitutional conventions and commissions. 1872. 11:562-563. Debates of constitutional conventions 1846. Fees prohibited, 504, 517-520 (Aug. 4-5). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 49-366-378 (Int. 49). In the legislature, 1895-1914 : see Part II, post, p. 239. ARTICLE XI * 1 Section 1. All able-bodied male citizens between the ages Militia - now coa- 2 of eighteen and forty-five years, who are residents of the State, 3 shall constitute the militia, subject however to such exemp- 4 tions as are now, or may be hereafter created by the laws of 5 the United States, or by the Legislature of this State. Source Const. 1821, Art. VII, 5; amended, Const. 1846, Art. XI, 1; amended, Const. 1894, Art. XI, 1. See also Const. 1777, Art. XXIV. Lincoln's Constitutional History For historical sketch of the statutes and constitutional provisions in this colony and state relating to the militia, with general com- ments on the subject, see 111:582-605, and IV:765-766. isa- con- i For the subject of pensions for military service, see Supplemental Notes following Article XV, post, under the title Pensions. NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XI, 2 For court decisions on military matters, see IV: 766-767. References to constitutional conventions. 1777. 1:546. 1846. 11:209. 1867. 11:378-379, 406. 1S94. Ill- 602-605. Debates of constitutional conventions 1821. Exemptions because of religious scruples, 577-580 (Oct. 31). 1867. Exemptions because of religious scruples, V :3686-36S9 ; militia, 11:1215-1221; V:3696-3698. 1894. IV:1088-1098 (VI:2585-2591). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 40, 235 (Int. 233), 342-453 (Int. 333 ). 2 Enlistment j_ 2 . The Legislature may provide for the enlistment into 2 the active force of such other persons as may make application 3 to be so enlisted. Source Const. 1894, Art. XI, 2. Lincoln's Constitutional History For comment on this section, see IY:767. References to constitutional conventions. 1894. IV:767. Debates of constitutional conventions 1867. 11:1227. 1894. IV:1088-1098 (VI: 2585-25 91). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 342-453 (Int. 333 ). 3 ganization and mal tenance 3 - The militia shall be organized and divided into such and mam- % j an( j an( j nava ^ an( | ac tive and reserve forces, as the Legis- 3 lature may deem proper, provided however that there shall be 4 maintained at all times a force of not less than ten thousand 5 enlisted men, fully uniformed, armed, equipped, disciplined 6 and ready for active service. 4 And it shall be the duty of the 7 Legislature at each session to make sufficient appropriations 8 for the maintenance thereof. Source Const. 1894, Art, XI, 3. 2 This overture was adopted by the convention and accordingly became a part of the Constitution. s This overture was adopted by the convention and accordingly became a part of the Constitution. * For reserve officers in national guard, see Supplemental Notes following Article XV, post, under the title National guard. TEXT IN FORCE APRIL 6, 1915, WITH NOTES 113 Article XI, 5 Lincoln's Constitutional History See notes under Art. XI, 1. Debates of constitutional conventions 1867. 11:1215-1221, 1225-1227; V:3689, 3696-3698. 1894. IV:1088-1098 (VI: 2585-2591). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 342-453 (Int. 333 ). 5 1 4. The Governor shall appoint the chiefs of the several Governor to 2 staff departments, his aides-de-camp and military secretary, SSS 3 all of whom shall hold office during his pleasure, their com- 4 missions to expire with the term for which the Governor shall 5 have been elected; he shall also nominate, and with the con- 6 sent of the Senate appoint, all major-generals. 6 Source Const. 1821, Art. IV, 2; amended, Const. 1846, Art. XI, 3; amended, Const. 1894, Art. XI, 4. See also Const. 1777, Art. XXIV. Lincoln's Constitutional History For court decisions under this section, see IV:768. References to constitutional conventions. 1777. 1:535. 1821. 1:672. Debates of constitutional conventions 1821. 299-301 (Oct. 1). 1867. 11:1221-1224; V:3691-3692, 3694-3695, 3861-3862. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 342^53 (Int. 333 ). 7 In the legislature, 1895-1914: see Part II, post, p. 241. 1 5. All other commissioned and non-commissioned officers 2 shall be chosen or appointed in such manner as the Legislature 3 may deem most conducive to the improvement of the militia, 4 provided however that no law shall be passed changing the 5 This overture was adopted by the convention and accordingly became a part of the Constitution. 6 For other references to the appointment of military officers, see Supple- mental Notes following Article XV, post, under the titles Appointment, power of, and National guard. 7 This overture was adopted by the convention and accordingly became a part of the Constitution. 114 YORK STATE CONSTITUTION ANNOTATED [Part Article XI, 6 5 existing mode of election and appointment unless two-thirds 6 of the members present in each house shall concur therein. Source Const. 1821, Art. IV, 3 and 5; amended, Const. 1846, Art. XI, 4 and 6; amended, Const. 1894, Art. XI, 5. See also Const. 1777, Art. XXIV. Lincoln's Constitutional History For court decisions construing this section, see IV:768. References to constitutional conventions. 1821. 1:672. 1846. 11:209. Debates of constitutional conventions 1821. 643-644 (Nov. 8). 1867. 11:1225; V:3692-3693. 1894. IV: 1088-1098 (VI :2585-2591) . Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 342-453 (Int. 333 ). 8 Commis- sioned offi- cers; how commis- sioned; re- moval 1 6. The commissioned officers shall be commissioned by the 2 Governor as commander-in-chief. No commissioned officer 3 shall be removed from office during the term for which he shall 4 have been appointed or elected, unless by the Senate on the 5 recommendation of the Governor, stating the grounds on which 6 such removal is recommended, or by the sentence ef a court- 7 martial, or upon the findings of an examining board organized 8 pursuant to law, or for absence without leave for a period of 9 six months or more. 9 Source Const. 1821, Art. IV, 4; continued without change in Const. 1846, Art. XI, 5; amended, Const. 1894, Art. XI, 6. See also Const. 1777, Articles XXIII and XXIV. Lincoln's Constitutional History For court decisions construing this section, see IV: 769-770. References to constitutional conventions. 1821. 1:674. Debates of constitutional conventions 1867. 11:1224-1225. 1894. IV:1088-1098 (VI:2585-2591). 8 This overture was adopted by the convention and accordingly became a part of the Constitution. For other references to the removal of military officers, see Supple- mental Notes following Article XV, post, under the title Kemoval, power of. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 115 Article XII, 1 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 342-453 (Int. 333). 10 In the legislature, 1895-1914 : see Part II, post, p. 242. ARTICLE XII 1 1 Section 1. It shall be the duty of the legislature to provide I ^ an o i f za - 2 for the organization of cities and incorporated villages, and jit js ^and 3 to restrict their power of taxation, assessment, borrowing legislature r to restrict 4 money, contracting debts, and loaning their credit, so as to J^f n ow _ 5 prevent abuses in assessments and in contracting debt by ers 6 such municipal corporations ; and the legislature may reg 7 ulate and fix the wages or salaries, the hours of work or muntcI P al employees; 8 labor, and make provision for the protection, welfare and J 9 safety of persons employed by the state or by any county, ture 10 city, town, village or other civil division of the state, or by 11 any contractor or subcontractor performing work, labor or 12 services for the state, or for any county, city, town, village or 13 other civil division thereof. Source Const. 1846, Art. VIII, 9 ; continued without change in Const. 1S94, Art. XII, 1; amended in 1905. 2 Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV -.770-775. For history of the movement to prevent the incorporation of cities and villages by special laws, see 11:199-203; 111:627-628; IV:770- 771. References to constitutional conventions. 1846. 11:199-203. 1894. 111:627-628, 647-648; IV:770-77L Debates of constitutional conventions 1867. 11:1230-1233, 1460-1462, 1507-1513; 111:2095-2098; IV:3164r- 3168, 3177-3180. 1894. 11:351-352 (11:813). 1 This overture was adopted by the convention and accordingly became a part of the Constitution. 1 For references to various matters relating to cities, including the sub- ject of home rule, see Supplemental Notes following Article XV, post, under the title Cities. 2 For the legislative history of the amendment of 1905 and the action of the people thereon, see Part II, post, pp. 242-243. 116 YORK STATE CONSTITUTION ANNOTATED [Part Article XII, 2 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 51, 72, 93, 207 (Int. 205), 353 (Int. 344). In the legislature, 1895-1914 : see Part II, post, pp. 242-247. Classifica- -t tion of * cities 2 3 4 5 6 General and IT special city 8 9 10 11 Special city 1O laws; how passed by legislature and ac- cepted by cities 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hun- dred and seventy-five thousand or more ; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand; the third class, all other cities. Laws relating to the property, affairs of govern- ment of cities, and the several departments thereof, are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legis- lature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill ; but the legislature may pro- vide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 117 Article XII, 3 35 bills, to the action of the governor. Whenever, during the ^t 36 session at which it was passed, any such bill is returned with- c c e p t y an ce ac ~ 37 out the acceptance of the city or cities to which it relates, or 38 within such fifteen days is not returned, it may nevertheless 39 again be passed by both branches of the legislature, and it 40 shall then be subject as are other bills, to the action of the 41 governor. In every special city law which has been accepted t a i of 42 by the city or cities to which it relates, the title shall be city laws 43 followed by the words ' ' accepted by the city, " or ' ' cities, ' ' 44 as the case may be ; in every such law which is passed without 45 such acceptance, by the words ' ' passed without the accept- 46 ance of the city, " or " cities, ' ' as the case may be. Source Const. 1894, Art. XII, 2; amended in 1907. 3 Lincoln's Constitutional History For the judicial construction of this section with special reference to the question whether, in a given case, a bill is or is not a city bill, and therefore should or should not be transmitted to the city or cities affected, and for certain rules that have been formulated by Mr. Lincoln to aid in the determination of this question, see IV: 777-786. See also these pages for certain rules formulated by Mr. Lincoln relating to the provision requiring the return of city bills to the legislature or governor, and the computation of time in con- nection therewith. References to constitutional conventions. 1894. 111:628-652. Debates of constitutional conventions 1894. Classification of cities. 11:229-230 (11:747-748); 11:243- 244 (11:755-756); 11:342-343 (11:807-808); 11:353 (11:814). City laws, general and special. 111:494-521 (IV:1552-1556) ; IV: 815-824 (V:2425-2431); IV:980-1005 (V:2522-2537). Refer- endum. 11:244-246 (11:756-757); 11:381-383 (11:829-830). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 267 (Int. 265), 461, 464 (Int. 394 ). 4 In the legislature, 1895-1914: see Part II, post, pp. 248-252. 1 3. All elections of city officers, including supervisors and ^ty om^ 2 judicial officers of inferior local courts, elected in any city*j ec j| d . 3 For legislative history of the amendment of 1907 and the action of the people thereon, see Part II, post, pp. 248-249. * This overture was adopted by the convention and accordingly became a part of the Constitution. 118 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article XII, 3 3 or part of a city, and of county officers elected in the counties 4 of New York and Kings, and in all counties whose boundaries 5 are the same as those of a city, except to fill vacancies, shall 6 be held on the Tuesday succeeding the first Monday in No- 7 vember in an odd-numbered year, and the term of every such S officer shall expire at the end of an odd-numbered year. The 9 terms of office of all such officers elected before the first day 10 of January, one thousand eight hundred and ninety-five, 11 whose successors have not then been elected, which under 12 existing laws would expire with an even-numbered year, or 13 in an odd-numbered year and before the end thereof, are 14 extended to and including the last day of December next 15 following the time when such terms would otherwise expire ; 16 the terms of office of all such officers, which under existing 17 laws would expire in an even-numbered year, and before the 18 end thereof, are abridged so as to expire at the end of the Exceptions ]_g preceding year. This section shall not apply to any city of 20 the third class, or to elections of any judicial officer, except 21 judges and justices of inferior local courts. Source Const. 1894, Art. XII, 3. For election of mayor, see also Const. 1777, Art. XXIII; Const. 1821, Art. IV, 10; amendments of 1833 5 and 1839. 5 Lincoln's Constitutional History For court decisions construing this section, see IV : 787-788. References to constitutional conventions. 1894. 111:628, 640-642. Debates of constitutional conventions 1894.11:111-112 (11:683); 11:169-170 (11:715); 11:340-342 (II: 806-807); 11:353 (11:814); 11:392-393 (11:835); 111:276-342 (111:1429-1466). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 3, 88, 176 (Int. 175), 318 (Int. 310 ), 451 (Int. 369). 6 In the legislature, 1895-1914 : see Part II, post, p. 253. s For the text of the constitutional amendments of 1833 and 1839 relat- ing to mayors, see Lincoln's Constitutional History, 1:223, 224. e This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 119 Article XIII, 1 ARTICLE XIII 1 Section 1. Members of the Legislature, and all officers, ex- 2 ecutive and judicial, except such inferior officers as shall be 3 by law exempted shall, before they enter on the duties of 4 their respective offices, take and subscribe the following oath 5 or affirmation: " I do solemnly swear (or affirm) that I will 6 support the Constitution of the United States, and the Con- 7 stitution of the State of New York, and that I will faithfully 8 discharge the duties of the office of , according to the 9 best of my ability ; ' ' and all such officers who shall have been 10 chosen at any election shall, *befor they enter on the duties 11 of their respective offices, take and subscribe the oath or 12 affirmation above prescribed, together with the following 13 addition thereto, as part thereof: 14 "And I do further solemnly swear (or affirm) that I have 15 not directly or indirectly paid, offered or promised to pay, 16 contributed, or offered or promised to contribute any money 17 or other valuable thing as a consideration or reward for the 18 giving or with-holding a vote at the election at which I was 19 elected to said office, and have not made any promise to 20 influence the giving or with-holding any such vote," and no 21 other oath, declaration or test shall be required as a quali- 22 fication for any office or public trust. 1 Source Const. 1821, Art. VI, 1; continued without change in Const. 1846, Art. XII, 1; amended in 1874, Art. XII, 1; continued without change in Const. 1894, Art. XIII, 1. Lincoln's Constitutional History For comment upon this section and court decisions construing it, see IV :789-790. See also IV :726. References to constitutional conventions and commissions. 1777. 1:552. 1867. 11:406. 1872. 11:482, 563-565, 571-572. 1894. 111:652-653. Debates of constitutional conventions 1821. 206-210 (Sept. 21). 1867. 1:606-616. 1894. 11:457-460 (I: 233-235). * So in original. iFor references on the subject of the regulation of expenditures of can- didates for public office, see Supplemental Notes following Article XV, post, under the title Campaign expenses. 120 YORK STATE CONSTITUTION ANNOTATED [Part Article XIII, 2 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 34, 94, 142, 144, 158-445 (Int. 158), 190 (Int. 189), 356 (Int. 347). Acceptance of bribe by public offi- cer a felony 1 2. Any person holding office under the laws of this State, 2 who, except in payment of his legal salary, fees or perquisites, 3 shall receive or consent to receive, directly or indirectly, any 4 thing of value or of personal advantage, or the promise 5 thereof, for performing or omitting to perform any official 6 act, or with the express or implied understanding that his 7 official action or omission to act is to be in any degree in- 8 fluenced thereby, shall be deemed guilty of a felony. This 9 section shall not affect the validity of any existing statute in 10 relation to the offense of bribery. Source Amendments of 1874, Art. XV, 1; continued without change in Const. 1894, Art. XIII, 2. Lincoln's Constitutional History References to constitutional conventions. 1867. 11:379-382, 406. 1872. 11:571-572. Debates of constitutional conventions 1867. 111:2276-2288; IV :2568-2573 ; V:3297-3320, 3331-3355. Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 211 (Int. 209). Offer of bribe to public offi- cer a felony Person of- fering bribe not privileged from testi- fying; im- munity 1 3. Any person who shall offer or promise a bribe to an 2 officer, if it shall be received, shall be deemed guilty of a 3 felony and liable to punishment, except as herein provided. 4 No person offering a bribe shall, upon any prosecution of the 5 officer for receiving such bribe, be privileged from testifying 6 in relation thereto, and he shall not be liable to civil or 7 criminal prosecution therefor, if he shall testify to the giving 8 or offering of such bribe. Any person who shall offer or 9 promise a bribe, if it be rejected by the officer to whom it was 10 tendered, shall be guilty of an attempt to bribe, which is 11 hereby declared to be a felony. Source Amendments of 1874, Art. XV, 2; continued without change in Const. 1894, Art. XIII, 3. I] TEXT m FORCE APRIL 6, 1915, WITH NOTES 121 Article XIII, 5 Lincoln's Constitutional History For court decisions relating to bribery, see IV:791-792. Debates of constitutional conventions 1867. 111:2276-2280; IV :2568-2573 ; V:3297-3320, 3331-33o5. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 211 (Int. 209). 1 4. Any person charged with receiving a bribe, or 2 offering or promising a bribe, shall be permitted to testify in 3 his own behalf in any civil or criminal prosecution therefor. Source Amendments of 1874, Art. XV, 3; continued without change in Const. 1894, Art. XIII, 4. Lincoln's Constitutional History References to constitutional conventions and commissions. 1872. 11:571-572. 1894. 111:653. Debates of constitutional conventions 1894. 1:733-734 (1:384). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 197 (Int. 196), 211 (Int. 209). 1 5. No public officer, or person elected or appointed to a 2 public office, under the laws of this State, shall directly or aaf 3 indirectly ask, demand, accept, receive or consent to receive cer b 3 11C in 0ffl 4 for his own use or benefit, or for the use or benefit of another, i 5 any free pass, free transportation, franking privilege or dis- t g e Tephone d 6 crimination in passenger, telegraph or telephone rates, from Sinking 7 any person or corporation, or make use of the same himself Jtc., 5ro- 8 or in conjunction with another. A person who violates any penaitii 9 provision of this section, shall be deemed guilty of a mis- 10 demeanor, and shall forfeit his office at the suit of the At- 11 torney-General. Any corporation, or officer or agent thereof, 12 who shall offer or promise to a public officer, or person elected 13 or appointed to a public office, any such free pass, free trans- 14 portation, franking privilege or discrimination, shall also be 15 deemed guilty of a misdemeanor and liable to punishment 16 except as herein provided. No person, or officer or agent of a No priv ._ 17 corporation giving any such free pass, free transportation, {|f t e lfy f f". 18 franking privilege or discrimination hereby prohibited, shall 122 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIII, 6 19 be privileged from testifying in relation thereto, and he 20 shall not be liable to civil or criminal prosecution therefor if 21 he shall testify to the giving of the same. Source Const. 1894, Art. XIII, 5. Lincoln's Constitutional History For comment upon this section and court decisions construing it, see IV:791-792. References to constitutional conventions and commissions. 1890. 11:717-718, 724. 1894. 111:653-658; IV:793. Debates of constitutional conventions 1894. 111:117-139 (111:1345-1356); IV:480-512 (V:2230-224S). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overtures Nos. 47-384 (Int. 47), 2 54, 328 (Int. 320). In the legislature, 1895-1914: see Part II, post, p. 254. Removal of 1 6. Any district attorney who shall fail faithfully to attorney for 2 prosecute a person charged with the violation in his county prosecute 3 of any provision of this article which may come to his knowl- 4 edge, shall be removed from office by the Governor, after due county ex- 5 notice and an opportunity of being heard in his defense. The 6 expenses which shall be incurred by any county, in investi- 7 gating and prosecuting any charge of bribery or attempting 8 to bribe any person holding office under the laws of this 9 State, within such county, or of receiving bribes by any such 10 person in said county, shall be a charge against the State, and 11 their payment by the State shall be provided for by law. Source Amendments of 1874, Art. XV, 4; continued without change in Const. 1894, Art. XIII, 6. Lincoln's Constitutional History For court decisions construing this section, see IV:794. References to constitutional conventions. 1867. 11:380,406. Debates of constitutional conventions 1867. V:3820-3824. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 211 (Int. 209). 2 This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FOECE APRIL 6, 1915, WITH NOTES 123 Article XIV, 1 ARTICLE XIV 1 Section 1. Any amendment or amendments to this Consti- ^ 2 tution may be proposed in the Senate and Assembly; and if *j g d .- 3 the same shall be agreed to by a majority of the members ^2^ 4 elected to each of the two houses, such proposed amendment 5 or amendments shall be entered on their journals, and the 6 yeas and nays taken thereon, and referred to the Legislature 7 to be chosen at the next general election of senators, and 8 shall be published for three months previous to the time of 9 making such choice ; and if in the Legislature so next chosen, 10 as aforesaid, such proposed amendment or amendments shall 11 be agreed to by a majority of all the members elected to each 12 house, then it shall be the duty of the Legislature to submit t s ub ^d Sloa 13 each proposed amendment or amendments to the people for bf 14 approval in such manner and at such times as the Legislature 15 shall prescribe; and if the people shall approve and ratify 16 such amendment or amendments by a majority of the electors 17 voting thereon, such amendment or amendments shall be- 18 come a part of the Constitution from and after the first day 19 of January next after such approval. 1 Source Const. 1821, Art. VIII, 1; amended, Const. 1846, Art. XIII, 1; amended, Const. 1894, Art. XIV, 1. Ijincoln's Constitutional History For comment on this section and summary of action which has been taken under it, see IV:795-796. References to constitutional conventions and commissions. 1821. 1:750-751. 1867. 11:382. 1872. 11:565. 1894. 111:659. Debates of constitutional conventions 1821. 291-294 (Sept. 29). 1846. 1038 (Oct. 2). 1867. 11:1351; IV: 2804-2814, 3018-3020. 1894. 11:4-25 (11:625-636). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 375-383-436 (Int. 368 ). 2 In the legislature, 1895-1915 : see Part II, post, pp. 255-258. 1 For the text of all amendments to the Constitution that have been pro- posed in the legislature from 1895 to 1914, inclusive, pursuant to this section, the legislative history of these proposals, and the action of the people on the amendments submitted to them, see Part II of this work. 2 This overture was amended in the committee of the whole and reprinted (see overture as it was on the order of third reading), but no new reprint 124 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIV, 2 Submission to people of question of consti- tutional convention ; election of delegates 1 2 3 4 5 6 7 8 9 10 11 12 Convention; 13 time, place, etc. 14 15 16 17 18 19 20 21 22 23 24 Officers, 25 employees, rules, etc. 26 27 28 29 30 31 32 33 34 35 Compensa- tion of delegates Quorum Vote on amendments Vacancies among delegates 2. At the general election to be held in the year one thou- sand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, " Shall there be a convention to revise the Constitution and amend the same?" shall be de- cided by the electors of the State ; and in case a majority of the electors voting thereon shall decide in favor of a con- vention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates at large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such con- vention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall con- stitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for ap- proval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the con- vention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and assistants as it may deem neces- sary, and fix their compensation and to provide for the print- ing of its documents, journal and proceedings. The conven- tion shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualification of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office number was given to it. When reached on the order of third reading it was passed but immediately reconsidered and section 2 amended (see Eevised Kecord, IV: 1104-1108, original record, 2595-2598), but the overture as thus amended and finally passed was apparently never printed. Sections 1 and 3, however, were not affected by the amendment made upon the recon- sideration. I] TEXT IK- FORCE APRIL 6, 1915, WITH KOTES 125 Article XIV, 2 36 of a delegate-at-large, such vacancy shall be filled by a vote 37 of the remaining delegates-at-large. Any proposed consti- submission 38 tution or constitutional amendment which shall have been ratification 39 adopted by such convention, shall be submitted to a vote ofoonsfftu- 40 of the electors of the State at the time and in the manner amendments 41 provided by such convention, at an election which shall be 42 held not less than six weeks after the adjournment of such 43 convention. Upon the approval of such constitution or con- 44 stitutional amendments, in the manner provided in the last 45 preceding section, such constitution or constitutional amend- -rime of 46 ment, shall go into effect on the first day of January next aSSF 47 after such approval. Source Const. 1846, Art. XIII, 2; amended, 1874, Art. XVI, I; 3 amended, Const. 1894, Art. XIV, 2. Lincoln's Constitutional History For history of the movement to call the constitutional convention which finally met in 1821, with special reference to the veto by the council of revision, on objections reported by Chancellor Kent, of the convention bill of November 20, 1820, on the grounds, first, that it contained no provision for ascertaining the sense of the people on the question of holding a convention; and second, that it provided for submitting the amended constitution to the people as a whole, and did not give them any opportunity to discriminate as to their approval or disapproval of its different parts, see I: 616-628. For history of the efforts to call constitutional conventions in 1858, 1861 and 1865, see 11:233-234. For discussion of the power of the legislature (in the absence of con- stitutional restrictions) to control the time and manner of the sub- mission to the people of a constitution adopted by a constitutional convention, and remarks on legislative control, in general, of a constitutional convention, see 11:407-418. For statement of the events from 1886, when the people voted that a constitutional convention should be held, to the holding of the con- vention in 1894, including an historical sketch of the reasons for this long delay, see 111:4-25. References to constitutional conventions and commissions. 1821. 1:751-752; 11:210. 1846. 11:209-213. 1867. 11:242-243, 382-383, 407-414. 1872. 11:572-574. 3 For the text of the constitutional amendment of 1874, see Lincoln 'a Constitutional History, I: 311. 126 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIV, 3 1894. When conventions to be held, 111:660-661; how conven- tions constituted, 111:661-664; powers of convention, III: 664-671. Debates of constitutional conventions 1821. Method of submission, 625-627 (Nov. 5). 1846. Convention, 794 4 ; submission, 1079 (Oct. 9); publication, 961 (Sept. 24), 1079 (Oct. 9). 1867. Convention, how called, V:3825-3827; method of submission, 1:392-410, V:3790-3792, 3876-3893, 3916-3926; time of submis- sion, V:3S93-3907; publication, V:3926-3927. 1894. Convention, IV:826-833 (V:2432-2435), IV:891-901 (V:2470- 2476), IV:1102-1108 (V:2595-2598) ; powers of convention, I: 336-337 (1:164) ; convention, judge of election of members, 1:244- 246, 1 :248-270 (1:122-133), 1:334; publication, IV:711 (V:2364), IV:1232-1250 (VI:2670-2679), IV:1268-1272 (VI:2690-2692) ; submission, 11:4-25 (11:625-636); IV:1102-1108 (V:2595-2598), IV:1232-1250 (VI: 2 670-2679). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 59, 206 (Int. 204), 239 (Int. 237), 287 (Int. 285), 293 (Int. 289), 375-383^36 (Int. 368). 5 In the legislature, 1895-1914: see Part II, post, pp. 260-261. ieg?siat n ure 1 3. Any amendment proposed by a constitutional conven- 2 tion relating- to the same subject as an amendment proposed 3 by the Legislature, coincidently submitted to the people for 4 approval at the general election held in the year one thousand 5 eight hundred and ninety-four, or at any subsequent election, 6 shall, if approved, be deemed to supersede the amendment so 7 proposed by the Legislature. Source Const. 1894, Art. XIV, 3. Lincoln's Constitutional History For explanation of this section, see 111:671, and IV:799-800. Debates of constitutional conventions 1894. IV:891-901 (V:2470-2476). Texts of proposed amendments In the constitutional convention of 1894 : see Proposed Constitutional Amendments, Overture No. 375-383-436 (Int. 368). 5 * This page reference is to the Argus edition of the 1846 debates. It is apparently not covered by the Atlas edition. See introductory note. s This overture was adopted by the convention and accordingly became a part of the Constitution. I] TEXT IN FORCE APRIL 6, 1915, WITH NOTES 127 Article XV, 1 ARTICLE XV. 1 Section 1. This Constitution shall be in force from 2 including the first day of January, one thousand eight hun- 3 dred and ninety-five, except as herein otherwise provided. 4 Done in Convention at the Capitol in the city of Albany, 5 the twenty ninth day of September, in the year one 6 thousand eight hundred and ninety-four, and of the 7 Independence of the United States of America the 8 one hundred and nineteenth. 9 In witness whereof, we have hereunto subscribed 10 our names. 11 JOSEPH HODGES CHOATE 12 President and Delegate at Large. 13 CHARLES ELLIOTT FITCH 14 Secretary. Lincoln's Constitutional History For reference to certain parts of the Constitution of 1846, the opera- tion of which was postponed, see II :216-217. For similar in- formation relative to the Constitution of 1894, see III : 6 71-672. SUPPLEMENTAL NOTES 1 Aliens Naturalization. Lincoln. (1777) 1:547-552. Title to land. Lincoln. (1867) 11:294. (1872) 11:475. Convention debates. 1867. V : 3257-3260, 3555-3556. Appeals On questions of procedure, to supreme court. Convention debates. 1867. V : 3729-3730, 3859-3861. Appointment, power of By council of appointment. Lincoln. (1777) 1:531-535,577-581. (1801) 1:610-612,615- 620. (1821) 1:596-607,749-750. Convention debates. 1821. 296-301 (Oct. 1), 309-327 (Oct. 2-3), 674-676 (Appendix). By governor. In general. Lincoln. (1872) II : 468-469, 520-532. Convention debates. 1821. 589-592 (Nov. 1); 674-676 (Appendix). 1867. II : 1235-1269, 1272-1280. Judges of court of appeals, vacancies (when senate not in ses- sion). See Art. VI, 8. Justices of the appellate division. See Art. VI, 2. Military officers. See Art. XI, 4. Police officers in cities. Lincoln. ( 1894 ) III : 642-643. Convention debates. 1894. 111:372-419 (111:1482-1509), III : 432-148 (III : 1518-1526) . Surrogates. See Art. VI, 15. By governor with consent of senate. Judges of court of appeals, vacancies. See Art. VI, 8. Military officers. See Art. XI, 4. State board of charities. See Art. VIII, 11, 12. State commission in lunacy. See Art. VIII, 11, 12. l For explanation of the references to Lincoln and to the convention debates, see the introductory note following the title page. The Lincoln references preceded by figures in parentheses are to the constitutional conventions or commissions occurring in the years indicated within the parentheses. In particular, see the introductory note following the title page for the warning against considering the Supplemental Notes as exhaustive, ihey are generally from their very nature fragmentary only, but are often sup- plemented by other references in the notes to the sections of the Constitution. [129] 130 NEW YORK STATE CONSTITUTION ANNOTATED [Part Appointment power of Bills Appointment, power of continued State commission of prisons. See Art. VIII, 11, 12. State treasurer, successor to. See Art. V, 7. Superintendent of public works. See Art. V, 3. Superintendent of prisons. See Art. V, 4. By legislature. In general. Convention debates. 1821. 599-600 (Nov. 1). Certain officers not otherwise specified. See Art. X, 2. Certain vacancies. See Art. X, 5. Civil officers. Convention debates. 1821. 302-307 (Oct. 1). By mayor. City officers. Convention debates. 1867. IV :3157-3159. Police officers. Lincoln. (1894) 111:642-643. Convention debates. 1894. Ill : 372-419 ( III : 1482-1509 ) , III : 432^448 (IV : 1518-1526) . Assessment In cities. Lincoln. (1846) 11:198. Method of. Convention debates. 1867. V : 3484-3500, 3757-3762. Attorneys Fees. Lincoln. (1846) 11:209. Convention debates. 1846. 1013 (Sept. 30). Qualifications. Convention debates. 1846. 779-780 (Aug. 3). Attorney-general Duty in court of claims. Convention debates. 1867. II : 1347-1348, 1353-1361. Banking and currency History to 1846. Lincoln. 11:27-45. Convention debates. 1846. 182, 185 (June 29), 985-991, 994 (Sept. 28). Banks Bills and notes of. Convention debates. 1846. 998-1005 (Sept, 28-29). Bills Introduction, limitation on time. Lincoln. ( 1872 ) II : 495-497. Convention debates. 1867. II : 1294-1305. I] SUPPLEMENTAL NOTES 131 Bills Canals Bills continued Private or local. Manner of passage. Lincoln. (1872) 11:495-497. (1894) 111:302. Convention debates. 1867. 11:1371-1378. 1894. 11:476-482 (11:878-881). Prohibited in following cases: Disposition of infant's real property. Convention debates. 1867. II : 1386-1387. Regulation of liquor traffic. Convention debates. 1867. IV : 2791-2795. Release of escheated lands. Lincoln. (1867) 11:327. Convention debates. 1867. II : 1381-1383 ; V : 3603-3604. Exceptions as to commissioners of jurors. Lincoln. (1894) 111:298-299. Convention debates. 1894. 1 : 951-973 (1 : 501-513) . Bill of rights History and development of. Lincoln. 1 : 715-743. Necessity for. Convention debates. 1821. 171-173 (Sept. 18). Bipartisan election boards In cities. See Cities. Bounty debt Renewal of. Convention debates. 1867. 111:2337-2338. Bridges Appropriations for canal bridges. Convention debates. 1867. Ill: 2059-2073, 2080-2094; V: 3640- 3641. Campaign expenses Candidate's expenditures regulated. Convention debates. 1894. 111:876-918 (IV: 1768-1791) ; IV: 1011-1013 (VI: 2542-2543). Canals In general. Lincoln. II : 45-58, 353-357. Convention debates. 1867. 1:129-134, 159-160; 11:812-816, 1058-1068. 1894. 11:697-698 (11:1001); IV: 924-942 (V:2489- 2500), IV: 227-349 .(V: 2101-2160). 132 NEW YORK STATE CONSTITUTION ANNOTATED [Part Canals Corporations Canals continued Canal auditor. Convention debates. 1867. Ill : 2035-2038, 2345-2347. Canal bridges, appropriations for. Convention debates. 1867. Ill : 2059-2073, 2080-2094 ; V : 3640- 3641. Canal debt. Lincoln. (1846) 11:165-174. See also 11:218-223, 576, 592- 594, 653-655. Convention debates. 1867. 1 :793-794 ; II :1462-1475, 1517-1518 ; 111:1601-1606, 1608-1624, 1630-1723, 1726-1771, 1781- 1827, 1830-1840, 1855-1862, 1865-1881; V: 3501-3509, 3699-3704. 1894. IV: 943-969 (V: 2500-2515). Canal funds. Lincoln. 1 : 690-715. Convention debates. 1821. 446-460 (Oct. 15-17). 1867. V :3741-3743. Canal revenues. Lincoln. (1846) 11:168-172. Convention debates. 1846. 880-894, 896-940, 951-957 (Sept. 17-19, 21-23). 1867. V -.3741-3743. Canal sinking funds. Lincoln. (1846) 11:166-167, 171. Convention debates. 1867. V:2229-2243, 3699-3704. Care and management. Convention debates. 1867. V :3951-3957 (Appendix). Claims for damage by. Convention debates. 1867. 111:2059-2073, 2080-2094, 2355- 2356. Corporations Banking, bills and notes of. Convention debates. 1846. 998-1005 (Sept. 28-29). Non-banking, liability of stockholders. Lincoln. (1846) 11:185, 188, 191. (1867) 11:371. Convention debates. 1846. 974-980, 982-983 (Sept. 25-26). 1867. 1:670; 11:1089-1092. State bank prohibited. Convention debates. 1867. 11:1085-1089. Capital stock, payment of. Convention debates. 1867. 11:1078. Condemnation by. Lincoln. (1846) 11:187, 189. Corporators, liability of. Convention debates. 1867. 11:1079-1080. Debts of, limited. Lincoln. (1846) 11:185, 187-188. SUPPLEMENTAL NOTES 133 Corporations Church and state Corporations continued Debts of, to be published. Lincoln. (1846) 11:185, 187-188. Foreign corporations, to secure performance of obligations. Lincoln. (1867) 11:371. Convention debates. 1867. 1 :671. Franchises of. Lincoln. (1846) 11:185, 188-189. Special privileges to, restrictions. Lincoln. (1846) 11:187, 189. Convention debates. 1846. 1005-1006 (Sept. 29). Stockholders, laws to protect minority. Convention debates. 1867. 11:1092-1098, 1108. Stockholders, names to be published. Lincoln. (1846) 11:185, 187-188. Trusts and monopolies. Convention debates. 1894. IV: 1067-1078 (VI: 2574-2580). Capital Relation to labor. Lincoln. (1894) 111:70-72. Capital punishment Abolition. Lincoln. (1894) 111:72. Convention debates. 1894. 1: 1036-1037 (II: 544-545) ; II: 148- 164 (11:704-712). Capital police district Convention debates. 1867. IV : 2936, 2949-2959. Capital stock Payment of. Convention debates. 1867. II : 1078. Chancery Court of. See Courts. Charities Board of commissioners. Lincoln. (1867) 11:390-391. Convention debates. 1867. IV : 2710, 2720-2726, 2744-2754. Charitable trusts. Lincoln. (1867) 11:392,395. Sectarian charities. Convention debates. 1867. IV : 2712-2715. Church and state Convention debates. 1867. Ill : 2711-2712. 134 NEW YORK STATE CONSTITUTION ANNOTATED [Part Cities Cities Boards of aldermen and audit. Lincoln. (1872) 11:567-569. Boards and commissions, terms of. Convention debates. 1894. 11:358-361 (111:1474-1476). Common council, minority representation. Convention debates. 1894. II : 349-353 (II : 812-814) ; II : 366- 367 (II : 821) ; II : 375-378 (II : 826-827) ; III : 472^90 (IV : 1539-1549 ) ; III : 493-494 ( IV : 1552 ) ; III : 543-551 ( IV : 1580-1584) ; III : 555-580 (IV : 1587-1600) ; III : 601-607 (IV: 1612-1616). Condemnation by. Lincoln. (1846) 11:198-199. Consolidation of. Convention debates. 1S94. 11:358-359 (11:817); 11:385-389 (11:831-833). Courts of. See Courts. Department heads. Lincoln. (1872) 11:567. Election boards, bipartisan. Convention debates. 1894. 11:112-117 (11:683-686); 11:170 (II : 715) ; II : 243 (II : 755) ; II : 252-263 (II : 760-765) ; II : 357-358 (II : 816) ; II : 371-375 (II : 824-826) ; II : 378-381 (11:827-829); 11:401-402 (11:839-840). Elections, use of party names prohibited. Lincoln. (1894) 'ill: 630. Free cities, historical reference to. Convention debates. 1867. IV : 2948-2949. Home rule. See also other topics under Cities. Historical references. Lincoln. II : 667-681 ; III : 605-626. In general. Lincoln. (1821)111:615-617. (1846)111:617-619. (1867) II : 351-353. (1872) II : 569-570. (1894) III : 626-652. Convention debates. 1867. IV : 2935, 2959, 2972-3018, 3020- 3063, 3067-3108, 3117-3180. 1894. 1 : 5-6 (1 : 7) ; II : 102-111 (II : 678-683) ; II : 123- 131 (11:689-694); 11:167-176 (11:713-718); II: 181-191 (11:721-726); 11:225-228 (11:746-747); II : 231-234 (II : 749-750) ; II : 238-242 (II : 752-755) ; II : 246-252 (II : 757-760) ; II : 359-366 (II : 817- 821); 11:367-371 (11:821-824); 11:389-401 (II: 833-839); 111:273-342 (111:1427-1466); 111:358- 419 (111:1474-1509); 111:424-448 (IV:1513-1526) ; 111:458-490 (IV: 1532-1549) ; 111:494-521 (IV: 1552-1566) ; III : 543-551 (IV : 1580-1584) ; III : 555- 580 (IV: 1587-1600); 111:601-631 (IV: 1612-1628) ; III : 638-654 (IV : 1632-1641) ; IV : 727-740 (V : 2373-2380); IV: 815-824 (V: 2425-2431) ; IV : 980- 1005 (VI: 2522-2537). I] SUPPLEMENTAL NOTES 135 Cities Claims Cities continued Power of the legislature over cities under. Lincoln. ( 1872 ) . II : 570-571 ; III : 620-652. Convention debates. 1867. IV : 3146-3155. 1894. II : 353-354 (11:814-815). Legislative bodies of. Convention debates. 1867. IV : 3140-3141. 1894. II : 234-238 (II : 750-752) ; II : 348-349 (II : 812) ; III : 609-617 (IV : 1616- 1621). Mayor. Election of. Lincoln. (1821) I: 672; II: 6-7, 9-10. (1872) II: 566-567. Convention debates. 1867. IV : 2926-2934, 2966, 3125-3127, 3132-3133. 1894. 11:352 (11:813-814). Powers. See also Appointment, Power of. Lincoln. (1872) 11:566-567. Convention debates. 1867. IV : 2974-2980, 3125-3127, 3132- 3133. 1894. II : 230-231 (II : 748-749) ; II : 343-345 (II : 808) ; 11:358 (11:816-817). Officers. Abolition by legislature. Convention debates. 1867. IV : 3173-3174. Choice. Lincoln. Ill : 608-620. Removal of. See Removal, Power of. Police. See Police. Taxation, assessment for, when and how made. Lincoln. (1846) 11:198. Civil process Exemption from. Convention debates. 1846. 1064-1065 (Oct. 6). Civil service employees Pensions for. Convention debates. 1867. V : 3262-3263, 3448-3452. Claims Court of claims. See Courts. For damage by canals. Convention debates. 1867. 111:2059-2073, 2080-2094, 2355- 2356. Solicitor of claims. Convention debates. 1867. IV : 2773-2776. State claims against corporations. Lincoln. (1867) 11:167-168, 181-182. Convention debates. 1867. V : 3743. 136 NEW YORK STATE CONSTITUTION ANNOTATED [Part Clergy Council of appointment Clergy Ineligible to office. Lincoln. (1777)1:545-546. (1846)11:111-112. (1872)11:474. Convention debates. 1846. 551-552 (Aug. 8). Codification of laws Lincoln. (1846) 11:164. (1894) 111:52-57. Convention debates 1846. 838-840 (Sept. 10). 1894. II : 887-888 ( III : 1106 ) ; I V : 448-450 ( V : 2213-2215 ) . Common council Minority representation. See Cities. Commissary-general Convention debates. 1867. 11:1227. Commission of appeals. See Courts. Commissions Abolition of. Convention debates. 1894. 11:843-859 (111:1081-1090). Commissioner of jurors. See Bills, private or local Conciliation Courts of. See Courts. Congressional delegates How chosen. Lincoln. (1777) 1:536-537. Constitution Analysis of 1777. Lincoln. 1 :589-595. 1846. 11:214-215. 1867. 11:396-407. 1894. Ill : 672-674. Submission of 1867 and result. Lincoln. II : 407-419. Constitutionality of laws. See Courts; Council of revision Cornell University Lincoln. 11:362-368, 454-455. Convention debates. 1867. IV : 2814-2841, 2897-2900. Coroner. See County officers Corporations. See page 132. Council of appointment. See Appointment, power of I] SUPPLEMENTAL KOTES .137 Council of revision Courts Council of revision Lincoln. (1777) 1:504-505. (1820) 1:620-621, 626-628. (1821) 1:743-749. (1872)11:507-511. See also IV:555. Counties. See also County officers Alteration by legislature prohibited. Convention debates. 1867. 11:1232-1233. State tax on. Convention debates. 1846. 1068-1069 (Oct. 7). 1867. 111:2340. County judge Associate county judge. Convention* debates. 1846. 825-827 (Sept. 9). 1867. IV: 2602-2609, 2668-2670. County officers Compensation. Convention debates. 1867. 11:958-961. Coroner. Lincoln. (1777) 1:536. (1846) 11:208. (1894) 111:580. See also IV: 721. Convention debates. 1821. 540-541 (Oct. 26). 1867. II : 1005. 1894. 1:836-845 (1:438-443), 1:848-851 (1:446-448); 11:35-41 (11:641-643); IV:384-393 (V:2179-2183). Superintendent of the poor. Lincoln. (1846) 11:208. Supervisor. Convention debates. 1867. 1:756-757; 11:898-903. Treasurer. Lincoln. (1846) 11:208. Convention debates. 1846. 1009-1010 (Sept, 29.) 1867. II : 1180. Courts. See also Judicial system City courts. In New York city. Convention debates. 1821. 479-484 (Oct. 19). Commission of appeals. Lincoln. (1867) 11:262-264, 465. Convention debates. 1867. Ill : 2383-2390 ; IV : 2407-2408, 2641- 2644. 138 NEW YORK STATE CONSTITUTION ANNOTATED [Part Courts Debt Courts continued Court of chancery. Lincoln. (1821) 1 : 672-674, 677, 679-681 ; II : 66-68, 72. (1846) 11:140-144, 217. Convention debates. 1821. 500-523 (Oct. 22-24) ; 671-673 (ap- pendix). 1846. 559-582 (Aug. 10-11); 834-836 (Sept. 10). Court of claims. Lincoln. (1890) 11:719. Attorney-general, duty in. Convention debates. 1867. II : 1347-1348, 1353-1361. Organization. Lincoln. (1867) 11:322, 326, 402. (1894) 111:374. Convention debates. 1867. 11:1319-1348; IV : 2755-2773. Procedure in. See Procedure. Statute of limitations in. Convention debates. 1867. V : 3526, 3641-3647. Court of conciliation. Lincoln. (1867) 11:163-164. Convention debates. 1846. 588-590 (Aug. 12); 798-804 (Sept. 3); 833-834 (Sept. 10). 1867. IV : 2704-2707. Custody of money paid into court. Convention debates. 1846. 822-823 (Sept. 8). 1867. V:3728- 3731. Jurisdiction, transfer of causes. Lincoln. (1890) 11:698. Power to declare laws unconstitutional. Convention debates. 1867. V : 3283-3284, 3356-3365. Probate court. Convention debates. 1867. V : 3724-3725, 3733-3734. Reports, council of law reporting. Lincoln. (1890) 11:718-719. (1894) 111:372. Supreme court, appeals to. See Procedure. Uniform procedure. See Procedure. Criminal law Suspended sentence. 1867. 1 : 125. Damages From riots. Lincoln. (1867) 11:294. Convention debates. 1867. V : 3257-3260. By canals. Convention debates. 1867. 111:2059-2073, 2080-2094, 2355- 2356. Debt Imprisonment for. Lincoln. (1894) 111:72-73. State debt. See State finance. I] SUPPLEMENTAL NOTES 139 Division of water Governor Diversion of waters Of Niagara river. See Niagara river. Divorce Causes for. Convention debates. 1867. 11:1378-1379, 1383-1385; V:3549- 3550. Education Compulsory. Lincoln. (1867) 11:370. (1872) 11:561. (1894) 111:531. Superintendent of public instruction. Lincoln. (1867) 11:361. See also 111:545; IV: 710, 716. Convention debates. 1867. IV : 2841-2897, 2902-2908. Election boards Bipartisan. See Cities. Eligibility to office Every voter eligible to every office. Lincoln. (1846) 11:119, 126. Eminent domain By corporations. Lincoln. (1846) 11:187, 189. Escheated lands Release by private or local bill prohibited. Lincoln. (1867) 11:327. Convention debates. 1867. 11:1381-1383; V: 3603-3604. Exemptions From civil process. Convention debates. 1846. 1064-1065 (Oct. 6). Extradition. See Governor Fisheries International. Lincoln. (1867) 11:293. Convention debates. 1867. V : 3261-3262, 3554-3555. Foreign corporations. See Corporations Free cities Historical reference to. Convention debates. 1867. IV : 2948-2949. Governor Ineligible to other offices. Lincoln. (1846) 11:135. Convention debates. 1846. 310-320 (July 15), 358-360 (July 20). 140 NEW YORK STATE CONSTITUTION ANNOTATED [Part Governor Judicial system Governor continued Powers. Appointment of officers. See Appointment, power of. Extradition. Lincoln. IV: 476-477. Convention debates. 1846. 320-322 (July 15). Filling vacancies. Lincoln. (1872) 11:538. Removal of officers. See Removal, power of. Property qualifications. Lincoln. II : 7-9. Home rule. See Cities Impairment of remedies Lincoln. (1867) 11:293. Convention debates. 1846. 828-830 (Sept. 9.) Imprisonment for debt Lincoln. (1894) 111:72-73. Infants Real property, disposition by private or local bill prohibited. Convention debates. 1867. II : 1386-1387. Initiative and referendum Lincoln. (1894) 111:300-302. Convention debates. 1894. II : 797-817 (III : 1057-1067) ; III : 106- 109 (111:1337-1338). Intoxicating liquors. See also Bills, private or local Regulation of sale of. Lincoln. (1872)11: 385-386,475-476. (1894)111:299-300. See also : 230, 665-667. Convention debates. 1867. 111:2274-2275; IV : 2791-2795 ; V: 3265-3282, 3285-3297, 3666-3671. 1894. 11:87-91 (11:671-672), 11:767-773 (111:1039-1043), 11:791-797 (111:1053-1057). Judicial system In general. Lincoln. (1821) 1:677-684; 11:140-144. (1867) 1:248-259, 281; 11:247-249, 285. Convention debates. 1821. 528-538 (Oct. 25). 1846. 481^95 (Aug. 1), 528-530 (Aug. 6), 567-682 (Aug. 11-19), 687-750 (Aug. 20-24), 807-812 (Sept. 4). 1867. 11:1306-1309, 1352; 111:1625-1628; V:3457-3461, 3773-3776. 1894. 11:461-468; 11:567-568; IV: 576-607 (V:2286- 2303). SUPPLEMENTAL NOTES 141 Judicial system Minority stockholders Judicial system continued Litigants to contribute to expense of administering justice. Convention debates. 1846. 823-825, 827-828 (Sept. 8-9). Judges Associate county judge. Convention 'debates. 1846. 825-827 (Sept. 9). 1867. IV :2602-2609, 2668-2670. Qualifications of. Convention debates. 1846. 830 (Sept. 9). Judgments Execution of. Convention debates. 1846. 820-821 (Sept. 8). Jurors Commissioners of. See Bills, private or local. Labor Relation to capital. Lincoln. (1894) 111:70-72. Laws Codification of. See Codification. Legislature Appointing power. See Appointment, power of. Power of removal. See Removal, power of. Qualifications of members. Lincoln. (1867) 11:320. Convention debates. 1867. 11:868. Liquor. See Intoxicating liquors Local option. See Intoxicating liquors Married women Rights of. Lincoln. (1846) 11:112-114. Convention debates. 1846. 1038-1042 (Oct. 2), 1056-1061 (Oct. 5.) Mayor. See Appointment, power of; Removal, power of; Cities Medical board. See State medical board Minority representation In common council. See Cities. Minority stockholders Laws to protect. Convention debates. 1867. 11:1092-1098, 1108. 142 NEW YORK STATE CONSTITUTION ANNOTATED [Part Monopolies and trusts Pensions Monopolies and trusts. See Corporations National guard Brigade inspector. Lincoln. (1846) 11:209. Commissary-general . Convention debates. 1867. 11:1227. Reserve officers. Convention debates. 1867. V: 3693-3694. Naturalization. See Aliens New York City. See also Courts Health department. Convention debates. 1821. 543-544 (Oct. 26). Police commissioners in. Convention debates. 1867. IV :2967-2968. Niagara river Diversion of waters of. Convention debates. 1894. 111:808-874 (IV:1731-1767) ; IV: 164-174 (V: 2067-2072), IV: 181-194 (V: 2076-2083), (IV: 200-205 (V: 2087-2090), IV: 610-644 (V: 2305-2325). Oath Test as qualifications for suffrage. Convention debates. 1867. V : 3530, 3557-3558. Office Clergy ineligible to. Lincoln. (1777) 1:545-546. (1846) 11:111-112. (1872) II : 474. Convention debates. 1846. 551-552 (Aug. 8.) Disqualification of United States officers to state office. Lincoln. (1846) 11:119, 126. Eligibility of every voter to every office. Lincoln. (1846) 11:119, 126. Qualifications for local offices. Lincoln. (1846) 11:119, 126. Pensions For civil and military service. Lincoln. (1867) 11:293. Convention debates. 1867. IV : 3064. For civil service employees. Convention debates. 1867. V : 3262-3263, 3448-3452. Prohibited except in certain cases. Lincoln. (1894) 111:299. Convention debates. 1894. 1:856-872 (11:450-458), 1:978- 998 (11:518-528) I] SUPPLEMENTAL NOTES 143 Personal property Procedure 1867. IV: 2936, 2949-2959. IV : 2937-2938, 3141-3142. 1867. 2935-2936, 2965-2966, 3134-3140. 1867. Personal property Taxation of. See Taxation. Police In general. Convention debates. 1867. IV : 2935-2948, 2972-2980. 1894. 11:116-123 (11:686-689); 11:169 (11:714-715); 11:231 (11:749); 11:242-243 (11:755); 11:335-337 (11:803-805); 11:340 (11:806); 11:354-357 (11:815- 816); 11:360-362 (11:818-819); 11:383-385 (11:830- 831); 11:401 (11:839). Capital police. Convention debates. 1867. IV : 2938-2946. Capital police district. Convention debates. Commissions. Convention debates. Districts. Convention debates. 1894. 111:531-541 (IV: 1574-1579). Frontier police. Convention debates. 1867. IV : 2946-2948. Metropolitan police. Convention debates. 1867. IV : 3037-3040, 3043-3044, 3048- 3050, 3097-3105, 3117-3125, 3128-3131. Officers, how chosen. See Appointment, Power of. Removal by governor. See Removal, Power of. State constabulary. Lincoln. (1867) 11:346-348. Convention debates. 1867. 111:1776-1777. Vacancies, how filled. See Appointment, Power of. Private or local bills. See Bills, private or local Prisons. See also State officers Management of. Lincoln. (1867) 11:374-378. Private property Condemnation by corporations. Lincoln. (1846) 11:187, 189. Probate courts. See Courts Procedure In court of claims. Convention debates. 1867. II : 1322-1346. Questions of, appealable to supreme court. Convention debates. 1867. V:3729-3730, 3859-3861. 144 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Procedure Removal, power of Procedure continued Statute of limitations in court of claims. Convention debates. 1867. V : 3526, 3641-3647. Uniform procedure. Convention debates. 1846. 587-588 (Aug. 11), 590-682 (Aug. 12-19), 687-750 (Aug. 20-24), 838-840 (Sept. 10). Prohibition. See Intoxicating liquors Punishment Capital. See Capital punishment. Railroads Commissions, creation of. Convention debates. 1867. V: 3649-3651. Consolidation of. Lincoln. (1867) 11:373. Convention debates. 1867. 11:1024-1032,1035-1057,1069-1077, 1101-1107; V:3814-3816. Real property Of infants, disposal by private or local bill. See Bills, private or local. | Taxation of. Lincoln. (1867) 11:359-361. Convention debates. 1867. 111:1900-1910, 1919-1948, 1951- 1954, 1978-1990. Title of aliens to. Lincoln. (1867) 11:294. (1872) 11:475. Convention debates. 1867. V:3257-3260, 3555-3556. Transfer of title. Convention debates. 1894.1:999-1010 (11:529-534). Referendum. See Initiative and referendum Receiver-general Convention debates. 1867. V :3728-3729. Remedies Impairment of. Lincoln. (1867) 11:293. Convention debates. 1846. 828-830 (Sept, 9). Removal, power of In general. Lincoln. (1821) 1:673-674. Convention debates. 1846. 156-160 (June 25). By impeacbment. See Article VI, 13. By council of appointment. Lincoln. 111:317; IV: 555-556. I] SUPPLEMENTAL NOTES 145 Removal, power of Salt springs Removal, power of continued By governor. In general. Lincoln. (1821) IV : 578, 721, 724-733, 736. (1872) It: 523-524, 536-537. Certain judicial officers. See Article VI, 11. Certain military officers. See Article XI, 4. Commissioned officers. See Article XI, 6. County clerk. See Article X, 1. County register. See Article X, 1. District attorney. See Article X, 1, and Article XIII, 6. Mayor of cities. " Convention debates. 1867. IV : 3156. 1894. Ill : 358-370 (111:1474-1481). Police officers. Convention debates. 1894. 111:372-419 (111:1482-1509); IU: 424-448 (IV: 1513-1526) ; 111:458-472 ( IV: 1532- 1539). Sheriff. See Article X, 1. State board of charities. See Article VIII, 11, 12. State commission in lunacy. See Article VIII, 11, 12. State commission of prisons. See Article VIII, 11, 12. State treasurer. See Article V, 7. Superintendent of public works. See Article V, 3. Superintendent of state prisons. See Article V, 4. By legislature. In general. Lincoln. (1821) 1 : 673-674. (1894) III : 369 ; IV : 554-590. Judges of court of appeals. See Article VI, 11. Justices of supreme court. See Article VI, 11. By mayor. City officers. Convention debates. 1867. IV : 3157-3159. 1894. Ill: 358-370 ( III : 1474-1481 ) . Police officers. 1894. Ill : 372-419 (III : 1482-1509) ; III : 424- 448 (IV: 1513-1526); 111:458-472 (IV: 1532-1539). By provision of law. Certain miscellaneous officers. See Article 10, 7. Clerk of appellate division (by court). See Article VI, 19. Justices of the peace. See Article VI, 17. Eights, Bill of. See Bill of rights Riot Damages from. Lincoln. (1867) 11:294. Convention debates. 1867. V:3257-3260. Salt springs Lincoln. (1867) 11:384. 146 NEW YORK STATE CONSTITUTION ANNOTATED [Part Salt springs State officers Salt springs continued Convention debates. 1867. IV :2426-2433, 2560-2567, 2612-2624; V :3371-3412, 3416-3435, 3769-3770, 3777-3788. 1894. 1:740-757 (1:387-396); 11:575-598 (11:933-945); IV: 420-422 (V:2198-2199). Sectarian charities. See also Church and State Convention debates. 1867. IV :2712-2715. Slavery Lincoln. (1777) 1:553-554. See also IV :305-307. Convention debates. 1821. 167 (Sept. 17), 485-486 (Oct. 19), 497- 498 (Oct. 20). Solicitor of claims Convention debates. 1867. IV :2773-2776. State assessors Lincoln. (1867) 11:360. State finance Government expenses. Convention debates. 1867. 1:796. State debt, payment of. Convention debates. 1846. 951-957 (Sept. 23). 1867. 1 :792-793, 797 ; II :808-809. State debt, restricted as to duration. Convention debates. 1867. 111:1882-1883. State funds, warrant for withdrawal. Convention debates. 1867. 111:1990, 3757. State revenues. Convention debates. 1867. 1:796. State medical board Lincoln. (1867) 11:383-384. Convention debates. 1867. 111:2074-2079; IV :2971-2972 ; V:3321, 3453-3454. State officers Canal auditor. Convention debates. 1867. 111:2035-2038,2345-2347. Police. See Police. Prisons, board of managers. Lincoln. II : 464. Convention debates. 1867. IV : 3182-3200 ; V : 3817-3819. Prison inspectors. Convention debates. 1846. 534-536 (Aug. 6-7). Property, qualifications of. Lincoln. II : 7-9. I] SUPPLEMENTAL NOTES 147 State officers Taxation State officers continued Public instruction, superintendent of. Lincoln. (1867) 11:361. See also 111:545; IV:710, 716. Convention debates. 1867. 2841-2897, 2902-2908. Receiver-general. Convention debates. 1867. V: 3728-3729. Schools, state superintendent of. Lincoln. (1846) 11:137. Convention debates. 1846. 504-505 (Aug. 4). Surveyor-general. Lincoln. .(1846) 11:138. Vacancies, how tilled. See Appointment, power of. State religion. See Church and State Statistics, department of Convention debates. 1867. II : 1285-1286. Stockholders. See Corporations Suffrage In general. Lincoln. (1867) 11:118-119. Convention debates. 1867. 1 : 177-181. Compulsory voting. Lincoln. (1894) 111:131-133. Convention debates. 1894. 1 : 1058-1100 ( II : 556-578 ) . Constitutional regulation. Convention debates. 1867. V : 3557-3558. State authority over. Convention debates. 1867. 1 : 544-545. Superintendent of the poor Lincoln. (1846) 11:208. Superintendent of public instruction Lincoln. (1867) 11:361. See also 111:545; IV:710, 716. Convention debates. 1867. IV : 2841-2897, 2902-2908. Supervisor. See County officers Surveyor-general Lincoln. (1846) 11:138. Suspended sentence Convention debates. 1867. 1:125. Taxation Assessment, method of. Convention debates. 1867. V : 3484-3500, 3757-3762. Basis of. Convention debates. 1867. 111:2261-2263, 2265-2272, 2303- 2340. 148 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Taxation Trusts and monopolies Taxation continued City assessment. Lincoln. (1846) 11:198. County tax. Convention debates. 1846. 1068-1069 (Oct. 7). 1867. Ill :2340. Direct tax. Convention debates. 1846. 951-957 (Sept. 23). Equalization of. Convention debates. 1846. 86 (June 11) ; 969 (Sept. 25) ; 1068- 1069 (Oct. 7). On mortgaged property. Convention debates. 1846. 128-129 (June 22); 175-176 (June 27). Personal property tax. Lincoln. (1867) 11:359-361. Convention debates. 1846. 118-123 (June 20). 1867. 111:1900-1910, 1919-1948, 1951-1954, 1978-1990, 2261-2263, 2265-2272, Power of legislature over. Lincoln. (1894) IV: 308-309. Real property tax. Lincoln. (1867). 11:359-361. Convention debates. 1867. 111:1900-1910, 1919-1948, 1951- 1954, 1978-1990. State tax on counties, apportionment of. Lincoln. (1867) 11:360. System of. Lincoln. (1867) 11:360. Convention debates. 1867. Ill : 2339. Sworn statement for purposes of assessment. Lincoln. (1867) 11:360-361. Convention debates. 1867. V : 3740. State assessors. Lincoln. (1867) 11:360. Uniform rate of. Lincoln. (1867) 11:360-361. Convention debates. Ill : 1900-1910, 1919-1948, 1951-1954, 1978-1990; V: 3757-3762. Test oath As qualification for suffrage. Convention debates. 1867. V : 3530, 3557-3558. Treason Definition of. Lincoln. (1872) 11:474. Trusts and monopolies. See Corporations I] SUPPLEMENTAL NOTES 149 Vacancies in office Women Vacancies in office. See Appointment, power of Voting Compulsory. Lincoln. (1894) III : 131-133. Convention debates. 1894. 1:1058-1100(11:556-578). Water, diversion of. See Niagara river Wills Power of legislature over. Lincoln. (1894) IV: 332. Register of. Convention debates. 1867. V: 3733-3736. Women Married, rights of. Lincoln. (1846) 11:112-114. Convention debates. 1846. 1038-1042 (Oct. 2), 1056-1061 (Oct. 5). INDEX PARTI TEXT IN FORCE APRIL 6, 1915, WITH NOTES INDEX PART I TEXT IN FORCE APRIL 6, 1915, WITH NOTES (For Index to Part II see end of Part II) Academies: Art. Sec. Page support of 9 3 105 Actions: corporations, by or against 8 3 95 death, damages, right to recover not abrogated 1 18 11 not to be affected 1 17 11 Adjournment: consent of both houses requisite 3 11 35 Agricultural land: drainage 1 7 5 grants, limitation on, history note 9 leases of, for longer than twelve years, void 1 13 9 limitation on, history note 9 Alienation of lands: restraints on, void 1 14 9 Aliens: naturalization supp. notes 129 title to land supp. notes 129 Allodial: lands of state are 1 12 8 Amendments: bills, made in either house 3 13 35 prohibited on last reading 3 15 36 constitution, coincident amendments on same subject proposed by convention and legislature and adopted, effect 14 3 126 convention to propose 14 2 124 manner of proposing, legislature 14 1 123 Appeals: commission of supp. notes 137 on questions of procedure, to supreme court. supp. notes 129 Appeals, Court of: see Court of Appeals [153] 154 INDEX [Part Text in force April 6, 1915 Appointment, power of Art. Sec. Page council of appointment supp. notes 129 governor supp. notes 129 governor with consent of senate supp. notes 129 legislature supp. notes 130 mayor supp. notes 130 Apportionment: see also Assemblymen; Senators assembly districts 3 5 28 review by courts 3 5 31 senate districts 3 3 20 alteration 3 4 27 Appropriation laws: claims against state, payment 3 19 40 contents, ' ' riders ' ' not allowed 3 22 41 local or private purposes, two-thirds assent necessary.. 3 20 40 passage, manner 3 25 43 payments within two years 3 21 41 sum to be specified 3 21 41 veto of certain items by governor 4 9 52 Assembly: see also Legislature; Senate adjournment, consent of senate 3 11 35 adjournments during colonial period note 35 bills, majority necessary 3 15 36 districts, formation and reorganization 3 5 28 impeachment, to have power of 6 13 75 journal, to keep and publish 3 11 35 judge of elections, qualifications, etc., of members 3 10 34 meetings during colonial period note 35 members of, acceptance of offices by, to vacate seat 3 8 33 apportionment of 3 5 28 review by courts 3 5 31 chosen by single districts 3 5 28 civil appointments, not to receive 3 7 32 compensation of 3 6 32 election of, assembly to judge of 3 10 34 when to be held 3 9 34 ineligibility of certain persons for 3 8 33 number of 3 2 19 qualifications of, assembly to judge of 3 10 34 speech or debate, not to be questioned for 3 12 35 officers of, to choose 3 10 34 open doors, to sit with, except, etc 3 11 35 quorum of, majority to constitute 3 10 34 rules of proceedings, to determine 3 10 34 speaker, succession to governorship note 51 Assemblymen: apportionment, historical and statistical statement, .note 31 number in each county, statement of rules note 31 population tables note 31 I] INDEX 155 Text in force April 6, 1915 Assemblymen Continued: Art. Sec. Page election, time of, chronological sketch note 34 number, explanation note 19 term, explanation note 19 Assessment: in cities supp. notes 130 method of supp. notes 130 Attorney-general: commissioner of canal fund 5 5 58 commissioner of land office 5 5 58 compensation of . 5 1 54 court of claims, duty in supp. notes 130 election and term of office of 5 2 55 second reference 5 1 54 fees, perquisites, etc., not to receive 5 1 54 member of canal board 5 5 58 powers and duties of 5 6 59 Attorney, District: see District attorney Attorneys: fees . . . . supp. notes 130 qualifications supp. notes 130 Ayes and Noes: appropriation bills, on 3 25 43 bills, final passage of , on 3 15 36 creating debt, on certain 7 4 86 returned by the governor with objections on 4 9 52 constitution, on amendment to 14 1 123 journal, to be entered on 3 15 36 judicial officers, on removal of 6 11 73 Bail: excessive, not to be required 1 5 4 Ballot: elections to be by, except, etc 2 5 17 Banking: see also Savings banks bill holders preferred in cases of insolvency 8 8 97 corporations, formation of, under general laws 8 4 94 history to 1846 > .supp. notes 130 special charter for, not to be granted 8 4 95 specie payment, suspension of, not to be sanctioned... 8 5 96 stockholders, liability of 8 7 96 Banking system: historical sketch in colony and state to 1846 note 95 Bank notes or bills: See also Banking; Specie payment holders, preference in cases of insolvency 8 8 97 registered, and security given 8 6 96 Betting on elections: person to be excluded from voting for 2 2 15 156 INDEX [Part Text in force April 6, 1915 Banks: Art. Sec. Page bills and notes of supp. notes 130 Bill of rights: history footnote 1 history and development of supp. notes 131 necessity for supp. notes 130 Bills: see also Amendments; Legislature amendment 3 13 35 upon last reading prohibited 3 15 36 appropriation, tax and claim, three-fifths assent required 3 25 43 for local or private purpose, two-thirds assent re- quired 3 20 governor's objection to certain items 4 9 riders on, prohibited 3 22 bank, registry 8 6 security for . . 8 6 city bills, determination of note return to legislature or governor note creating debt, ayes and noes necessary 7 4 enacting clause 3 14 historical statement note final passage, assent of majority necessary 3 15 question on 3 15 governor's approval, time for, limitation 4 9 governor 's veto 4 9 introduction, limitation on time supp. notes origin in either house 3 13 passage, manner of 3 15 over governor 's veto 4 9 private and local, inclusion of one subject only, historical basis note manner of passage supp, notes passage prohibited 3 18 restrictions on, historical comment note title 3 16 prohibited in certain cases supp. notes reported by commissioners to revise statutes, certain sections not to apply to 3 23 special city, passage, manner of 12 2 passage without city's approval 12 2 tax, to state tax distinctly 3 24 thirty-day, history note three-fifths assent required on appropriation, tax and claim bills 3 25 43 time for governor's approval, limitation 4 9 52 two-thirds assent required on appropriation for local or private purpose 3 20 40 veto by governor 4 9 52 I] INDEX 157 Text in force April 6, 1915 Bookmaking: see also Gambling; Lotteries; Poolselling Art. Sec. Page prohibited 1 9 7 Borrowing money: see also Debt; Public money assent of people required for 7 4 86 deficits, etc., not exceeding $1,000,000 for 7 2 85- insurrection, to suppress 7 3 85 invasion, to repel 7 3 85 towns, counties, cities and villages, restricted in 8 10 98 second reference 12 1 115 war, for defense of state in 7 3 85 Bounty debt: renewal supp. notes 131 Bribery: see also Officers attempt at 13 3 120 charges of, expenses incurred in investigating 13 6 122 elections, bribery at, prohibited 2 2 15 person accused of, may be witness in own behalf 13 4 121 person attempting, not privileged from testifying 13 3 120 persons guilty of, excluded from right of suffrage 2 2 15 Bridges: building of, private or local bills 3 18 39 canal, appropriations for supp. notes 131 Brooklyn city court: abolition of . , 6 5 67 history note 68 .iudges, for remainder of term supreme court judges 6 5 67 jurisdiction of, vested in supreme court 6 2 64 second reference 6 5 67 records transferred 6 5 67 Buffalo superior court: abolition of 6 5 67 appeals from 6 5 67 history note 68 judges, for remainder of term supreme court judges.... 6 5 67 jurisdiction of, vested in supreme court 6 2 64 second reference 6 5 67 records transferred 6 5 67 Campaign expenses: candidate 's expenses supp. notes 131 Canal board: claims barred by time, audit and allowance prohibited . . 7 6 88 contract, may cancel 7 9 91 members of 5 5 58 powers and duties 5 6 59 Canal commissioners: duties transferred to superintendent of public works 5 3 57 158 INDEX [Part Text in force April 6, 1915 Canal fund, commissioners of the: Art. Sec. Page powers and duties 5 6 59 state officers composing 5 5 58 Canals: see also Public works boats navigating, etc., subject to laws regulating 7 9 91 care and management supp. notes 132 certain, not to be sold, leased or disposed of 7 8 90 construction and improvement, history note 92 contractors, extra compensation not to be made to 7 9 91 relief from oppressive contracts : 7 9 91 contracts for work and materials on 7 9 91 debt supp. notes 132 funds supp. notes 132 from leases or sale of, how applied 7 8 90 improvement of 7 10 92 Main and Hamburg street canal, sale or lease of 7 8 90 revenues supp. notes 132 sinking funds supp. notes 132 state policy, historical sketch note 90 superintendence and repairs of, annual tax for 7 9 91 tolls not to be imposed on 7 9 91 Capital: labor, relation to supp. notes 133 Capital police supp. notes 143 Capital police district supp. notes 133 Capital punishment: abolition supp. notes 133 Capital stock: payment of supp. notes 133 Census: time for taking 3 4 26 Charitable institutions: maintenance 8 14 103 Charities: board of commissioners supp. notes 133 charitable trusts supp. notes 133 sectarian charities supp. notes 133 Charities, state board of: additional powers 8 15 104 inspection of institutions 8 11 101 second reference 8 13 102 legislature to provide for 8 11 101 members, appointment and removal 8 11 101 terms 8 15 104 Church and state supp. note 133 Circuit courts: abolished 6 6 68 actions transferred to supreme court 6 6 68 system in state note 68 . INDEX 159 Text in force April 6, 1915 ities: Art. Sec. Page boards and commissions supp. notes 134 boards of aldermen and audit supp. notes 134 charitable institutions, support 8 14 103 civil service 5 9 6Q classification 12 2 116 common council, minority representation supp. notes 134 condemnation by supp. notes 134 consolidation of supp. notes 134 correctional institutions, provision for 8 14 103 creation by special act 8 1 94 debts, limitation 8 10 98 department heads supp. notes 134 election boards, bipartisan supp. notes 134 elections 12 3 117 use of party names prohibited supp. notes 134 eleemosynary institutions, support 8 14 103 excess condemnation 1 7 5 home rule supp. notes 134 legislative bodies of supp. notes 135 mayor, appointment supp. notes 135 powers supp. notes 135 money or credit, restrictions on loaning power 8 10 98 officers, abolition by legislature supp. notes 135 election or appointment 10 2 108 second reference supp. notes 135 removal supp. notes 135 terms 12 3 117 organization, legislature to provide for 12 1 115 orphan asylums, provision for 8 14 103 police supp. notes 135 powers, restriction by legislature 12 1 115 reformatory institutions, support 8 14 103 special laws, passage 12 2 116 stocks or bonds, not to become owners of 8 10 98 taxation, assessment for supp. notes 135 Citizens: crimes, necessity for indictment 1 6 4 disfranchisement only by law 1 1 1 freedom of speech 1 8 6 not to be twice put in jeopardy for same offense 1 6 4 voters must be 2 1 13 City court: see Brooklyn city court; New York city Civil process: exemption from supp. notes 135 Civil service: appointments and promotions : 5 9 60 employees, pensions for supp. notes 135 160 INDEX [Part Text in force April 6, 1915 Civil service Continued: Art. Sec. Page history in state note 60 preference to veterans 5 9 60 Claims against state: see also Debt damage by canals supp. notes 135 legal disability, effect of 7 6 88 time limitation 7 6 88 Claims, solicitor of supp. notes 135 Claims, State: against corporations supp. notes 135 legislative investigation note 88 Clergy: ineligible to office , supp. notes 136 Clerk of court of appeals: appointment 6 7 69 compensation, how paid 6 19 81 office, place 6 19 81 Clerks of inferior courts: removal 6 17 79 Clerks of supreme courts: county clerks to be 6 19 81 Clerks of counties: see County clerks Codification of laws supp. notes 136 Colonial assembly: money bills, origin note 36 Colonial laws: laws of this state 1 16 10 Colored vote: limitations on note 14 Commissary-Gener.al supp. notes 136 Commission in lunacy: see Lunacy, state commission in Commission of appeals supp. notes 137 Commission of prisons: see Prisons Commissioner of jurors: see Bills, prohibited in certain cases Commissioners, canal: see Canal commissioners Commissioners of the canal fund: see Canal fund, commis- sioners of the Commissioners of the land office: see Land office, commis- sioners of the Commissions: abolition of supp. notes 136 Common law: part of the law of this state 1 16 10 Common pleas: abolished 6 5 67 appeals from 6 5 67 judges to become judges of supreme court 6 5 67 I] INDEX 161 Text in force April 6, 1915 Common pleas Continued: Art. Sec. Page jurisdiction transferred to supreme court 6 2 64 second reference 6 5 67 records, disposition 6 5 67 Common schools: support of 9 1 T64~ second reference 9 3 105 Common school fund: see also Literature fund; United States deposit fund capital, inviolate 9 3 105 income, how applied , 9 3 105 Compensation: county judges 6 14 77 delegates to constitutional convention 14 2 124 governor 4 4 48 justices of supreme court 6 12 74 lieutenant-governor 4 8 51 members of the legislature 3 6 32 state officers, certain 5 1 54 workmen, injury to or death of 1 19 12 Comptroller: canal board, member of 5 5 58 canal fund, commissioner of 5 5 58 clerks of prisons, to appoint 5 4 58 compensation 5 1 54 election 5 1 54 second reference 5 2 55 fees or perquisites, not to receive - 5 1 54 land office, commissioner of 5 5 58 term of office 5 1 54 second reference 5 2 55 Condemnation: by corporations supp. notes 132 excess, by cities 1 7 5 Congress: members of, ineligible to legislature 3 8 33 Congressional delegates: how chosen supp. notes 136 Conscience: liberty of, not to excuse acts of licentiousness 133 Constitution: adopted by convention, submission, control by legisla- ture note 125 amendments, approval by electors 14 1 123 coincident adoption on same subject 14 3 126 majority of each house of next legislature to agree to 14 1 123 majority of each house necessary to propose 14 1 123 manner of proposing 14 1 123 6 162 INDEX [Part Text in force April 6, 1915 Constitution Continued : amendments, approval by electors Continued: Art. Sec. Page publication 14 1 123 when to take effect 14 1 123 analysis of 1777 supp. notes 136 construction, principles governing note 1 convention to revise, constitution or amendments adopted, submission to people 14 2 124 delegates, election, compensation, etc 14 2 124 history of delay in holding, 1894 note 125 history of efforts to call, 1858, 1861, 18G5 note 125 history of movement to call, 1821 note 125 question of holding, when to be submitted 14 2 124 majority of electors voting, necessary for 14 2 124 powers and duties 14 2 124 nature and purpose note 1 submission of 1867, result supp. notes 136 when to take effect 15 1 127 Constitutionality of Laws: See Council of revision Contract labor: in prisons, etc., prohibited 3 29 45 Contractors: extra compensation to, prohibited 3 28 44 second reference 7 9 91 Convention to revise Constitution: see Constitution Convicts: occupation and employment of 3 29 45 history note 45 Cornell University supp. notes 137 Coroners: see County officers Corporate rights or charters: not affected 1 17 11 Corporations: see also Banking; Savings banks actions, by or against 8 3 95 banking, not to be created by special act 8 4 95 bills and notes of supp. notes 132 capital stock, payment of supp. notes 132 condemnation by supp. notes 132 corporators, liability of supp. notes 132 debts of supp. notes 132 definition 8 3 95 dues from, how secured 8 2 94 exclusive privileges, etc., not to be granted to 3 18 39 foreign supp. notes 133 formation 8 1 94 franchises supp. notes 133 free passes, etc., by, prohibited 13 5 121 historical sketch in state, 1783-1846 note 94 I] INDEX 163 Text in force April 6, 1915 Corporations Continued: Art. Sec. Page laws relating to, may be altered 8 1 94 legislative charters, 1783-1846, classified list note 94 liability of stockholders supp. notes 132 minority stockholders, protection supp. notes 1 municipal, restrictions on 8 10 98 second reference 12 1 115 special privileges, restriction supp. notes 133 stockholders, liability supp. notes 132 minority, protection supp. notes 133 names, publication supp. notes 133 trusts and monopolies .supp. notes 133 Council of appointment: see Appointment, power of Council of revision supp. notes 137 veto, discussion note 53 Counties: see also County officers alteration by legislature prohibited supp. notes 137 charitable and correctional institutions, support 8 14 103 debts, restriction on 8 10 98 debts for improvement of highways, sinking fund for, payments to 7 12 93 judges, number, election, etc 6 14 76 local legislation and administration, extending powers of supervisors in 3 27 44 members of assembly, apportionment 3 5 28 money or credit, loan prohibited 8 10 98 officers, election or appointment 10 2 108 seats, location or change 3 18 38 senate districts, not to be divided in forming 3 4 27 sheriff, county not liable for acts of 10 1 107 state tax on supp. notes 137 stock or bonds, not to own 8 10 98 County clerks: election 10 1 107 powers and duties 6 19 81 removal 10 1 107 supreme court, to be clerks of 6 19 81 term 10 1 107 time of election 10 4 109 vacanies, how filled 10 5 109 County courts: see also County judges continuance 6 14 76 historical sketch note 77 powers and jurisdiction 6 14 76 County judges: see also County courts age, restriction as to 6 12 73 associate supp. notes 137 attorney, not to practice as, in counties over 120,000 6 20 82 164 INDEX [Part Text in force April 6, 1915 County judges Continued: Art. Sec. Page compensation of, not to be increased or diminished dur- ing term 6 15 78 county court, may hold in other county 6 14 77 duties 6 14 77 election 6 14 76 eligibility 6 20 82 incumbent in 1894, term of office of 6 14 76 number in each county 6 14 76 referee, not to act as 6 20 82 salary 6 14 77 special judge, election may be provided for , . 6 16 79 surrogate, to act as 6 15 78 term 6 14 76 vacancies , 6 15 78 Oounty officers: compensation supp. notes 137 coroner supp. notes 137 removal by governor, history note 107 superintendent of poor supp. notes 137 supervisor supp. notes 137 treasurer supp. notes 137 Court for correction of errors: dissatisfaction with note 70 Court of appeals: appeals to, when allowed 6 9 71 attendants, appointment 6 7 69 clerk, court to appoint 6 7 69 compensation 6 19 81 office, place of 6 19 81 composition 6 7 69 creation note 70 decisions by, concurrence of four judges necessary 6 7 69 evolution note 70 judges, age restrictions 6 12 73 attorney, not to practice as 6 20 82 chosen by electors of state 6 7 69 justices of supreme court, designation of , as 6 7 69 office of public trust, not to hold other 6 10 72 referee, not to act as 6 20 82 removal 6 11 73 review of decisions made by, not to sit on 6 3 65 term 6 7 69 vacancies 6 8 70 jurisdiction 6 9 71 powers and jurisdiction not suspended for vacancies if there is quorum 6 8 71 quorum 6 7 69 reporter 6 7 69 INDEX 165 Text in force April 6, 1915 Art. Sec. Page Court of chancery supp. notes 138 Court of claims: Attorney-general, duty in supp. notes 130 organization supp. notes 138 procedure supp. notes 143 statute of limitations in supp. notes 138 Court of common pleas: history note 68 Court, supreme: see Supreme court Courts: jurisdiction supp. notes 138 money paid into court, custody supp. notes 138 power to declare laws unconstitutional supp. notes 138 reports, council of law reporting supp. notes 138 uniform procedure supp. notes 144 Courts, circuit: see Circuit courts Courts, county: see County courts Courts, inferior local: see Inferior local courts Courts of conciliation supp. notes 138 Courts of oyer and terminer: abolished 6 6 68 Courts of sessions: abolished 6 14 76 jurisdiction transferred to county courts 6 14 77 Courts of special sessions: jurisdiction 6 23 84 Credit or money of state: see also Debt; Public money loan to individuals, associations or corporations pro- hibited 7 1 84 second reference 8 9 97 third reference 9 4 106 certain institutions excepted 8 9 97 Crime: persons not to be held to answer for unless indicted 1 6 4 Criminal cases: party not to be witness against himself 1 6 4 Criminal law: suspended sentence supp. note 138 Currency: history to 1846 supp. notes 130 Currency system: colony and state, historical sketch to 1846 note 95 Damages: canals supp. notes 132 death, action for, historical statement note 12 riots supp. notes 138 166 INDEX [Part Text in force April 6, 1915 Death: Art. Sec. Page action for, not abrogated 1 18 11 damages, action for, historical statement note 12 no limitation 1 18 11 Death of employees: compensation for 1 19 12 Death penalty: see Capital punishment Debate: legislature, freedom of, secured 3 12 35 Debts: see also Credit or money of state; Public money; State finance approval by people before contracting 7 4 86 bill creating, ayes and noes required 7 4 86 canals, improvement 7 10 92 counties, towns, cities and villages, limitation 8 10 98 deficits or failures in revenues, may be contracted for. 7 2 84 highway improvement 7 12 93 imprisonment for supp. notes 138 invasion, etc., debts to repel, may be contracted 7 3 85 law for contracting, passage, question submitted 7 4 86 repeal 7 4 86 submission to people 7 4 86 when not to be voted on, at general election 7 4 86 legislative power in creation of 7 4 86 moneys arising from loans for casual deficits or failures in revenues, how used 7 2 85 moneys arising from loans creating, how used 7 4 86 municipal corporations, to be restricted in contracting. . 12 1 115 New York city, limitation of 8 10 99 not to be contracted, unless authorized by law 7 4 86 payment, manner of 7 11 92 must be provided for before contracting 7 4 86 power to contract, limited 7 2 84 sinking funds, impairment prohibited 7 5 88 state, limitation supp. notes 146 explanation note 87 historical statement note 85 second reference note 87 payment supp. notes 146 tax for debt incurred not repealable 7 4 86 time for submission to people 7 4 86 Debts: corporation supp. notes 132 obligation of, not to be impaired 1 17 11 Decisions, judicial: publication 6 21 83 Denominational institutions: public money or credit not given to 9 4 106 INDEX 167 Text in force April 6, 1915 District attorneys: Art. Sec. Page election 10 1 107 second reference 10 4 109 removal, by governor 10 1 107 for not prosecuting certain offenses 13 6 122 term 10 1407 District court justices: election in certain cities 6 17 80 Districts: assembly, creation and reorganization 3 5 28 judicial 6 1 61 senate 3 3 20 alteration 3 4 27 Diversion of waters: see Niagara river Divorce: causes for supp. notes 139 granted only by judicial proceedings 1 9 7 Due process of law: person not to be deprived of life, liberty or property without 1 6 4 Duration of office: when not fixed by law 10 3 109 Education: see Schools Elections: see also Electors; Suffrage betting on, persons excluded from voting 2 2 17 boards of, bi-partisan 2 6 18 in cities supp. notes 134 bribery at, prohibited 2 2 15 cities, elections in, when held 12 3 117 conduct of, etc., local legislation prohibited 3 18 39 bi-partisan representation in, historical sketch . . note 18 county officers 10 1 107 governor and lieutenant-governor 4 3 47 justices of supreme court 6 4 66 legislature, members of 3 9 34 registration of voters 2 4 17 secretary of state and other state officers 5 1 54 second reference 5 2 55 supervisors, board of 3 18 38 voting, manner of 2 5 17 Electors: see also Elections; Suffrage disf ranchisement, betting on election 2 2 15 conviction of infamous crimes 2 2 15 offering or receiving bribes 2 2 15 qualifications of 2 1 13 registration of 2 4 17 residence not affected by certain occupations and con- ditions 2 3 16 168 INDEX [Part Text in force April 6, 1915 Eligibility to office: Art. Sec. Page voters eligible to all offices supp. notes 139 Eminent domain: see Condemnation; Property Employees: injury or death, compensation for 1 19 12 Enacting clause of bills: form 3 14 36 historical statement note 36 Engineer: see State engineer and surveyor Enumeration of inhabitants: see Census Erie canal: see also Canals; Public works sale or lease of, etc., prohibited 7 8 90 Escheated lands: release by private or local bill prohibited. . . .supp. notes 139 Escheats: history note 9 when lands escheat to the people 1 10 8 Excess condemnation: right of cities 1 7 5 Executive power: see also Governor vested in governor 4 1 46 Exemptions: from civil process supp. notes 139 Extradition: see Governor Fees: judicial officers, restricted from receiving 6 20 82 public officers, creation or change, local or private legis- lation prohibited 3 18 39 state officers, not to receive to own use 5 1 54 second reference 10 9 111 Feudal tenures: abolished 1 11 8 Fines: land alienation, void 1 14 9 excessive, not to be imposed 1 5 4 Fisheries : international supp. notes 139 Foreign corporations: see Corporations Forest preserve: preservation 7 7 89 state policy, historical sketch note 90 water supply, conservation and regulation 7 7 89 Franchises: corporation supp. notes 133 Free cities: historical reference supp. notes 134 Free schools: support of 9 1 104 second reference . 9 3 105 INDEX Text in force April 6, 1915 169 Freedom of religion: Art. Sec. Page restraint prohibited 1 3 3 Freedom of speech and press: restraint prohibited 1 8 6 Funds: see also Common school fund; Literature fund; Sink- ing fund; United States deposit fund canal supp. notes 132 payments from, by appropriation only 3 21 41 Gambling: see also Bookmaking; Lotteries; Pool-selling history in colony and state note 7 prohibited 1 9 7 Gauging: see also Weighing; Weights and measures offices abolished 5 8 59 Governor: appointing power supp. notes 129 bills, appropriations, certain items, right to veto 4 9 52 approval 4 9 52 within thirty days after adjournment 4 9 52 disapproval by, return with objections 4 9 52 chiefs of staff departments, appointment 11 4 113 commander-in-chief of military and naval forces 4 4 48 when out of state at head of military force 4 6 50 constitutional qualifications, historical statement. . .note 47 county officers, removal 10 1 107 district attorney, removal. .../.. 13 6 122 duties and powers 4 4 48 election 4 3 47 times of, historical statement note 47 emergency message note 37 executive power vested in 4 1 46 executive residence provided 4 4 48 extradition, power of supp. notes 140 filling vacancies, power of supp. notes 140 history of office note 46 ineligible to other office supp. notes 139 judges of court of appeals, appointment to fill vacancy. . . 6 8 70 justices of appellate division of supreme court, designa- tion 6 2 61 justices of supreme court, appointment to fill vacancy.. 6 4 66 laws, to see that they are faithfully executed 4 4 48 legislature, extraordinary sessions, power to convene.... 4 4 48 lieutenant-governor, when to act as 4 6 50 major-generals, appointment 11 4 113 message to legislature 4 4 48 militia officers, to be commissioned by 11 6 114 pardons, reprieves, etc., power to grant 4 5 49 hitorical note note 49 report to legislature yearly 4 5 49 170 INDEX [Part Text in force April 6, 1915 Governor Continued: Art. Sec. Page part of legislative system, discussion note 53 president of senate, when to act as 4 7 50 property qualifications supp. notes 140 qualifications and eligibility 4 2 46 removal of county officers, history note 107 removal power supp. notes 140 salary 4 4 48 speaker of assembly, when to act as 4 7 50 succession to office, historical statement note 50 term 4 1 46 treason, execution of sentence, power to suspend 4 5 49 treasurer, state, suspension of 5 7 59 vacancy 4 6 50 veto, discussion note 53 Grants: see also Land certain, with rents reserved, void 1 13 9 king of Great Britain, made by 1 17 11 Habeas corpus: suspension of writ prohibited, exceptions 1 4 3 Hamilton county: legislature may abolish 3 5 28 member of assembly elected with Fulton county 3 5 28 Highways : improvement, debts 7 12 93 Home rule: see Cities; Municipal home rule Impairment of remedies supp. notes 140 Impeachments: assembly, power 6 13 75 court for trial of, composition 6 13 75 concurrence of two-thirds necessary to convict 6 13 75 members to be sworn 6 13 75 governor, who to act in case of impeachment 4 6 50 historical sketch in state note 75 judgment, extent 6 13 75 judicial officers, effect of preferring articles of impeach- ment against 6 13 75 lieutenant-governor, when not to act as member of court 6 13 75 Imprisonment for debt: see Debt Indians: purchase of lands from, when void 1 15 10 relations with state, history note 10 Indictment: persons not to be tried without 1 6 4 persons convicted on impeachment, liable to 6 13 75 INDEX 171 Text in force April 6, 1915 Infamous crime: Art. Sec. Page persons guilty of, ineligible as electors 2 2 15 persons not to answer for, unless on presentment, etc. . . 1 6 4 Infants: real property, disposition by private or local bill pro- hibited supp. notes 140 Inferior local courts: clerks, removal 6 17 79 establishment 6 18 80 judges, practice as attorney prohibited in certain courts 6 20 82 removal 6 17 79 jurisdiction 6 18 80 Inhabitants: enumeration of, when taken 3 4 26 Initiative and referendum supp. notes 140 Injury to employees: compensation for 1 19 12 Inspection: offices for, abolished 5 8 59 Inspectors of state prisons: see Prisons Insurrection: debt may be created to suppress 7 3 85 Interest: rate, regulation 3 18 38 Intoxicating liquors: see also Bills, private or local sale, regulation of supp. notes 140 Invasion: debt, creation to repel 7 3 85 money raised from contracting, how used 7 3 85 Jails : occupation and employment of convicts 3 29 45 history note 45 Jeopardy: person not to be twice in, for same offense 1 6 4 Journals of legislature: see also Assembly; 'Senate; Legis- lature each house to keep and publish 3 11 35 objections of governor to bills, entry on 4 9 52 yeas and nays, entry on final passage of bills 3 15 36 entry on final passage of bill creating state debt. ... 7 4 86 entry on passage of bill over governor's veto 4 9 52 Judges: see also County judges; Inferior local courts; Judges of the court of appeals; Justices of supreme court age limitation 6 12 73 associate county judge supp. notes 141 attorney, certain judges not to practice as 6 20 82 compensation 6 12 73 172 INDEX [Part Text in force April 6, 1915 Judges Continued: Art. Sec. Page inferior courts, removal 6 17 79 qualifications supp. notes 141 referee, certain judges not to act as 6 20 82 review of cases decided by, not to sit in 6 3 65 Judges of court of appeals: see also Court of Appeals age limitation . . . 6 12 73 attorney, certain judges not to practice as 6 20 82 court of impeachment, members 6 13 75 decision, concurrence of four necessary 6 7 69 eligibility 6 20 82 justices of supreme court, designation of , as 6 7 69 office or public trust, not to hold other 6 10 72 quorum 6 7 69 referee, not to act as 6 20 82 removal 6 11 73 term 6 7 69 vacancy 6 8 70 votes for, other than for judicial office, void 6 10 72 Judges of inferior local courts: see Inferior local courts Judgments: execution of , supp. notes 141 Judicial decisions: publication 6 21 83 Judicial departments: alteration 6 2 63 division of state into 6 2 63 number 6 2 63 Judicial districts: alteration 6 1 61 continuance 6 1 61 new districts 6 1 61 number of justices 6 1 61 Judicial officers: appointment or election 6 18 80 cities, how chosen 6 17 79 fees or perquisites of office, not to receive 6 20 82 local, terms of incumbents 6 22 83 removal, by legislature, history note 73 by senate, history note 73 Judicial system supp. notes 140 Jurors: see also Jury drawing, private or local bills regulating, prohibited 3 18 38 Jurors, commissioners of supp. notes 131 Jury: see also Jurors libel cases, to determine law and fact 1 8 6 private roads, determination of necessity and damage ... 1 7 5 property for public use, to assess value of ". 1 7 5 INDEX 173 Text in force April 6, 1915 Jury Continued: Art. Sec. Page trial by, right secured 1 2 2 waiver in civil cases 1 2 2 Justices of peace: see also Inferior local courts election in cities 6 17 79 election in towns 6 17 79 fees, may receive 6 20 82 number and classification, regulated 6 17 79 removal 6 17 79 term 6 17 79 term of those in office, expiration of 6 22 83 vacancy 6 17 79 Justices of supreme court: see also Supreme court additional justices 6 1 61 age limitation 6 12 73 apportionment 6 1 61 attorney or referee, not to practice or act as 6 20 82 compensation 6 12 73 designation for appellate division 6 2 63 for court of appeals 6 7 69 electors of judicial districts to choose 6 1 61 eligibility 6 20 82 fees or perquisites, not to receive for use 6 20 82 holding court in any county, authority 6 6 68 number in each district 6 1 61 office or public trust, not to hold other 6 10 72 presiding, of appellate division 6 2 63 removal 6 11 73 reporter, power to appoint and remove 6 2 63 review of certain decisions, not to sit in 6 3 65 special terms, to fix 6 2 63 term 6 4 66 vacancies 6 4 66 votes for, other than for judicial office, void 6 10 72 King of Great Britain: grants of land by 1 17 11 Labor: regulation 12 1 115 relation to capital supp. notes 141 Land: see also Property agricultural, drainage of 1 7 5 leases of certain, void 1 13 9 alienation, restraints on, void 1 14 9 allodial, all to be. 1 12 8 allodial tenure, history note 9 174 INDEX [Part Text in force April 6, 1915 Land Continued: Art. Sec. Page escheats 1 10 8 excess condemnation by cities 1 7 5 feudal tenures, abolition, history note 9 forest preserve, to be kept, etc 7 7 89 use for reservoirs 7 7 89 grants by king of England, when void 1 17 11 low lands, drainage, private or local bill prohibited 3 18 38 property rights of people, history note 9 purchases, from Indians, consent of legislature necessary 1 15 10 ultimate property in people 1 10 8 Land office, commissioners of the: powers and duties . . 5 6 59 state officers composing 5 5 58 Larceny, petit: indictment unnecessary 1 6 4 Law and equity: supreme court, jurisdiction 6 1 61 Laws: see also Bills; Codification of laws; Legislature certain, to be submitted to people 7 4 86 codification of supp. notes 136 enacted by bill only 3 14 36 enforcement, duty of governor 4 4 48 existing, how made part of an act 3 17 38 private and local laws prohibited in certain cases 3 18 38 publication 6 21 83 special city laws, passage of 12 2 116 what constitutes laws of state 1 16 10 Lease: agricultural land, time limited 1 13 9 Legislature: see also Assembly; 'Senate; Bills; Laws adjournment, consent of both houses requisite 3 11 35 appointing power supp. notes 130 appropriation for private or local purpose, two-thirds vote necessary 3 20 40 assembling, time 10 6 110 bills, amendment in either house 3 13 35 manner of passage 3 15 36 may originate in either house 3 13 35 cities and villages, organization, to provide for 12 1 115 powers of, to restrict 12 1 115 claims barred by limitation, not to allow 7 6 88 constitutions adopted by convention, submission, power to control note 125 corporations, to create by general laws 8 1 94 debate, freedom, historical note note 35 freedom secured 3 12 35 I] INDEX Text in force April 6, 1915 175 Legislature Continued: Art. Sec. Page elections and qualifications, etc., of members, each house judge of 3 10 34 electors, absent, may provide for voting by 2 1 13 extra session, how called 4 4 48 general laws, to pass 3 18 38 governor and lieutenant-governor, election by 4 3 47 Hamilton county, may abolish 3 5 28 inferior local courts, establishment 6 18 80 journal, each house to keep 3 11 35 judicial departments, alteration 6 2 63 judicial districts, alteration 6 1 61 judicial officers, to direct as to appointment 6 18 80 removal 6 11 73 legislative power vested in 3 1 19 legislative term, when to commence 10 6 110 local legislation, powers of, may confer 3 27 44 members, acceptance of other office vacates seat 3 8 33 civil appointments, not to receive 3 7 32 history note 33 compensation 3 6 32 election 3 9 34 elections and qualifications, judge of 3 10 34 ineligibility of certain persons 3 8 33 qualifications supp. notes 141 power to determine, history note 34 militia, enlistments in, may provide for 11 2 112 officers, mode of choosing, may change 11 5 113 to fix, time for electing 11 5 113 organization and maintenance, to provide for 11 3 112 officers, each house to choose own 3 10 34 removal, to provide for 10 7 110 open doors, each house to keep, exception 3 11 35 pool-selling, to pass laws prohibiting 1 9 7 prisoners, to provide for employment 3 29 45 private claims, not to audit or allow 3 19 40 private or local bills in certain cases, not to pass 3 18 38 public officers, extra compensation, not to allow 3 28 44 quorum 3 10 34 second reference 3 25 43 removal of judicial officers, history note 73 removal power supp. notes 145 right of suffrage, to enact laws excluding persons con- victed of bribery or infamous crime 2 2 15 rules, each house to determine 3 10 34 special city laws, manner of passage 12 2 116 state board of charities, to provide for 8 11 101 state commission in lunacy, to provide for 8 11 101 176 INDEX [Part Text in force April 6, 1915 Legislature Continued: Art. Sec. Page state commission of prisons, to provide for 8 11 101 statutes, publication of 6 21 83 system of free common schools, to provide for 9 1 104 tie vote for governor or lieutenant-governor, to elect. 4 3 47 vacancies in office, to provide for filling 10 5 109 vacancy, to declare what constitutes 10 8 110 workmen's compensation, may provide for 1 19 12 yeas and nays, when necessary 3 25 43 Libel: law and facts, determination by jury 1 8 6 truth as defense 1 8 6 Liberty of conscience: licentiousness, acts of, not to justify 1 3 3 Lieutenant-governor : canal board, member of 5 5 58 canal fund, commissioner of. 5 5 58 casting vote in senate 4 7 50 compensation 4 8 51 in colony and state, historical statement note 51 election 4 1 46 second reference 4 3 47 tie, election by legislature 4 3 47 times of, historical statement note 47 eligibility and qualifications 4 2 46 second reference 4 7 50 governor, trial of impeachment, not to sit 6 13 75 history of office note 46 impeachment court, member 6 13 75 land office, commissioner of 5 5 58 senate, president of 4 7 50 term 4 1 46 vacancy 3 10 34 Life and liberty: deprivation, due process of law necessary 1 6 4 Limitation of actions: claims against state 7 6 88 damages for death 1 18 11 Liquor: see Intoxicating liquors Literature fund: see also Common school fund; United States deposit fund capital, inviolability 9 3 105 revenue, support of academies 9 3 105 Local bills: see also Bills; Laws embrace but one subject 3 16 37 restrictions 3 18 38 subject to be expressed in title 3 16 37 - INDEX Text in force April 6, 1915 Art. Sec. Page ocal judicial officers: see also Judicial officers; Names of various courts in office, expiration of terms of 6 22 83 special county judge, election, duties 6 16 79 special surrogate, election, duties 6 16 79 ocal legislation: supervisors, powers 3 27 44 Local option: see Intoxicating liquors Lotteries: see also Bookmaking; Gambling; Pool-selling history in colony and state note 7 prohibited 1 9 7 Lunacy, state commission in: inspection of institutions 8 11 101 legislature to provide for 8 11 101 members of, appointment and removal 8 12 102 terms 8 15 104 powers 8 11 101 additional 8 15 104 Main and Hamburg Street canal: see also Canals sale or lease 7 8 90 Majority: of each house necessary for a quorum 3 10 34 to pass bills 3 15 35 Married women: rights of supp. notes 141 Mayor: see Appointment, power of; Cities; Kemoval, power of Measures and weights: standard, how supplied 5 8 59 Measuring: offices abolished 5 8 59 Medical board: see State medical board Message: see also Governor governor, communication to legislature 4 4 48 objections to bills 4 9 59 Metropolitan police supp. notes 143 Militia: active service, number 11 3 112 aides-de-camp, appointment 11 4 113 appropriations 11 3 112 armed and disciplined, number 11 3 112 chiefs of staff departments, appointment 11 4 113 enlistments 11 2 112 exemptions 11 1 111 governor, commander-in-chief of 4 4 48 historical sketch in colony and state note 111 178 INDEX [Part Text in force April 6, 1915 Militia Continued: Art. Sec. Page how constituted 11 1 111 major-generals, appointment 11 4 113 officers, how chosen 11 5 113 how commissioned 11 6 114 how removed 11 6 114 mode of choosing, legislature may change 11 5 113 organization and maintenance 11 3 112 Minority representation: common councils supp. notes 134 Minority stockholders: protection, laws for supp. notes 133 Money: see also Banking; Debt; Public money bills and notes issued as money, registration 8 6 96 specie payment, suspension prohibited 8 5 96 Money bills: origin in colonial assembly note 36 Monopolies and trusts: see Corporations Municipal corporations: see also Cities; Counties; Towns; Villages organization, duty of legislature 12 1 115 special acts, creation by 8 1 94 taxation, debt, etc., restrictions 8 10 98 second reference 12 1 115 Municipal home rule: development in colony and state, historical discussion. note 108 general treatment supp. notes 134 Municipalities: incorporation by special laws, movement to prevent, his- tory note 115 Names: change, private bill prohibited 3 18 38 Nassau county: erection, history note 43 National guard: brigade inspector supp. notes 142 commissary-general supp. notes 142 reserve officers supp. notes 142 Naturalization: see Aliens Negro suffrage: limitations on note 14 New York city: aldermen, powers and duties, history note 43 assembly districts 3 5 28 city courts supp. notes 134 court of common pleas abolished 6 5 67 health department supp. notes 142 I] INDEX 179 Text in force April 6, 1915 New York city Continued: Art. Sec. Page judicial department 6 2 63 limitation of indebtedness 8 10 98 officers, election, time 12 3 117 police commissioners supp. notes 142 senate districts 3 3 20 superior court, abolition of 6 5 #?"- history note 68 supervisors, common council to perform duties 3 26 43 Niagara river: waters, diversion of supp. notes 142 Oath: test as qualification for suffrage supp. notes 142 Oath of office: form 13 1 119 Office: clergy ineligible to supp. notes 142 duration of, when not fixed by law 10 3 109 local offices, qualifications for supp. notes 142 United 'States officers, disqualification for state office supp. notes 142 voters, eligibility to all offices supp. notes 142 Officers: see also State officers; Titles of particular offices accepting bribe, felony 13 2 120 attempt to bribe 13 3 120 city, how elected or appointed 10 2 108 compensation 10 9 111 county, how elected or appointed 10 2 108 election not provided for by constitution, legislature to provide 10 2 108 fees, increase only by general laws 3 18 38 felony, when deemed guilty of 13 2 120 free passes, etc., acceptance, etc., by, prohibited 13 5 121 judicial, fees or perquisites prohibited 6 20 82 major-generals, etc., how appointed 11 4 113 militia, how chosen 11 5 113 oath 13 1 119 offering bribe to, felony 13 3 120 passes or franking privileges, acceptance prohibited 13 5 121 removal of, other than local, judicial or legislative 10 7 110 state, additional compensation, not to receive 10 9 111 appointment by governor note 54 election, time of, explanation note 55 fees or perquisites, not to receive 10 9 111 tenure of, when not fixed 10 3 109 town, how elected 10 2 108 vacancies, how filled 10 5 109 term of appointee 10 5 109 180 INDEX [Part Text in force April 6, 1915 Officers Continued : Art. Sec. Page village, how elected 10 2 108 weighing, inspecting, etc., abolished 5 8 59 Oyer and terminer: court of, abolished 6 6 68 Pardons, etc.: governor may grant 4 5 49 governor to report yearly to legislature 4 5 49 treason 4 5 49 Passes: acceptance or use by public officer, misdemeanor 13 5 121 Penitentiaries: labor in, history note 45 Pensions: civil and military service SU PP notes 142 civil service employees supp. notes 142 prohibited except in certain cases supp. notes 142 Personal property taxation: see Taxation Petition: right of, guaranteed 1 9 7 Police: capital police supp. notes 143 capital police district supp. notes 143 commissions supp. notes 143 districts supp. notes 143 frontier police supp. notes 143 generally supp. notes 143 metropolitan police supp. notes 143 officers, how chosen supp. notes 130 removal by governor supp. notes 145 state constabulary supp. notes 143 vacancies, how filled supp. notes 143 Political year: beginning 10 6 110 Pool-selling: see also Bookmaking; Gambling; Lotteries prohibited 1 9 7 Preamble: historical comment note 1 President of senate: see also Lieutenant-governor lieutenant-governor, action as 4 7 50 vote, to have casting, only 4 7 50 pro tern., choice and action 3 10 34 history of office note 34 second reference note 51 succession to governorship note 51 successor to governor 4 7 50 Press: freedom of, secured 1 8 6 I] INDEX 181 Text in force April 6, 1915 Prisons: see also State officers Art. Sec. Page contract labor system abolished 3 29 45 historical statement note 58 inspectors, historical statement note 58 powers and duties transferred 5 4 61 labor in 3 29 49 history note 45 management of supp. notes 143 superintendent, appointment, powers and duties, etc... 5 4 57 state commission of, inspection of institutions 8 11 101 legislature to provide for 8 11 101 members, appointment and removal 8 12 102 powers 8 15 104 Private enterprises: state aid, history note 98 Private or local bills: see also Bills; Laws; Legislature manner of passage supp. notes 131 restrictions on passage 3 18 38 title to state subject 3 16 37 subjects, but one in each 3 16 37 Private property: see also Eminent domain condemnation by corporations supp. notes 143 Private roads: opening, manner of 1 7 5 damages, determination and payment 1 7 & necessity for, determination 1 7 5 Probate courts: see Surrogate's court Procedure: court of claims supp. notes 143 statute of limitations in supp. notes 144 questions of, appealable to supreme court. . . .supp. notes 143 uniform supp. notes 144 Prohibition: see Intoxicating liquors Property: see also Land eminent domain 1 7 5 by corporations supp. notes 132 excess condemnation in cities 1 7 5 private, taking without due process of law prohibited. . 164 taking without just compensation prohibited 164 public, taken for local or private purposes requires two- thirds vote of legislature 3 20 40 use for sectarian schools, restricted 9 4 113 rights, not affected 1 17 11 ultimate, in lands, possessed by state 1 10 8 Public money: see also Debt appropriated, to be paid within two years 3 21 41 borrowed, how used 7 2 84 second reference 7 3 85 third reference 7 4 86 182 INDEX [Part Text in force April 6, 1915 Public money Continued: Art. Sec. Page borrowing, assent of people, when necessary 7 4 86 municipal corporations, restriction on borrowing 8 10 98 second reference 12 1 115 payment without appropriation prohibited 3 21 41 to be made within two years 3 21 41 sectarian schools, use for, restricted 9 4 106 taken for local or private purposes, requires two-thirds vote of legislature 3 20 40 Public works: see also Canals; Highways superintendent, appointment, powers and duties, etc 5 3 06 Punishment: see also Capital punishment cruel or unusual, prohibited 1 5 4 Qualifications: electors 2 1 13 governor 4 2 46 lieutenant-governor 4 2 46 second reference 4 7 50 members of legislature, each house to determine 3 10 34 Quarter sales: void 1 14 9 Question: bill to borrow money, how taken 7 4 86 Quorum: appellate division 6 2 63 court of appeals 6 7 69 legislature 3 10 34 three-fifths, when required 3 25 43 Railroads: commissions, creation of supp. notes 144 consolidation of supp. notes 144 free passes to public officers prohibited 13 5 121 tracks, right to lay, general laws only 3 18 38 Real property: aliens, title to supp. notes 144 infants, disposal by private or local bill. .. .supp. notes 131 taxation of supp. notes 144 transfer of title supp. notes 144 Referendum: see Initiative and referendum Receiver-general supp. notes 144 Reformatories: labor in, history note 45 occupation and employment of convicts 3 29 45 partly or wholly under private control, payments by municipalities 8 14 103 Regents of the University of the State of New York: see University of the State of New York I] INDEX 183 Text in force April 6, 1915 Register in New York city: see Clerk and register, New York city Registration of voters: Art. Sec. Page bi-partisan boards 2 6 18 provisions relating to 2 4 17 Religion: freedom secured 1 licentiousness, not excuse for 1 Remedies: impairment of supp. notes 144 Removal of officers: see also Titles of respective offices county officers, certain 10 1 107 other than judicial, local or legislative 10 7 110 Removal, power of council of appointment supp. notes 144 impeachment supp. notes 144 in general supp. notes 144 governor supp. notes 145 legislature supp. notes 145 mayor supp. notes 145 provisions of law supp. notes 145 Rent and services: certain, saved and protected 1 11 8 Reporter: court of appeals, appointment and removal 6 7 69 supreme court, appellate division, appointment and re- moval 6 2 63 Reports of decisions: council of law reporting supp. notes 138 publication, regulation 6 21 83 freedom of 6 21 83 Reprieves and pardons: see Pardons, etc. Reservoirs: on forest preserve lands 7 7 89 Residence: electors, what constitutes 2 3 1C candidates for governor 4 2 46 certain occupations and conditions not to affect 2 3 16 Resolutions: certain, law of the state 1 16 10 Revenues of canals: see Canals Rights, bill of: see Bill of right* Riot: damages from supp. notes 145 Roads: see also Highways laying out of, etc., general laws only 3 18 38 Rules: legislature, each house to determine own 3 10 34 184 INDEX [Part Text in force April 6, 1915 Sailors: Art. Sec. Page active service in war, vote 2 1 13 preference in civil service appointments 5 9 60 residence 2 3 16 Salt springs supp. notes 145 Savings banks: see also Banks capital stock, not to have 8 4 95 charters, uniformity 8 4 95 profits, trustees not to be interested in 8 4 95 School fund: see Common school fund Schools: compulsory education supp. notes 139 development in colony and state, historical sketch, .note 104 funds, history note 106 sectarian appropriations, historical sketch note 106 sectarian, maintenance by state prohibited 9 4 106 superintendent of public instruction supp. notes 147 system of free common, provision for 9 1 104 university supervision, growth and development, statisti- cal comment note 105 Secrecy of legislative proceedings: when allowed 3 11 35 Secretary of state: commissioner of canal fund 5 5 58 commissioner of land office 5 5 58 compensation 5 1 54 election 5 1 54 fees and perquisites, not to receive. 5 1 .54 member of canal board..... 5 5 58 term 5 1 54 Sectarian charities: see also Church and state.. supp. notes 146 Senate: see also Assembly; Legislature; Senators adjournment, consent of assembly requisite 11 11 35 appointments, advice and consent 5 3 56 second reference 5 4 57 third reference 6 8 70 fourth reference 8 12 102 bills, majority requisite 3 15 36 yeas and nays to be taken 3 15 36 districts 3 3 20 alteration, time, manner 3 4 26 division of counties 3 4 26 population 3 4 26 extra session 4 4 48 freedom of debate 3 12 35 journal, to keep and publish 3 11 35 judge of elections, etc., of members 3 10 34 legislative power, vested in 3 1 19 I] INDEX . 185 Text in force April 6, 1915 Senate Continued: Art. Sec. Page major-generals, consent to appointment 11 4 113 militia, commissioned officers, removal on recommenda- tion of governor 11 6 114 officers, to choose 3 10 34 open doors, to keep 3 11 35 president, president pro tern 3 10 34 second reference 4 7 50 third reference note 34 fourth reference note 51 fifth reference note 51 quorum, majority to constitute 3 10 34 removal of judicial officers note 73 rules of proceedings, to determine 3 10 34 Senators: see also Legislature; Senate acceptance of certain offices vacates seat 3 8 33 appointments, civil, not to receive 3 7 35: apportionment, historical and statistical statement, .note 26 population tables note 2C ratio 3 4 26 compensation 3 6 32 election and qualifications 3 10 34 time of, chronological sketch note 34 elections 3 9 34 impeachments, members of court 6 13 75 ineligibility to office 3 8 33 number 3 2 19 explanation note 19 limitation in any county 3 4 26 two adjoining counties 3 4 26 right to vote for, limitations on note 14 term, explanation note 19 Sheriffs: acts, county not responsible 10 1 107 election 10 1 107 ineligible for next term 10 1 107 for other office 10 1 107 removal 10 1 107 security, default in giving, vacates office 10 1 107 renewal may be required 10 1 107 term 10 1 107 vacancy 10 1 107 Sinking funds: see also Funds canal supp. notes 132 investment 7 5 88 diversion prohibited 7 5 88 highway improvement, creation 7 12 102 counties and towns, payment 7 12 102 management, origin in constitutional commission note 88 186 INDEX [Part Text in force April 6, 1915 Art. Sec. Page Slavery supp. notes 146 Soldiers: active service in war, vote 2 1 13 preference in civil service appointments 5 9 60 right to vote in war time, history footnote 13 Solicitor of claims supp. notes 146 Speaker of assembly: commissioner of land office 5 5 58 governor, when to act as 4 7 50 history note 51 Specie payment: suspension prohibited 8 5 96 Speech: freedom of, secured 1 8 6 legislative debate, members not questioned 3 12 35 State: claims against, audit or allowance of 3 19 40 second reference 7 6 88 limitation of 7 6 88 credit, not to loan 7 1 84 money or credit, not to loan to associations, etc 8 9 97 religious institutions of learning, not to receive 9 4 106 relations with Indians, history note 10 State assessors supp. notes 146 State bank: prohibited supp. notes 132 State board of charities: see Charities, state board of State commission in lunacy: see Lunacy, state commission in State commission of prisons: see Prisons State constabulary supp. notes 143 State debt: see Debt State engineer and surveyor: canal board, member of 5 5 58 commissioner of land office 5 5 58 compensation 5 1 54 election and term 5 1 54 second reference 5 2 55 fees, reception to own use prohibited 5 1 54 practical civil engineer 5 1 54 State finance: debt, payment of. supp. notes 146 restricted as to duration supp. notes 146 funds, warrant for withdrawal supp. notes 146 government expenses supp. notes 146 revenues supp. notes 146 State lands: preservation 7 7 89 State medical board supp. notes 146 I] INDEX 187 Text in force April 6, 1915 State officers: Art. Sec. Page canal auditor supp. notes 132 prison inspectors supp. notes 146 prisons, board of managers supp. notes 146 property, qualifications of supp. notes 146 public instructions, superintendent of supp. notes 147 receiver-general supp. notes 147 schools, state superintendent of supp. notes 47- surveyor-general supp. notes 147 vacancies, how filled supp. notes 147 State prisons: see Prisons State religion: see Church and state State treasurer: see Treasurer, state State treasury: see Treasury, state Statistics, department of supp. notes 147 Statutes: see also Bills; Laws laws of state 1 16 10 publication, legislature to provide for 6 21 83 free for, by any person 6 21 83 Statutory revision commissioners: bills reported by, certain sections not applicable to 3 23 42 Stockholders: see also Corporations corporation, liability 8 2 94 second reference supp. notes 132 banking, liability 8 7 96 Street railroads: construction or operation, laws authorizing 3 18 38 . necessity for, commissioners to determine 3 18 38 Suffrage: see also Elections; Electors compulsory voting supp. notes 147 constitutional regulation supp. notes 147 in general supp. notes 147 proofs of right, how ascertained 2 4 17 right of 2 1 13 exclusions from 2 2 15 limitations on, history note 14 soldiers and sailors in war time, security in 2 1 13 state authority over supp. notes 147 town, meaning, discussion of note 26 woman, history in state note 14 Suits: see Actions Superintendent of poor supp. notes 147 Superintendent of prisons: see Prisons Superintendent of public instruction supp. notes 139 Superintendent of public works: see Public works Superior court of Buffalo: see Buffalo Superior court of New York: see New York city 188 INDEX [Part Text in force April 6, 1915 Supervisors: see also County officers Art. Sec. Page assembly districts, division of counties into 3 5 28 board of, in counties 3 26 43 boards of, power of local legislation 3 27 44 election, local legislation restricted 3 18 38 Supreme court: see also Justices of supreme court appellate division, appeals from 6 9 71 clerks 6 19 81 evolution note 64 jurisdiction 6 2 63 members 6 2 63 presiding justice 6 2 63 quorum 6 2 63 reporter 6 2 63 terms, special 6 2 63 clerks 6 19 81 continuance 6 1 61 decisions, free for publication 6 21 83 reporting, legislature to regulate 6 21 83 departments 6 2 63 districts 6 1 61 jurisdiction 6 1 61 additional 6 5 67 second reference 6 6 68 justices, additional, election of 6 1 61 age, restriction as to 6 12 73 appellate division, designation for 6 2 63 apportionment 6 1 61 assignment to hold special terms 6 2 63 attorney, not to practice as 6 20 82 compensation 6 12 73 history note 74 court of appeals, designation for 6 7 69 election 6 1 61 eligibility 6 20 82 number, increase in 6 1 61 number to reside in each district 6 1 61 office or public trust, not to hold other 6 10 72 powers of, in appellate division 6 2 63 presiding justice of appellate division, designation of 6 2 63 referee, not to act as 6 20 82 removal 6 11 73 review of certain decisions, not to sit in 6 3 65 term of office 6 4 66 vacancies, how filled 6 4 66 members 6 1 61 Surrogates: see also Surrogates' courts attorneys, not to practice as in counties over 120,000 6 20 82 I] INDEX 189 Text in force April 6, 1915 ^Surrogates Continued: Art. Sec. Page courts continued 6 15 78 county judge, acting as 6 15 78 election 6 15 78 eligibility 6 20 82 local officers, election in special cases 6 16 79 salary 6 15 78 separate officer 6 15 78 term of office 6 15 78 vacancies, how filled 6 15 78 second reference 6 16 79 Surrogates' courts: see also Surrogates continuance 6 15 78 historical sketch note 78 jurisdiction 6 15 78 necessity for supp. notes 138 relief, supreme court powers for 6 15 78 Surveyor-general supp. notes 147 Surveyor, state: see State engineer and surveyor Suspended sentence supp. notes 147 Swamps: draining, local or private legislation restricted 3 18 38 Tax: bills, final passage of 3 25 43 three-fifths, quorum for passage 3 25 43 yeas and nays to be taken on passage 3 25 43 bond issue, for payment of 7 4 86 canals, for support of 7 9 91 county and city purposes, restriction for f . . 8 10 98 laws to state object distinctly 3 24 42 state debts, for interest and principal of 7 4 86 Taxation: assessment, method of supp. notes 147 basis of supp. notes 147 city assessment supp. notes 148 counties, state tax on, apportionment of.... supp. notes 148 county tax supp. notes 148 direct tax supp. notes 148 equalization of supp. notes 148 exemptions from, private legislation restricted 3 18 38 mortgaged property supp. notes 148 municipal corporations, restriction on 12 1 115 personal property supp. notes 148 power of legislature over , supp. notes 148 real property supp. notes 148 system of supp. notes 148 sworn statement for purposes of assessment, .supp. notes 148 190 INDEX [Part Text in force April 6, 1915 Taxation Continued: Art. Sec. Page state asessors supp. notes 148 uniform rate of SU PP- notes 148 Telegraph and telephone companies: discrimination in rates to public officers prohibited. ... 13 5 121 Test oath: qualification for suffrage supp. notes 148 Testimony: bribery cases 13 3 120 second reference 13 4 121 equity cases, how taken 6 3 65 public officer receiving free transportation, etc , not priv- ileged from testifying 13 5 121 Thirty-day bills: history note 53 Three-fifths: quorum for passage of certain bills 3 25 43 Town officers: manner of choosing 10 2 102 Towns: see also Municipal corporations charitable institutions, payments to 8 14 103 correctional institutions, payments to 8 14 103 debts, improvement of highways, sinking fund 7 12 93 limitation 8 10 98 eleemosynary institutions, payments to 8 14 103 money or credit, not to loan to individuals, associations or corporations 8 10 98 not to loan to sectarian schools 9 4 106 orphan asylums, maintenance 8 14 103 reformatory institutions, payments to 8 14 103 stocks or bonds, not to become owner 8 10 103 Transportation : free, public officers not to receive 13 5 121 Treason: definition of supp. notes 148 pardon, legislature may grant 4 5 49 reprieve, legislature may grant 4 5 49 sentence, commutation by legislature 4 5 49 suspension by governor 4 5 49 Treasurer, state: canal board, member of 5 5 58 canal fund, commissioner of 5 5 58 compensation 5 1 54 election 5 1 54 second reference 5 2 55 fees or perquisites, receipt prohibited 5 1 54 land office, commissioner of 5 5 58 suspension by governor 5 7 59 I] INDEX 191 Text in force April 6, 1915 (Treasurer, state Continued: Art. Sec. Page term 5 1 54 vacancy 5 7 59 Treasury, state : payment of money, appropriation necessary 3 21 41 Trusts and monopolies: see Corporations Two-thirds: bill returned by governor 4 9 52 change of mode of electing militia officers 11 5 113 passage of certain bills 3 20 40 United States deposit fund: see also Common school fund; Literature fund capital to be inviolate 9 3 105 income, use 9 3 105 University of the State of New York: corporation continued 9 2 105 how governed 9 2 105 regents, number 9 2 105 unification act of 1904, historical statement note 105 Vacancy in office: see also Appointment, power of governor 4 6 50 judges of court of appeals 6 8 70 justices of supreme court 6 4 66 legislature to declare what constitutes 10 8 110 to provide for filling 10 5 109 lieutenant-governor 4 7 50 treasurer, state 5 7 59 Venue: change, general laws only 3 18 38 Veto: see also Governor council of revision's power, discussion note 53 governor 's power 4 9 52 discussion note 53 Villages: see also Municipal corporations bonds and stock, riot to become owners 8 10 98 charitable and eleemosynary institutions, payment to... 8 14 103 debts, restrictions on contracting 8 10 98 incorporation by general laws only 3 18 102 money or credit, restrictions on loaning 8 10 98 second reference 12 1 115 officers, manner of choosing 10 2 108 orphan asylums, provisions for 8 14 103 reformatory and correctional institutions, payment to.. 8 14 103 taxation, powers, restriction 8 10 98 Voters: see also Electors; Suffrage questions submitted, qualifications for, discussion, .note 14 registration, historical statement note 17 residence, 1894 amendment, cause of note 16 192 INDEX [Part I] Text in force April 6, 1915 Votes: Art. Sec. Page certain, for members of legislature, void 3 7 32 Voting: compulsory supp. notes 149 method in state, historical statement note 18 Water diversion: see Niagara river Waters of state: forest preserve, use, reservoirs 7 7 89 Weighing: offices for, abolished 5 8 59 Weights and measures: standards, how supplied 5 8 59 Wills: Power of legislature over supp. notes 149 register of supp. notes 149 Witness: bribery, persons charged, competency 13 4 121 person offering, not privileged from testifying, im- munity 13 3 120 criminal cases, not to testify against himself 1 6 4 detention, not to be unreasonable 154 religious belief, not incompetent on account of 1 3 3 Woman suffrage: history in state note 14 Women: married, rights of supp. notes 149 Workmen : compensation for injury or death 1 19 12 Year: political, and legislative terms 10 6 110 Yeas and nays: see Ayes and noes NEW YORK \\ STATE CONSTITUTION ANNOTATED PART II Amendments to the Constitution Proposed in the Legisla- ture, 1895-1914, Including Those Adopted by the People, Those Submitted to the People but Rejected, and Those Not Submitted to the People PREPARED j UNDER THE DIRECTION OF THE NEW YORK STATE LIBRARY The New York State Constitutional Convention Commission 1915 ALBANY J. B. LYON COMPANY, PRINTERS 1915 INTRODUCTORY NOTE Article XIV of the Constitution provides two methods of sub- mitting proposed changes to the people. One method is through the agency of a constitutional convention (see section 2). The other method is governed by section 1, which reads as follows : Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be en- tered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit each proposed amendment or amendments to the people for approval in such man- ner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. Part II of this work is concerned with the second method of amendment. It gives the text of all amendments proposed in the Legislature from 1895 to 1914, inclusive; the legislative history of these proposals by a reference to the Senate and Assembly journals; and the action of the people on such of these proposals as have been submitted to them. Under each section of the Con- stitution, whatever proposals have been made to amend the section are given in the following order : ( 1 ) Amendments submitted to the people and adopted; (2) Amendments submitted to the people but rejected, and (3) Amendments proposed but not submitted to the people. Under each of these three main heads the proposals are classified under appropriate sub-heads and those of a similar nature are grouped together. The sections of the Constitution as adopted by the people on November 6, 1894, and the amendments to these sections that have since been adopted by them are printed in the same black face iv INTRODUCTORY NOTE [Part II Amendments Adopted and Proposed, 1895-1914 type in order to show clearly the provisions that are now in force, or that have actually been in force for some period since 1894. The changes in these sections are shown by enclosing old matter in brackets and by underlining new matter. All proposals that have not become a part of the Constitution (either because upon submission to the people they were rejected, or because they never reached the stage which permitted them to be submitted to the people) are printed in a different type so that they will not be confused with provisions actually in force. For these proposals, while brackets are used to indicate old matter sought to be eliminated, new matter is indicated by italics. Senate Rule No. 18 provides in part that " all resolutions which propose any amendment of the Constitution shall be treated in the form of proceedings on them, in a similar manner with bills." The Assembly seems to have no rule on this subject, but there also, " proposed amendments of the Constitution are treated in form like bills." (Clerk's Manual for 1915, p. 624.) As the legislative procedure on concurrent resolutions to amend the Constitution is, in general, the same as on bills to change the statute law of the State, these resolutions are printed in the same form as bills and are identified and referred to in the legislative journals by introductory and print numbers. This fact accounts for the form of the annotations which will be found following these proposals as printed in this work. The abbreviation " S " stands for Senate, "A" for Assembly, and " J " for journal. It is believed that the value of this work and facility in using it will be much enhanced by a careful preliminary examination of the table of contents and index, partly because proposals relating to the same general subject of constitutional amendment have not always been referred to the same section or article of the present Constitution. F. D. C. NEW YORK STATE CONSTITUTION ANNOTATED PART II AMENDMENTS ADOPTED AND PROPOSED, 18951914 TABLE OF CONTENTS ARTICLE I, 2 Amendments proposed but not submitted to the people PAGE 1. Verdict by less than full jury 1 2. Waiver of jury trial verdict by less than full jury judgment on appeal : . . . 3 3. Additional jurors to fill vacancies 3 ARTICLE I, 6 Amendment submitted to the people but rejected 1. Excess condemnation 4 Amendments proposed but not submitted to the people 1. Eminent domain for water power development 4 2. Necessity for presentment or indictment eminent domain for water power development 5 3. Necessity for presentment or indictment prosecution of mis- demeanors defendant as witness appeals by people in criminal cases 6 4. Eecall of judicial decisions on constitutional questions 6 5. Workmen 's compensation 7 ARTICLE I, 7 Amendment submitted to the people and adopted 8 Amendment submitted to the people but rejected 1. Condemnation proceedings ascertainment of damages 9 Amendments proposed but not submitted to the people 1. Condemnation proceedings ascertainment of damages 10 2. 'Condemnation proceedings land court in first and second departments 11 3. Drainage of private lands constituted a public use 12 ARTICLE I, 9 Amendments proposed but not submitted to the people 1. Bucket shops buying on margin dealing in futures. 13 2. Purchase or sale of securities on margin 14 3. No discrimination favoring any gambling place 14 vi TABLE OF CONTENTS [Part Article I, 16 Article II, 4 ARTICLE I, 16 Amendment proposed but not submitted to the people PAGE 1. Initiative, referendum and recall 15 ARTICLE I, 19 Amendment submitted to the people and adopted 15 Amendments proposed but not submitted to the people 1. Workmen 's compensation 16 2. Employers ' liability 16 3. Abolishing death penalty 17 4. Natural resources alienation 17 (ARTICLE I, new 20) 5. Lease of state lands 17 6. Minimum wage 17 (ARTICLE I, new 21) 7. Mineral rights IS ARTICLE II, 1 Amendment to be submitted to the people in 1915 1. Woman suffrage 18 Amendments proposed but not submitted to the people 1. Woman suffrage 10 2. Woman suffrage time of residence of citizen by marriage.... 23 3. Woman suffrage residence citizenship 23 4. Woman suffrage eligibility of women to school offices 24 5. Woman suffrage votes of electors in service of state during war 25 6. Eesidence qualification of voters in New York city 25 7. Voting at primaries as qualification for voting at election 26 8 Minority or proportional representation 26 ARTICLE II, 3 Amendments proposed but not submitted to the people 1. Vote of inmates of certain state homes 27 ARTICLE II, 4 Amendments proposed but not submitted to the people 1. Eegistration of absent electors 28 2. Eegistration for all elections 31 3. Personal registration for all elections 31 4. Personal registration of all electors 32 5. Provisional registration 32 6. Conduct of elections corrupt practices 33 7. Election laws and officers.. 33 II] TABLE OF CONTENTS vii Article III, 1 Article III, 6 ARTICLE III, 1 Amendments proposed but not submitted to the people PAGE 1. Initiative and referendum 34 2. Initiative, referendum and recall 45 3. Single legislative body 45 ARTICLE III, 2 Amendments proposed but not submitted to the people 1. Term of assemblymen 4 45 2. Terms of senators and assemblymen 47 3. Additional assemblymen for New York county 47 4. Single legislative body 48 5. Biennial sessions of legislature terms and apportionment of legislators 48 6. Biennial sessions of legislature United States deposit fund.. 48 7. Biennial sessions of legislature terms and salaries of legis- lators appropriations apportionment 48 8. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 48 ARTICLE in, 3 Amendment proposed but not submitted to the people 1. Single legislative body 54 ARTICLE III, 4 Amendments proposed but not submitted to the people 1. Eemoval of restrictions on number of senators in counties 55 2. Formation of senate district by joining Richmond county to portion of New York county 56 3. Formation of senate district by joining Richmond county to portion of New York county additional senators for coun- ties with two or more 57 4. Single legislative body 58 ARTICLE III, 5 Amendments proposed but not submitted to the people 1. Additional assemblyman for New York county 61 2. Single legislative body 64 ARTICLE III, 6 Amendment submitted to the people but rejected 1. Salaries and mileage of senators and assemblymen . 64 Amendments proposed but not submitted to the people 1. Salaries of senators and assemblymen 65 2. Mileage of senators and assemblymen 67 viii TABLE OF CONTENTS [Part Article III, 10 Article III, $ 23 ARTICLE III, 6 Continued PAGE 3. Biennial sessions of legislature terms and salaries of legis- lators appropriations apportionment 67 4. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 67 ARTICLE III, 10 Amendment proposed but not submitted to the people 1. Eules regulating the introduction of bills 68 ARTICLE III, 14 Amendments proposed but not submitted to the people 1. Initiative and referendum 68 2. Initiative, referendum and recall 68 ARTICLE III, 15 Amendments proposed but not submitted to the people 1. Kequiring opinion of court of appeals on pending bills 69 2. Initiative and referendum 69 ARTICLE III, 18 Amendment submitted to the people and adopted 70 Amendments proposed but not submitted to the people 1. Classification of villages, towns and counties general and special village, town and county laws acceptance by village, town or county 71 ARTICLE III, 19 Amendment proposed but not submitted to the people 1. Providing for private claims by general laws 73 ARTICLE III, 21 Amendment proposed but not submitted to the people 1. Eepayment of surplus state money to counties 7-4 ARTICLE in, 22 Amendment proposed but not submitted to the people 1. Biennial sessions of legislature terms and salaries of legis- lators appropriations apportionment 74 ARTICLE in, 23 Amendment proposed but not submitted to the people 1. Bills reported by statutory revision commissioners statement of repealed laws assent of two-thirds of legislature 75 II] TABLE OF CONTENTS ix Article III, $ 26 Article IV, $ 4 ARTICLE III, 26 PAGE Amendment submitted to the people and adopted 75 ARTICLE III, 27 Amendment submitted to the people and adopted 76 Amendments proposed but not submitted to the people 1. County auditor 76 2. Auditing county claims paying claims over auditor 's objection 77 3. Enactment of forest, fish and game regulations by state officers. 77 ARTICLE III, 29 Amendments proposed but not submitted to the people 1. Employment of prisoners 78 2. Allowing wages to prisoners payment to dependents 79 (ARTICLE III, new 30) 3. Restricting legislation as to cities municipal control of public utilities 79 4. General tax 79 5. Contracts of employment workmen's compensation 80 6. Forbidding sex discrimination 80 7. Public service franchises 80 ARTICLE IV, 1 Amendments proposed but not submitted to the people 1. Term of governor and lieutenant-governor , 81 2. Terms and salaries of members of legislature, governor and lieu- tenant-governor short ballot 81 ARTICLE IV, 3 Amendments proposed but not submitted to the people 1. Biennial sessions of legislature terms and apportionment of legislators 82 2. Biennial sessions of legislature United States deposit fund . . 82 3. Biennial sessions of legislature terms and salaries of legis- lators appropriations : apportionment 82 ARTICLE IV, 4 Amendment submitted to the people but rejected 1. Salary of governor 82 Amendments proposed but not submitted to the people 1. Salary of governor 83 2. Short ballot 84 3. Terms and salaries of members of legislature, governor and lieu- tenant-governor short ballot 84 TABLE OF CONTENTS [Part Article IV, $ 5 Article V, 6 ARTICLE IV, 5 Amendments proposed but not submitted to the people PAGE 1. Court of pardons remission of fines 84 2. Biennial sessions of legislature United States deposit fund... 85 ARTICLE IV, 9 Amendments proposed but not submitted to the people 1. Governor to approve or veto bills within ten days 86 2. Initiative and referendum 86 3. Initiative, referendum and recall 86 ARTICLE V, 1 Amendments proposed but not submitted to the people 1. Making certain state officers elective . 87 2. Short ballot 87 3. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 87 ARTICLE V, 2 Amendments proposed but not submitted to the people 1. Short ballot 88 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 88 ARTICLE V, 3 Amendments proposed but not submitted to the people 1. Short ballot 89 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 89 ARTICLE V, 4 Amendments proposed but not submitted to the people 1. Short ballot 90 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 90 ARTICLE V, 5 Amendments proposed but not submitted to the people 1. Short ballot 90 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 90 ARTICLE V, 6 Amendments proposed but not submitted to the people 1. Short ballot 90 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 91 II] TABLE OF CONTENTS xi Article V, $ 7 Article VI, 1 ARTICLE V, 7 Amendments proposed but not submitted to the people PAGE 1. Short ballot 91 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 91 ARTICLE V, 8 Amendments proposed but not submitted to the people 1. Short ballot 91 2. Terms and salaries of members of the legislature, governor and lieutenant-governor short ballot 91 ARTICLE V, 9 Amendments proposed but not submitted to the people 1. Preference to veterans of Spanish-American war 92 2. Additional percentage on ratings of certain discharged soldiers, sailors and marines 93 3. Preference to certain discharged soldiers, sailors and marines. . 95 4. Preference to veterans of Spanish-American war and Philippine insurrection 96 5. Preference to veterans of 'Spanish-American war and Boxer and Philippine insurrections 97 6. Additional percentage on ratings of Spanish-American war vet- erans 98 7. Preference to civil war veterans who were residents of state at time of enlistment 98 8. Preference to veterans according to date of wars 99 9. Preference to certain discharged soldiers, sailors and marines and exempt volunteer firemen 99 10. Preference to war veterans and certain civil service employees. 100 11. Abolition of civil service 101 12. Short ballot 101 13. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 101 ARTICLE VI, 1 Amendment submitted to the people and adopted. . . 102 Amendments proposed but not submitted to the people 1. Additional supreme court justices new judicial district 103 2. Additional justices for supreme court and court of appeals 103 3. Additional supreme court justices assignment of justices 104 4. Increasing or diminishing justices of supreme court 104 5. Trial commissioners to assist supreme court justices in any dis- trict 105 6. Trial commissioners to assist supreme court justices in first and second districts 106 7. Assignment of county judges to assist supreme court justices... 107 xii TABLE OF CONTENTS [Part Article VI, 2 Article VI, $ 7 ARTICLE VI, 2 PAGE Amendments submitted to the people and adopted 109 Amendment submitted to the people but rejected 1. Taking power from appellate division to designate special terms, assign justices in department and make rules 112 Amendments proposed but not submitted to the people 1. Designation of appellate division justices by court of appeals. . 113 2. Designation of appellate division justices by court of appeals appointment of extra special or trial terms 115 3. Designation of appellate division justices by court of appeals powers of appellate division justice within and outside depart- ment 116 4. Jurisdiction of appellate division power to fix times and places of trial terms 118 5. Appellate division to designate times and places of trial terms. 119 ARTICLE VI, 4 Amendments proposed but not submitted to the people 1. Commencement of term of supreme court justices vacancies other than expiration of term 121 2. Court of appeals to fill vacancies in supreme court by appoint- ment until general election 122 3. Elections to fill vacancies in supreme court in odd numbered years extension of term of certain justices 122 4. Appointee to fill vacancy in supreme court of same political party as predecessor 123 (ARTICLE VI, new 5a) 5. Consolidating city court of New York with supreme court 123 ARTICLE VI, 6 Amendments proposed but not submitted to the people 1. Trial commissioners 126 2. Designation of supreme court commissioners to hold trial terms. 127 ARTICLE VI, 7 Amendment submitted to the people and adopted 128 Amendment submitted to the people but rejected 1. Additional judges for court of appeals salaries 129 Amendments proposed but not submitted to the people 1. Second division of court of appeals to relieve calendar 129 2. 'Commencement of term of court of appeals judges 130 3. Additional judges for court of appeals number to sit in any case 131 4. Additional judges for court of appeals number of divisions number necessary to decision quorum 131 II] TABLE OF CONTEXTS xiii Article VI, 8 (Article VI, new $ 24) ARTICLE VI, 8 Amendment proposed but not submitted to the people PAGE 1. Appointments to fill vacancies in court of appeals 133 ARTICLE VI, 9 lendments proposed but not submitted to the people 1. Appeals to court of appeals when allowed 134 2. Appeal directly to court of appeals from final judgments or orders in certain cases 136 3. Governor or legislature may require opinion of court of appeals on questions of law 137 4. Final judgments in court of appeals 137 (ARTICLE VI, new 9a) 5. Opinion of court of appeals on request of governor or either branch of legislature 138 6. Eeport of defects in constitution or statute law to legislature. . . 138 ARTICLE VI, 11 Amendment proposed but not submitted to the people 1. Eemoval and suspension of judicial officers 139 ARTICLE VI, 12 Amendment submitted to the people and adopted 141 Amendment proposed but not submitted to the people 1. Compensation of judges of supreme court and court of appeals. 142 ARTICLE VI, 14 Amendment submitted to the people and adopted 144 Amendment submitted to the people but rejected 1. Additional county judges in Kings county 145 Amendments proposed but not submitted to the people 1. Additional county judges in Kings county 146 2. Additional county judge in Queens county 150 3. Additional county judge in Westchester county 152 4. Additional county judges in Kings and Westchester counties. . . 154 5. Consolidation of Kings county auxiliary court with county court of Kings county 155 (ARTICLE VI, new 24) 6. Additional justices in first district 156 7. Additional justices in second district 157 8. Additional justices in eighth district 158 9. Additional justices in first and second districts 158 10. Additional justices in first, second and eighth districts 159 11. Court of condemnation proceedings 160 12. Courts not to declare statute unconstitutional.. . 160 xiv TABLE OF CONTENTS [Part Article VII, $ I Article VII, $ 7 ARTICLE VII, 1 Amendment proposed but not submitted to the people PAGE 1. Prohibiting appropriation of public money to private use 161 ARTICLE VII, 2 Amendment proposed but not submitted to the people 1. Eight hour day on public work payment of prevailing rate of wages 161 ARTICLE VII, 4 Amendments submitted to the people and adopted 163 Amendments proposed but not submitted to the people 1. Time for payment of state debts 166 2. Time for paying state debts creation of debt when sub- mitted to voters 167 3. Creation of debt submitted to taxpayers 168 4. Permitting legislature to alter tax rate to provide for debt authorized by vote of people 169 5. Initiative and referendum 170 6. Initiative, referendum and recall 170 ARTICLE VII, 7 Amendment submitted to the people and adopted 170 Amendment submitted to the people but rejected 1. Lease, exchange and sale of state land in forest preserve 171 Amendments proposed but not submitted to the people 1. Use of forest preserve for water storage 172 2. Sale of lands in forest preserve 173 3. Use of forest preserve lands for water storage, hydro-electric development and state highways sale and lease of lands removal of dead and down timber 174 4. Cutting of timber, construction of highways and lease and sale of lands within forest preserve 175 5. Sale of lands and removal of dead timber in forest preserve.. . 176 6. Sale, lease or exchange of lands in and cutting of timber on forest preserve in Lewis county 177 7. Sale and removal of soft woods and building of roads in forest preserve 177 8. Removal of dead, burned or fallen timber in forest preserve... 178 9. Exception of certain parts of forest preserve from preservation as wild forest lands removal of dead, burned and fallen timber 178 10. Use of St. Lawrence river and forest preserve for water storage and power development 178 11. Use of forest preserve for conservation and utilization of water. 179 12. Use of forest preserve for water storage or forestation 179 13. Use of forest preserve lands for erection of state tuberculosis sanitarium ... .179 II] TABLE OF CONTENTS xv (Article VII, new 7a) Article VII, $ 12 (ARTICLE VII, new 7a) PAGE 14. Restriction on disposal of water and water rights 180 15. Removal of mature, dead or fallen timber lease of camp sites construction of roads or trails sale of lands outside Adirondack or Catskill parks 180 16. Lease of camp sites in forest preserve 4&1 ARTICLE VII, 8 Amendment submitted to the people but rejected 1. Prohibiting sale of canals, docks, terminals, etc 181 Amendments proposed but not submitted to the people 1. Disposal of canals to United States 182 2. Sale or other disposition of canals 183 3. Abandonment of canals and construction of railroad along beds or banks 183 4. Disposition of Black Kiver canal north of Boonville 135 5. Grants of surplus waters of canals and navigable waters and lands thereunder 186 6. Repeal 189 ARTICLE VII, 9 Amendments proposed but not submitted to the people 1. Legislature to regulate canal tolls 189 2. Abandonment of canals and construction of railroad along beds or banks 190 3. Biennial sessions of legislature United States deposit fund... 190 ARTICLE VII, 10 Amendment proposed but not submitted to the people 1. Abandonment of canals and construction of railroad along beds or banks 190 ARTICLE VII, 11 Amendment submitted to the people and adopted 191 Amendment proposed but not submitted to the people 1. Diversion of waters of Niagara river 191 ARTICLE VII, 12 Amendment submitted to the people and adopted 192 Amendments proposed but not submitted to the people 1. Authorizing state debt for highway improvement other than in cities and villages 193 2. Highways in forest preserve 193 3. Apportionment of highway money 194 4. Increasing highway debt limit to one hundred millions 195 5. Maintenance of highways 196 6. Improvement of interstate highway bridges and tunnels 197 xvi TABLE OF CONTENTS [Part Article VIII, 9 Article IX, $ 3 ARTICLE VIII, 9 Amendments proposed but not submitted to the people PAGE 1. Welfare and safety of workmen workmen's compensation.... 198 ARTICLE VIII, 10 Amendments submitted to the people and adopted 200 Amendments proposed but not submitted to the people 1. Limitation of indebtedness of cities debts for water supply excepted 207 2. Limitation of indebtedness of first class cities debts for water supply excepted 210 3. Limitation of indebtedness of third class cities debts for water supply excepted 212 4. Limitation of indebtedness of counties and cities debts for railroads or docks excepted 214 5. Limitation of indebtedness of counties and cities debts for docks, subways and elevated roads excepted 215 6. Limitation of indebtedness of New York city to fifteen per cent of assessed valuation 217 7. Limitation of indebtedness of New York city certain bonds excepted 219 8. Limitation of indebtedness of New York city debts for sub- ways excepted 223 9. Limitation of indebtedness of New York city debts for sub- ways and docks excepted 224 10. Limitation of indebtedness of New York city debts for rail- roads and docks excepted 226 11. Limitation of indebtedness of New York city debts for rail- roads, docks or other improvements excepted if income suffi- cient to pay interest 230 12. Restricting legislation as to cities municipal control of public utilities 232 ARTICLE VIII, 12 Amendments proposed but not submitted to the people 1. 'Short ballot 232 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 232 ARTICLE VIII, 13 Amendment proposed but not submitted to the people 1. Initiative, referendum and recall 233 ARTICLE IX, 3 Amendment proposed but not submitted to the people 1. Biennial sessions of legislature United States deposit fund.. 233 II] TABLE OF CONTENTS xvii Article X, $ 1 Article X, 9 ARTICLE X, 1 Amendments proposed but not submitted to the people PAGE 1. Terms of office of sheriffs, county clerks, district attorneys and registers 234 2. Governor to appoint sheriffs justices of appellate division to appoint county clerks and registers _234 3. Appointment or election of city officers and county officers in city of New York term : removal 235 ARTICLE X, 2 Amendments proposed but not submitted to the people 1. Civil service appointment of person highest on list 236 2. Appointment or election of city officers and county officers in city of New York term removal 236 ARTICLE X, 3 Amendment proposed but not submitted to the people 1. Initiatfve, referendum and recall 236 ARTICLE X, 4 Amendment proposed but not submitted to the people 1. Appointment or election of city officers and county officers in city of New York term removal 237 ARTICLE X, 6 Amendments proposed but not submitted to the people 1. Biennial sessions of legislature 237 2. Biennial sessions of legislature United States deposit fund.. '237 3. Biennial sessions of legislature terms and apportionment of legislators 237 4. Biennial sessions of legislature terms and salaries of legis- lators appropriations apportionment 238 ARTICLE X, 7 Amendment proposed but not submitted to the people 1. Eemoval of officers for misconduct or malversation in office. . . . 238 ARTICLE X, 8 Amendment proposed but not submitted to the people 1. Initiative, referendum and recall 238 ARTICLE X, 9 Amendments proposed but not submitted to the people 1. Short ballot 239 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 239 xviii TABLE OF CONTENTS [Part (Article X, new $ 10) Article XIII, $ 5 (ARTICLE X, new 10) PAGE 3. Eecall of elective officers 239 ARTICLE XI, 4 Amendments proposed but not submitted to the people 1. Short ballot 241 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 241 ARTICLE XI, 6 Amendments proposed but not submitted to the people 1. Short ballot 242 2. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 242 ARTICLE XII, 1 Amendment submitted to the people and adopted 242 Amendments proposed but not submitted to the people 1. Municipal home rule 243 ARTICLE XII, 2 Amendment submitted to the people and adopted 248 Amendments proposed but not submitted to the people 1. Action of mayor and governor on special city bills 249 2. Special city bill not to become law without approval of mayor. . 251 3. Classification of cities 251 4. Initiative and referendum 252 5. Initiative, referendum and recall 252 6. Municipal home rule 252 ARTICLE XII, 3 Amendments proposed but not submitted to the people 1. Appointment or election of city officers and county officers in New York city term removal 253 2. Municipal home rule 253 (ARTICLE XII, new 4) 3. Bef erendum on street railway franchises 253 4. Eestricting legislation as to cities municipal control of public utilities 253 ARTICLE XIII, 5 Amendment proposed but not submitted to the people 1. Eepeal 254 II] TABLE OF CONTENTS xix Article XIV, $ 1 Article XIV, $ 2 ARTICLE XIV, 1 Amendments proposed but not submitted to the people PAGE 1. Approval of proposed amendments by governor 255 2. Vote of people necessary to ratify amendment proposed by legis- lature : time of submission 255 3. Two-thirds vote of legislature on proposed amendments -857- 4. Two-thirds vote of legislature on proposed amendments time of submission to people vote necessary to ratify amendment. 257 5. Submission of amendments on petition of voters 258 6. Initiative and referendum f 258 7. Initiative, referendum and recall 258 8. Single legislative body 258 ARTICLE XIV, 2 Amendments proposed but not submitted to the people 1. Vote necessary to ratify constitution or constitutional amend- ments submitted by constitutional convention 260 2. Initiative, referendum and recall 261 3. Single legislative body 261 PROPOSALS TO ADD NEW ARTICLE XVI 1. Initiative and referendum 262 COMPOSITE AMENDMENTS Amendments affecting two or more articles or sections proposed but not submitted to the people 1. Initiative and referendum 271 2. Initiative, referendum and recall 293 3. Biennial sessions of legislature terms and apportionment of legislators 310 4. Biennial sessions of legislature terms and salaries of legis- lators appropriations apportionment 311 5. Biennial sessions of legislature United States deposit fund... 314 6. Single legislative body 316 7. Terms and salaries of members of legislature, governor and lieutenant-governor short ballot 319 8. Short ballot 322 9. Appointment or election of city officers and county officers in city of New York term removal 335 10. Restricting legislation as to cities municipal control of public utilities 337 11. Municipal home rule 338 Index .367 NEW YORK STATE CONSTITUTION ANNOTATED PART II Amendments to the Constitution Proposed in the Legislature, 1895-1914, Including Those Adopted by the People, Those Submitted to the People but Rejected, and Those Not Submitted to the People [xxi] NEW YORK STATE CONSTITUTION ANNOTATED PART II Amendments to the Constitution Proposed in the Legislature, 1895-1914, Including Those Adopted by the People, Those Submitted to the People but Rejected, and Those Not Submitted to the People 1 ARTICLE I 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Verdict by less than full jury 2. The trial by jury in all cases in which it has been hereto- fore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases and in all criminal cases not amounting to felony in the manner to be prescribed by law[.]; and in case, after a jury has been empaneled for the trial of any civil or criminal action, not more than two jurors shall die, or, by sickness or some other cause satisfactory to the court, shall be un- able to further attend the trial, the trial may proceed with the ten or eleven jurors, as the case may be, with the same force and effect as if all the jurors had remained; and also, the legislature may provide that when a jury of twelve men in any civil or crim- inal case shall be unable to agree upon a verdict, the judge may, in his discretion, take the verdict of not less than ten of the jurors, and such verdict shall have the same force and effect as if the whole twelve had agreed thereto. 1901. A. No. 638 (Int. 583). A. J. 292. i For explanation of the purpose and plan of Part II of this work, and of the abbreviations used, see introductory note. [i] 2 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, $ 2 2. (Proposal to add the following:) The legislature may pro- vide that in civil actions not less than five-sixths of the jurors of a jury may render a verdict which shall have the same force and effect as if all the jurors concurred therein. 1904. A. No. 1998 (Int. 1395). A. J. 1969. 2. (Proposal to add the following:) The verdict agreed upon by ten jurors in civil cases shall ~be the verdict of the jury, provid- ing the verdict is not unanimous. 1906. A. No. 379 (Int. 360). A. J. 150. 2. (Proposal to add the following:) In all civil causes a verdict may he rendered by the concurrence of tiuo-thirds of the jurors, and in all criminal causes by the concurrence of three- fourths of the jurors. The legislature shall at the next session, by appropriate legislation, provide for carrying this section into effect. 1907. S. No. 114 (Int. 112). S. J. 42. 2. The trial by jury in all cases in which it has been hereto- fore used shall remain inviolate forever ; except that in all civil and criminal cases, other than those wlierein the punishment to be in- flicted is death, the concurrence of three-fourths of the jurors shall be sufficient to return a verdict, provided that, when it is returned by a number less than the wliole jury, it shall be signed by the jurors concurring therein; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. 1909. A. No. 1446 (Int. 1252). A. J. 826. 1910. A. No. 891 (Int. 779). A. J. 458. 2. (Proposal to add the following:) Hereafter, in all civil and criminal cases which shall be tried by jury, three-fourths of the number of jurors sitting in any such case, concurring, shall have the power to render a verdict, and such verdict shall have the same force and effect as though found and returned by all the jurors sitting in said case. 1912. S. No. 320 (Int. 307). (Same as A. No. 382.) 'S. J. 77. A. No. 382 (Int. 372). (Same as S. No. 320.) A. J. 115. ' 2. (Proposal to add the following:) Hereafter, in all civil cases which shall be tried by jury, three-fourths of the number of jurors sitting in any such case, concurring, shall have the power to II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 3 Article I, $ 2 render a verdict, and such verdict shall have the same force and effect as though found and returned by all the jurors sitting in such case. 1914. A. No. 387 (Int. 384). A. J. 148. 2. Waiver of jury trial verdict by less than full jury judgment on appeal 2. The trial by jury in all cases in which it has been hereto- fore used shall remain inviolate forever ; but in all civil cases a jury trial may be waived by the parties and shall be deemed waived [in all civil cases], unless demanded in the manner to be prescribed by law; and in all criminal cases it may be waived in the manner to be prescribed by law. In all civil cases three-fourths of the jury may render a verdict. The legislature may provide that in any or all criminal cases five-sixths of the jury may render a ver- dict. In all cases the legislature may authorize trial by a jury of not less than six, and the jury may consist of any number less than twelve upon which the parties may agree. On appeal any appellate court (except as otherwise provided with respect to the court of appeals) may award final judgment on the record upon the right of any or all of the parties, or judgment of modification, according to justice; or may grant a new trial or further hearing either of the whole case or of any particular issue therein, as to any or all of the parties, as justice may require. 1913. A. No. 822 (Int. 789). A. J. 300. 3. Additional jurors to fill vacancies 2. (Proposal to add the following:) Additional jurors, to attend during a trial to fill vacancies ivhich from any cause may occur on a jury, may be drawn in the manner to be prescribed by the legislature. 1905. S. No. 43 (Int. 43). To A. Amended, A. No. 2030. To S. S. J. 26, 163, 209, 241, 265, 1344. A. J. 409, 2069, 2211, 2243, 2309, 2414, 2441, 2583. 2. (Proposal to add the following:) Additional jurors may be empaneled in the manner to be prescribed by the legislature, to attend upon a trial, to fill vacancies, which from any cause may occur on a jury during such trial. 1906. S. No. 280 (Int. 257). S. J. 103, 257, 489, 500, 739. 1907. A. No. 155 (Int. 155). A. J. 50. 1908. A. No. 208 (Int. 205). A. J. 74. 4 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, $ 6 6. No person shall be held to answer for a capital or other- wise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indict- ment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense ; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Excess condemnation 6. (Proposal to add the following:) When private property shall be taken for public use by a municipal corporation, addi- tional adjoining or neighboring property may be taken under con- ditions to be prescribed by the legislature by general law. Prop- erty thus taken shall be deemed to be taken for public use. 1909. S. No. 216 (Int. 211). (Same as A. No. 362.) S. J. 108. A. No. 362 (Int. 355). (Same as S. No. 216.) A. J. 191. 1910. A. No. 1407 (Int. 1137). To Sec. of State. A. J. 838, 2147, 2245, 2396, 2518, 3677, 3678. S. J. 1213, 1903, 1993, 1994. 1911. S. No. 351 (Int. 202). (Same as A. No. 341.) To Sec. of State. S. J. 85, 140, 440, 810, 1034, 1495. A. J. 2191, 2896, 2900, 2917. A. No. 341 (Int. 340). (Same as S. No. 351.) A. J. 161. Kejected Nov. 7, 1911. Vote: for, 254,095; against, 357,881. (For adopted amendment giving the right of excess condemnation, see Art. I, 7, p. 8.) AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Eminent domain for water power development 6. (Proposal to add the following:) The legislature may, by general laws, provide for the taking, upon just compensation, of private property for the development of sources, conservation or utilization of water or regulation of its flow. 1913. A. No. 538 (Int. 524). A. J. 172. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 5 Article I, 6 2. Necessity for presentment or indictment eminent domain for water power development 6. No person shall be held to answer for a capital or other- wise infamous crime [(except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the con- sent of congress in time of peace, and in cases of petit larceny,' under the regulation of the legislature)], unless on presentment or indictment of a grand jury, and in any trial in any court what- ever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against him- self; nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use, without just compensation. The legislature may, by general laws, provide for the taking, upon just compensation, of private prop- erty for the development of sources, conservation or utilization of water or regulation of its flow. 1912. A. No. 562 (Int. 539). A. J. 166. 6. No person shall be held to answer for a capital or other- wise infamous crime [(except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the con- sent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature)], unless on presentment or indictment of a grand jury, and in any trial in any court what- ever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against him- self; nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use, without just compensation. The legislature may, by general laws, provide for the taking, upon just compensation, of private prop- erty for the construction and maintenance of water storage reser- voir and for the development or conservation or utilization of water or regulation of its floiu. Property so taken shall be deemed to be taken for a public use. 1912. S. No. 1272 (Int. 345). S. J. 92, 661. 6 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 6 3. Necessity for presentment or indictment prosecution of misdemeanors defendant as witness appeals by people in criminal cases 6. No person shall be held to answer for a felony [capital or otherwise infamous crime] (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war, or which this state may keep with the con- sent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature), unless on presentment or indictment of a grand jury. Misdemeanors shall be prosecuted a$ may lie prescribed by law. [And i]Zn any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; [nor shall he be compelled in any criminal case to be a witness against himself ;] nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation. The legislature, however, may author- ize an appeal by the people in any criminal case from a dismissal of the indictment, a direction of acquittal, or from any erroneous ruling or decision of the trial judge in favor of the defendant: Provided that the appellate court may, notivithstanding , affirm the judgment if it consider that no substantial miscarriage of jus- tice has actually occurred. On any appeal in a criminal case the appellate court shall, if it think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (ichether more or less severe) in substitution therefor as it tliiiiks ought to have been passed. 1913. A. No. 824 (Int. 791). A. J. 300. 4. Recall of judicial decisions on constitutional questions 6. (Proposal to add the following:) Provided, however, that nothing contained in this section shall be construed to render void as depriving a person of liberty or property without due process of law, an act of the legislature which is held by the strong and preponderant opinion of the people of the state to be greatly and immediately necessary to the public welfare; and if an act of the legislature, not in conflict with any other provision of this con- stitution, shall be declared by the court of appeals to be void on the ground that it deprives a person of liberty or property without II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 7 Article I, $ 7 due process of law, the question, " Shall chapter (describ- ing the act by the number of its chapter, the year or date of its enactment by the legislature, and its title) become a law?" shall be submitted to a vote of the electors of the state, if not less than two thousand electors in each of five counties of the state shall so petition in writing. Such question shall be submitted to the people,- in the manner prescribed for the submission of constitutional amendments to a vote of the people, at the next general election which is held not less than six months after such decision of the court of appeals and not less than sixty days after the filing of such petition with the secretary of state; and in case a majority of the electors voting thereon shall decide in the affirmative of such ques- tion, the said act shall take effect thirty days after the date of such election; and the constitution shall not thereafter be construed to render void such act or any part thereof, but the said act shall be subject to amendment and repeal the same as other laws. 1913. S. No. 1118 (Int. 998). (Same as A. No. 1416.) S. J. 395. A. No. 1416 (Int. 1306). (Same as S. No. 1118.) A. J. 612. 1914. A. No. 1460 (Int. 1315). A. J. 865. 5. Workmen's compensation 6. (Proposal to add the following:) The legislature shall have power, notwithstanding anything in this article contained, to pro- vide by law for the making by the employer of just and reason- able compensation to workmen for injuries received by them in the course of their employment, ivhether or not any negligence on the part of the employer appear. The legislature may also provide by law for the making by the employer of just and reasonable com- pensation to the next of Jcin of any deceased workman whose death shall be caused in the course of his employment, whether or not any negligence on the part of the employer appear. 1911. S. No. 1158 (Int. 1019). (Same as A. No. 1700.) To A. S. J. 622, 1880, 2215. A. J. 3843, 4179, 4182, 4215. A. No. 1700 (Int. 1424). (Same as S. No. 1158.) A. J. 1335. (For adopted amendment authorizing a workmen's compensation law, see Art. I, 19, p. 15. For other proposals authorizing a workmen's com- pensation law, see amendments proposed to Art. I adding 19, p. 16, and to Art. Ill adding 30, p. 80.) 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation 8 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, $ 7 is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by lav/ ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by the supreme court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. The legislature may authorize cities to take more land and property than is needed for actual construction in the laying out, widening, extending or relocating parks, public places, highways or streets ; provided, however, that the additional land and prop- erty so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 9 Article I, 7 been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. 1912. S. No. 1015 (Int. 723). (Same as A. No. 1410.) To Sec. of State. S. J. 266, 407, 595, 841, 1397. A. J. 1614, 2301, 2304, 2311. A. No. 1410 (Int. 1236). (Same as S. No. 1015.) A. J. 727, 1143, 1207, 1246, 1356, 1382, 1452, 1569, 1701, 1809, 1917, 2080. 1913. A. No. 386 (Int. 383). Substituted for S. No. 249. To Sec. of State. A. J. 118, 1054, 1119, 1144, 1194, 1288, 1568, 3605. S. J. 947, 1878, 2053. S. No. 249 (Int. 244). A. No. 386 substituted. S. J. 69, 1129, 1702, 1878. Adopted Nov. 4, 1913. Vote: for, 424,928; against, 270,467. (For other proposals to give the right of excess condemnation, see amend- ment proposed to Art. I, 6, p. 4.) AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Condemnation proceedings ascertainment of damages 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, by the supreme court with or without a jury or by not less than three commissioners appointed by a court of record, as shall be pre- scribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dikes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. 1910. A. No. 1984 (Int. 25). (Same as S. No. 882.) To Sec. of State. A. J. 33, 758, 1226, 1470, 1559, 1687, 1794, 3678. S. J. 864, 1764, 1905, 1910, 2004. S. No. 882. (Int. 789). (Same as A. No. 1984.) S. J. 487. 1911. S. No. 352 (Int. 204). (Same as A. No. 292.) To Sec. of State. S. J. 85, 140, 440, 592, 752, 1437, 1517, 2472. A. J. 3008, 4043, 4049, 4CS, 4227. A. No. 292 (Int. 291). (Same as S. No. 352.) A. J. 148. Kejected Nov. 7, 1911. Vote: for, 274,846; against, 322,782. 10 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, $ 7 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Condemnation proceedings ascertainment of damages 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by [not less than three commissioners appointed by a court of record] a commissioner or commissioners appointed or elected as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to con- struct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restric- tions and with just compensation, but no special laws shall be enacted for such purposes. 1906. 8. No. 865 (Int. 699). (Same as A. No. 2024.) S. J. 531. A. No. 2024 (Int. 608). (Same as S. No. 865.) A. J. 307, 1833. 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by the supreme court or by a court constituted pursuant to the provisions of section twenty-four of article six of this constitution or by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dikes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. 1909. 'S. No. 493 (Int. 210). (Same as A. No. 1504.) S. J. 107, 301. A. No. 1504 (Int. 354). (Same as S. No. 493). A. J. 191, 750, 876, 927, 1078, 1175, 1228, 1374. To S. S. J. 752. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 11 Article I, 7 1910. S. No. 35 (Int. 35). S. J. 17. 7. When private property shall be taken for any public use the compensation to be made therefor, when such compensation is not made by the state shall be ascertained [by a jury, or by not less than three commissioners appointed by a court of record] byjhe supreme court with or without a jury as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and [the amount of] all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches, and dikes upon the lands of others, under proper restrictions and with just compensa- tion, but no special laws shall be enacted for such purposes. 1910. S. No. 389 (Int. 376). S. J. 160. 2. Condemnation proceedings land court in first and second departments 7. Except as hereinafter provided, [WJwhen private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law[.], provided however,, in the first and second judicial departments of the state, as at present or hereafter constituted, there shall be constituted a land court composed of justices of the supreme court, resident therein, to be designated by the governor to hold such court for such period of service therein as he shall by certificate appoint therein. The said land court shall consist of three jus- tices and the concurrence of two shall be necessary for any award, finding, decision or judgment or upon any other matter coming before the court. The governor may designate that one or more parts of said land court be held and shall designate the justice of such additional part or parts of said court. In proceedings taken under this section the land court of the department wherein the proceedings are instituted shall have exclusive jurisdiction to hear, try and determine all questions arising in or out of the proceedings ivithout regard to the county in which the land or PART II 2 12 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article I, 7 property is situated or in which the owners or parties reside or in which a right or cause of action or claim arose. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and [the amount of] all dam- age to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the ex- penses of the proceeding, shall be paid by the person to be bene- fited. General laws may be passed permitting the owners or occu- pants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dikes upon the lands of others, under proper restrictions and with just compensa- tion, but no special laws shall be enacted for such purposes. 1910. S. No. 94 (Int. 94). S. J. 39, 1717. 3. Drainage of private lands constituted a public use 7. (Proposal to add the following:) and the drainage of private land for the improvement thereof is hereby constituted a public use, for which land may be acquired for just compensa- tion and the expense assessed to the persons or property benefited, by the state or a municipality, under appropriate laws. 1909. A. No. 543 (Int. 279). To Sec. of State. A. J. 161, 308, 945, 1017, 1044, 1052, 1111, 2237. S. J. 613, 823, 921, 1071. 7. (Proposal to add the following:) and the drainage of any swamp or bog, or of any low or wet lands, for the purpose of mak- ing the same available or better fitted for the agricultural, resi- dential or business use of owners or occupants thereof, is hereby constituted and declared to be, of itself, a sufficient public use, for which land or easements therein tnay be acquired, by the state or a municipality, for just compensation and for which the cost of any lands or easements thus acquired and the expense of con- structing and maintaining the necessary drains^ ditches, dykes and other suitable appliances may be assessed against the persons and property benefited, by the state or a municipality, under appro- priate general laws. 1910. S. No. 805 (Int. 744). ('Same as A. No. 2245.) S. J. 435, 1468, 1730, 1743, 1887. A. J. 3495. A. No. 2245 (Int. 1170). (Same as S. No. 805.) A. J. 910, 1827, 1920, 1950, 2082, 2179. S. J. 1065. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 13 Article I, $ 9 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. The drainage of private land for the improvement thereof is hereby constituted a public use, for which land may be acquired for just compensation, and the expense assessed to the persons or property benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, [under proper restrictions, and with just compensation, but no special laws shall be enacted for such purposes.] but the necessity for such drainage and the amount of all damage to be sustained thereby shall be first determined by a jury, or by not less than three commissioners appointed by a court of record, and such amount, together with the expenses of the proceeding, shall be paid by the persons to be benefited. 1913. S. No. 1184 (Int. 1037). (Same as A. No. 1382.) S. J. 440. A. No. 1382 (Int. 1271). (Same as S. No. 1184.) A. J. 608. 9. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book making, or any other kind of gambling hereafter be authorized or allowed within this State ; and the Legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Bucket shops buying on margin dealing in futures 9. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any de- partment thereof ; nor shall any divorce be granted otherwise than 14 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 9 by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, 'bucket-shops, buying of stocks, grain, cotton or produce on margin, or dealing in futures, or any other kind of gambling hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. 1908. A. No. 891 (Int. 770). A. J. 361. 2. Purchase or sale of securities on margin 9. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any de- partment thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; nor shall the purchase or sale of stocks, bonds or any investment securities on margin, or any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state ; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. 1909. S. No. 177 (Int. 175). .'S, J. 67. 1910. S. No. 27 (Int. 27). S. J. 15. 3. No discrimination favoring any gambling place 9. (Proposal to add the following:) but no law shall be en- acted granting or allowing any discrimination of offenses or pen- alties in favor of any place of sale of lottery tickets, pool-selling, book-making, or any other kind of gambling. 1908. S. No. 734 (Int. 611). (Same as A. No. 1566.) S. J. 348. A. No. 1566 (Int. 1228).- (Same as S. No. 734.) A. J. 966. 16. Such parts of the common law, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thou- sand seven hundred and seventy five, and the resolutions of the Congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 15 Article I, 19 make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of elective officers, see p. 293.) AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 19. Nothing contained in this constitution shall be construed to limit the power of the legislature to enact laws for the protec- tion of the lives, health, or safety of employees ; or for the pay- ment, either by employers, or by employers and employees or otherwise, either directly or through a state or other system of insurance or otherwise, of compensation for injuries to employees or for death of employees resulting from such injuries without regard to fault as a cause thereof, except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which may arise under such legislation ; or to provide that the right of such compensation, and the remedy therefor shall be exclusive of all other rights and remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death shall not exceed a fixed or determi- nable sum; provided that all moneys paid by an employer to his employees or their legal representatives, by reason of the ment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the em- ployer. 1912. S. No. 968 (Int. 193). To A. Amended, A. No. 1974. (Same as A. No. 1586.) To Sec. of State. S. J. 50, 378, 624, 1368, 1413. A. J. 1615, 1618, 2033, 2349. A. No. 1586 (Int. 118). (Same as S. No. 968 as amended, A. No. 1974.) To S. A. J. 50, 449, '94'2, 1158, 1261, 1294, 1470, 1492, 1507, 1573. S. J. 950. 16 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 19 1913. S. No. 1521 (Int. 116). (Same as A. No. 409.) To Sec. of State. S. J. 41, 591, 686, 849, 1147, 1148. A. J. 1541, 1927, 2051. A. No. 409 (Int. 407). ('Same as S. No. 1521.) A. J. 121, 1644, 1717, 1808, 1948. Adopted Nov. 4, 1913. Vote: for, 510,914; against, 194,497. (For other proposals authorizing a workmen's compensation law, see amendments proposed to Art. I, 6, p. 7, Art. I, $ 19, next following, and Art. Ill adding 30, p. 80.) AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Workmen's compensation 19. (Proposal to add the following new section:) The legis- lature may require employers, or employers and employees jointly, to make provision for, and to pay reasonable compensa- tion, regardless of fault, to employees on account of injuries suf- fered by them arising out of and in course of the employment, or to the dependents of any such employees dying from such injury. To assure the payment of such compensation the legislature may prescribe or approve methods of insurance which may or may not include the mutual association of persons responsible for, or of persons entitled to such compensation, or both, with or without others. Any employer so insured may be relieved from personal responsibility for such compensation. After the enactment of a compensation law no civil proceeding, other than as authorized by such law, shall be maintainable in respect of any accident covered thereby. In the exercise of the powers herein conferred the legislature shall not be affected by provisions of this constitution requiring trial by jury and forbidding limitation of the amount recoverable in the case of an injury resulting in death. 1912. A. No. 618 (Int. 596). A. J. 176. (For other proposals authorizing a workmen's compensation law, see amendments proposed to Art. I, $ 6, p. 7, and Art. Ill, 30, p. 80.) 2. Employers' liability 19. (Proposal to add the following new section:) The legis- lature shall have power to provide that in every employment involving the rendition of personal service the employer shall be deemed to assume all risk of hazard and injury to the employee in such employment and directly liable therefor, and that such liability cannot be waived. The legislature shall regulate and define the maximum compensation for such injuries. The right to recover under such statutory provision shall be independent II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 17 Article I, 20 of existing remedies, and special proceedings may, in the discre- tion of the legislature, be provided therefor. The legislature may designate dependent persons who shall be entitled to recover such compensation for injuries resulting in death of the employee, in preference to personal representatives of the decedent who might otherwise be entitled to recover the same. 1912. A. No. 247 (Int. 247). A. J. 79. 1913. A. No. 50 (Int. 50). A. J. 39. 3. Abolishing death penalty 19. (Proposal to add the following new section:) The death penalty for the commission of crime is abolished, and every crime now punishable by death, shall hereafter be punished by im- prisonment in a state prison for the offender's natural life. 1900. A. No. 976 (Int. 851). A. J. 537. 4. Natural resources alienation 19. (Proposal to add the following new section:) All lands, mineral rights, water powers, and other natural resources and sources of natural wealth within the state, which are now or may hereafter become the property of the state, shall remain forever the property of the state, and shall not be alienated. 1912. A. No. 1618 (Int. 1375). A. J. 934. 5. Lease of state lands 20. (Proposal to add the following new section :) The lands of the state which are suitable for agriculture or dwellings may be leased or rented to private persons on terms to be fixed by the legislature or by the agents provided by statute for the proper handling of the same; but they shall not ever be permanently alienated from the possession of the state. 1912. A. No. 1618 (Int. 1375). A. J. 934. 6. Minimum wage 20. (Proposal to add the following new section:) The legislature shall have power to pass laws for the establishment, throughout the state, of a minimum wage scale for laborers, and for the creation of a permanent commission to fix the minimum standard of wages paid to all laborers within this state, and to supervise and enforce the same. 1914. A. No. 573 (Int. 562). A. J. 207. 18 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article I, 21 7. Mineral rights 21. (Proposal to add the following new section:) All mineral rights hitherto reserved in contracts, deeds, or instru- ments conveying real estate are abolished and shall be inoperative after January first, nineteen hundred and twenty, and are de- clared to inhere in the state except where such mineral rights have been developed in whole or in part previous to January first, nine- teen hundred and twenty. Persons forfeiting rights to the state under the provisions of this section shall be duly compensated therefor by the state in such manner as the legislature may pro- vide, provided that the claim therefor is filed with the secretary of state on or before January first, nineteen hundred and twenty, which claim shall set forth in detail the damage suffered. 1912. A. No. 1618 (Int. 1375). A. J. 934. ARTICLE II 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this State one year next preceding an election, and the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the peo- ple ; and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for thes return and can- vass of their votes in the election districts in which they re- spectively reside. AMENDMENT TO BE SUBMITTED TO THE PEOPLE IN 1915 1. Woman suffrage 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 19 Article II, 1 of this state one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he or she may offer his or her vote, shall be entitled to vote at such election in the elec- tion district of which he or she shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter majM^e elective by the people, and upon all questions which may be sub- mitted to the vote of the people, provided that a citizen by mar- riage shall have been an inhabitant of the United States for five years; and provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his or her vote by reason of his or her absence from such election district; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1913. S. No. 236 (Int. 5). To Sec. of State. S. j. 11, 36, 45, 61, 76, 100, 101, 116. A. J. 170, 171. 1915. A. No. 13 (Int. 13). (Substituted for S. No. 209.) To Sec. of State. A. J. 30, 110, 133. 175. S. J. 132, 136. S. No. 209 (Int. 189). (A. No. 13 substituted.) S. J. 59, 68, 124. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Woman suffrage 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the- county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military serv- ice of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from 20 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 1 such election district; and the legislature shall have power to pro- vide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1897. S. No. 442 (Int. 412). (Same as A. No. 917.) S. J. 175. A. No. 917 (Int. 799). (Same as S. No. 442.) A. J. 490. 1898. A. No. 181 (Int. 181). A. J. 79. 1906. S. No. 471 (Int. 422). (Same as A. No. 990.) S. J. 219. A. No. 990 (Int. 829). ('Same as S. No. 471.) A. J. 565. 1907. S. No. 125 (Int. 123). (Same as A. No. 190.) S. J. 44. A. No. 190 (Int. 190). (Same as S. No. 125.) A. J. 58. 1908. S. No. 145 (Int. 144). (Same as A. No. 867.) S. J. 47. A. No. 867 (Int. 769). (Same as S. No. 145.) A. J. 361. 1909. S. No. 143 (Int. 142). (Same as A. No. 506.) S. J. 44. A. No. 506 (Int. 271). (Same as S. No. 143.) A. J. 159, 281. 1910. S. No. 24 (Int. 24). (Same as A. No. 349.) S. J. 14, 1764, 1915. A. No. 349 (Int. 333). (Same as S. No. 24.) A. J. 121, 2082. 1911. S. No. 55 (Int. 55). (Same as A. No. 86.) S. J, 32, 578. A. No. 86 (Int. 86). (Same as S. No. 55.) ' A. J. 59, 2009. 1. Every [male]; citizen, except as hereinafter provided., of the age of twenty-one years, who shall have heen a citizen for ninety days, and an inhabitant of this state one year next pre- ceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 21 Article II, 1 district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. The fore- going provisions of this section shall not apply to a female whose citizenship is derived solely by marriage with a citizen and who does not possess like qualifications as are required by law to en- title an alien male person to become a citizen. The legislature shall by law provide the manner in which such qualifications of such female citizen shall be ascertained. No other or further qualifications of such citizen shall be required than are required of a male alien to become a citizen* 1911. S. No. 4 (Int. 4). (Same as A. No. 87.) S. J. 10. A. No. 87 (Int. 87). ('Same as S. No. 4.) A. J. 60, 2009. 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, except that a citizen by marriage only shall have been a resident for five years, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which [he] such citizen may offer his or her vote, shall be entitled to vote at such election in the election district of which he or she shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be [deprived of his vote] prevented from voting by reason of his or her absence from such election district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1912. A. No. 1991 (Int. 573). A. J. 173, 1107, 1253, 1299, 1874, 2119, 2138, 2151. 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this State one year next preceding an election, and for the last four 22 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, I months a resident of the county, and for the last thirty days a resident of the election district in which [he] sucli citizen may offer his *or or her vote, shall be entitled to vote at such election in the election district of which he or she shall at the time be a resi- dent, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be [deprived of his vote] prevented from voting by reason of his or her ab- sence from such election district; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and can- vass of their votes in the election districts in which they respect- ively reside[.] but a citizen by marriage only shall not be entitled to vote,, unless she shall have made it appear to the satisfaction of a court authorized to issue certificates of naturalization that she has resided within the United States five years, within the state or territory where such court is held one year, and that during that time she has behaved as a person of good moral character, attached to the principles of the constitution, and well disposed to the good order and happiness of the same. 1913. A. No. 9 (Int. 9). A. J. 33. 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he or she may offer his or her vote, shall be entitled to vote at such election in the election district of which he or she shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be sub- mitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his or her vote by reason of his or her absence from such election dis- trict ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors So in original. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 23 Article II, 1 may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1913. A. No. 143 (Int. 30). To S. A. J. 36, 53, 66, 75, 111, 113, 123. S. J. 84. 2. Woman suffrage time of residence of citizen by marriage 1. Every [male], citizen of the age of twenty-one years, who shall have been a citizen for ninety days, except that a citizen by marriage only., shall have been a resident of the United States for five years, and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which [he] such citizen may offer his or her vote, shall be enti- tiled to vote at such election in the election district of which he or she shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be [deprived of his vote] prevented from voting by reason of his or her absence from such election district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1911. S. No. 420 (Int. 134). (Same as A. No. 655.) S. J. 59, 176, 1147, 2061, 2142, 2172. A. No. 655 (Int. 620). ('Same as S. No. 420.) A. J. 401, 2009. 1912. S. No. 32 (Int. 32). S. J. 11, 196, 688, 694. 3. Woman suffrage residence citizenship 1. Every [male] citizen of the age of twenty-one years, who shall have been a resident [citizen] for ninety days, and an in- habitant of this State one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not else- where, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the 24 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 1 vote of the people, provided that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived ol his vote by reason of his absence from such election district ; and the legis- lature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1895. A. No. 2600 (Int. 437). (Same as S. No. 235.) To Sec. of State. A. J. 127, 200, 866, 929, 1150, 1261, 1262, 3000, 3069, 3149, 3151, 3163, 3258, 3869. S. J. 713, 964, 1135, 1257, 1364, 1515. .8. No. 235 (Int. 189). ('Same as A. No. 2600.) S. J. 98, 124, 277. 4. Woman suffrage eligibility of women to school offices 1. Every [male] citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to tne vote of the people, provided that in time of war no elector in the actual mili- tary service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the legislature shall have power to provide the manner in which, and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. The legislature may confer upon the female citizens of any city of the state who have the qualifications as to age and residence required herein for male electors the right to vote in the election districts of which they shall at the time be residents and not elsewhere, for, and make them eligible to, the office of school commissioner and school trustee and every other office heretofore or hereafter created, which shall confer upon the officer elected power to manage and control any public school or schools. 1904. S. No. 166 (Int. 166). S. J. 51, 1261. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 25 Article II, $ 1 5. Woman suffrage votes of electors in service of state during war 1. Every [male] citizen at the age of twenty-one years or over, who shall have been a citizen for ninety days, and an in- habitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the elec- tion district of which he shall at the time be a resident, and not elsewhere, for all officers, that now [are] or hereafter may be elective by the people, and upon all questions which may be sub- mitted to the vote of the people, provided that in time of war no elector in the actual [military] service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their vote[s] in the election districts in which they respectively reside. 1912. A. No. 377 (Int. 367). A. J. 110. 6. Residence qualification of voters in New York city 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, except that in the city of New York, he shall have been for the last four months a resident of the city of New York, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, pro- vided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the legislature shall have power to provide the manner in which and the time and place at which such absent 26 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 1 electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. 1911. S. No. 504 (Int. 470). (Same as A. No. 760.) S. J. 218, 628, 813, 932. A. No. 760 (Int. 698). (Same as S. No. 504.) A. J. 446. 7. Voting at primaries as qualification for voting at election 1. Every male citizen of the age of twenty -one years, who shall have heen a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; and upon all questions which may be submitted to [thej a vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. The legislature may provide, ~by appropriate laivs, that any person who has enrolled as a member of a political party, so as to entitle him to vote at the primaries of such party, who fails to vote at the primary held next prior to a general elec- tion shall be disqualified to vote at such general election. 1909. A. No. 668 (Int. 627). A. J. 359. 8. Minority or proportional representation 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; and upon all questions which may be submitted to the vote of the peoplef,]; the legislature may, however, enact laws which, in elections by the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 27 Article II, 3 people, for offices in municipal or public corporations or any class of such corporations, shall provide for minority or proportional representation in such elections. [p]Provided that in time of war no elector in [the] actual military service of the state or of the United States, in the army or navy thereof, shall he deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election dis- tricts in which they respectively reside. 1897. S. No. 1012 (Int. 591). (Same as A. No. 1709.) S. J. 345, 622, 639, 643. A. No. 1709 (Int. 957). (Same as S. No. 1012.) A. J. 787, 1688, 1741, 1761, 1794, 1832. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or ab- sence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas ; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public ex- pense, or by charity ; nor while confined in any public prison. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Vote of inmates of certain state homes 3. (Proposal to add the following:) The legislature may, however, provide that an inmate of the New York state soldiers' and sailors' home and of the New York State Women's Relief Corps Home, who possesses the qualifications prescribed by section one of this article, except the qualification of residence, and who has been an inmate of such home for such a period of time as would have qualified him to vote in the election district in which such home is located if he had resided therein for such period, may vote for officers of the state or of the United States in the election district or districts in which such home is located, but an inmate so voting in such election district shall not vote in any other elec- tion district of the state. 1907. A. No. 1858 (Int. 1271). To Sec. of State. A. J. 920, 1350, 2147, 2250, 2276, 2327, 2400, 4008. S. J. 1207, 1914, 2181. 3. For the purpose of voting no person shall be deemed to have gained or lost a residence, by reason of his presence or 28 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, 4 absence, while employed in the service of the United States ; nor while engaged in the navigation of [thej waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning; nor while kept at any almshouse, or other [asylum, or] institution wholly or partly supported [at] by public expense or by charity ; nor while confined in any public prison. The legislature may, however, provide that an inmate of the New York state soldiers and sailors' home, who possesses the qualification of residence, and who has been an inmate of such home for such a period of time as would have qualified him to vote in the election district in which such home is located if he had resided therein for such period, may vote for officers of the state or of the United States in the election district or districts in which such home is located, but an inmate so voting in such election dis- trict shall not vote in any other election district of the state. 1909. A. No. 500 (Int. 477). A. J. 265, 307, 325, 366, 446, 929. 1911. A. No. 772 (Int. 705). A. J. 467. 4. Laws shall be made for ascertaining,, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby estab- lished, and for the registration of voters ; which registration shall be completed at least ten days before each election. Such regis- tration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding State enumeration of inhabitants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Registration of absent electors 4. Laws shall be made for ascertaining, by proper proofs, the citizens who, shall be entitled to the right of suffrage hereby estab- lished, and for the registration of voters ; which registration shall be completed at least ten days before each election. Such regis- tration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 29 Article II, 4 state enumeration of inhabitants, voters shall be registered upon personal application only[;], except that where registration is permitted on two or more days the legislature may provide, that on the next to the last day of registration a duly qualified elector who is not in the election district on such day may be registered on the presentation to and filing with the inspectors proof in writing of his qualification as such elector, personally sworn to by him within thirty days next preceding such election,, and certified in the same manner as deeds entitling them to be recorded; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters. 1904. A. No. 642 (Int. 573). A. J. 294. 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby estab- lished, and for the registration of voters ; which registration shall be completed at least ten days before each election. Such regis- tration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding State enumeration of inhabitants, voters shall be registered upon personal application only; [but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters.] except that the legislature shall provide by law for the registration, without personal application,, of electors unable to make such application on account of physical inability, or neces- sary absence from the county and city of their residence, pro- vided the county court of such county or the supreme court of the judicial district embracing such county shall upon satisfactory proof make an order directing siidi registration. 1904. A. No. 1536 (Int. 480). To S. A. J. 236, 1184, 1341, 1408, 1562, 1606, 1653. S. J. 895, 1309. 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby estab- lished, and for the registration of voters; which registration shall, except as herein otherwise provided, be completed at least ten days before each election. Such registration shall not be required for 30 NEW YOKE STATE CONSTITUTION ANNOTATED [Part Article II, 4 town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, ac- cording to the last preceding state numeration of inhabitants, voters shall be registered upon personal application only[;], ex- cept that the legislature may, by laws imposing such restrictions and conditions as it may deem appropriate, permit absent em- ployees of the United States, residing in such cities or villages, to register personally on the day of election without previously apply- ing in person on the usual registration days; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters. 1910. S. No. 563 (Int. 525). (Same as A. No. 1178.) S. J. 298. A. No. 1178 (Int. 739). (Same as S. No. 563.) To S. A. J. 405, 624, 662, 683, 755, 785, 832, 847, 849. S. J. 399. 4. (Proposal to add the following:) Provided that no elector shall lose his right to vote because temporarily absent on the last day of registration, from the city or village wherein he resides, and the legislature shall have power to provide the man- ner in which such absent electors may register. 1913. A. No. 58 (Int. 58). To S. A. J. 43, 1644, 1715, 1808, 1938, 2004, 2191. S. J. 1203. 1914. A. No. 1406 (Int. 1272). A. J. 794. 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhabitants, voters shall be registered upon personal application only; provided, however, that commercial travelers during their absence from home in the performance of their duties and students absent from home and attending college and electors who are, by reason of illness, incapable of appearing in person to be registered, may, by appropriate laws to be enacted by the legislature, be permitted to register by affidavit. In the case of commercial travelers and students, such affidavit shall be made II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 31 Article II, 4 by two electors residing in the election district, and in the case of electors incapacitated by illness shall be made by a physician and one elector residing in the election district, [but voters] Voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters. 1913. S. No. 1318 (Int. 1143). (Same as A. No. 1722.) S. J. 492. A. No. 1722 (Int. 1549). (Same as S. No. 1318.) A. J. 891. 2. Registration for all elections 4. Laws shall he made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be completed at least ten days before each election. [Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhabitants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters.] 1910. S. No. 228 (Int. 226). (Same as A. No. 368.) S. J. 83. A. No. 368 (Int. 353). (Same as S. No. 228.) A. J. 124. 1911. S. No. 1944 (Int. 1524). S. J. 1644. 3. Personal registration for all elections 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be upon personal application only and shall be completed at least ten days before each election. [Such registration shall not be required for town and village elections except by express pro- vision of law. In cities and villages having five thousand inhabit- ants or more, according to the last preceding state enumeration of inhabitants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not 32 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article II, $ 4 be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters]. 1911. A. No. 2605 (Int. 990). A. J. 733, 3940, 4102, 4174. 4. Personal registration of all electors 4. Laws shall be made for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. [In cities and villages having five thousand inhabitants or more, according to the last preceding- state enumeration of inhabitants, voters] Voters shall be registered upon personal application only[; but voters not residing in such cities or villages shall not be required to apply in person for regis- tration at the first meeting of the officers having charge of the registry of voters],. 1911. S. No. 980 (Int. 868). S. J. 529. 5. Provisional registration 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be completed at least ten days before each election[.], ex- cept that upon the filing of such sworn proofs as shall be required by law, electors may be registered provisionally; which provisional registration shall not be effective unless such electors shall appear in person previous to election day before the officers having charge of the registry of voters. Such registration shall not be required for town and village [elections] electors except by express pro- visions of law. In cities and villages having five thousand inhab- itants or more, according to the last preceding state enumeration of inhabitants, voters shall be registered upon personal applica- tion only ; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters. 1904. A. No. 1186 (Int. 954). A. J. 836, 1970, 2069. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 33 Article II, 7 6. Conduct of elections corrupt practices 7. (Proposal to add the following new section:) The legis- lature shall enact laws declaring the uses which may be lawfully made of money or other valuable things, and the amounts in which they may be lawfully used, by or on behalf of any person, to promote his nomination for or election to public office, or _on_ account of or in respect of the conduct or management of any public election within this state. The use or promise of money or any other valuable thing to promote the nomination or election of any person to public office, or on account of or in respect of the conduct or management of any public election within this state, otherwise than is expressly authorized by such laws is prohibited; and any person by whom, or by or with whose procurement, con- nivance or consent, or for whose benefit, the same is so used or promised, shall, if elected, forfeit his office, and shall be subject to such other penalties as the legislature shall from time to time determine. The legislature shall enact laws prescribing the courts and the procedure by which such questions may be speedily tried upon the suit of any elector. 1905. A. No. 90 (Int. 90). A. J. 49. 1906. A. No. 18 (Int. 18). A. J. 24. 7. Election laws and officers 7. (Proposal to add the following new section:) All laws relating to registration and qualification of voters, primary elec- tions and officers charged with the duty of enforcing the laws relating to elections, registration and primaries, shall be uniform and of universal application throughout the state. All officers hereafter created to enforce any of the election, primary or regis- tration laws shall consist of an even number, and shall secure equal representation of the two political parties, which at the last preceding state election, at which a governor was elected, cast the highest and next highest number of votes. All such officers shall be appointed or elected for the entire state, and in such manner, and upon nomination of such representatives of said parties re- spectively, as the legislature may direct. 1911. S. No. 1945 (Int. 1525). S. J. 1644. 34 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 1 ARTICLE III 1. The legislative power of this State shall be vested in the Senate and Assembly. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative and referendum 1. (Proposal to add the following:) and in addition thereto shall be vested in the electors qualified to vote for governor. a. The right to propose amendments to this constitution and measures for the governance of the whole state, shall (in addition to being exercised by members of the legislature) be vested in any five per centum of the voters of the state qualified to vote for governor; and the right to propose measures for the governance of any municipal division of the slate (such as county,, city, town, township, borough, village, and so forth), shall in like manner (in addition to being exercised by members of the legislative body or bodies thereof}, be vested in any five per centum of the voters of any such municipal division qualified to vote for the chief execu- tive or executives of such division. b. The right to reject or to approve any measure for the govern- ment of the whole state, which shall have been passed by the legis- lature, or proposed and submitted by either house thereof or by the required number of voters under the provisions of this article, shall be vested in the voters qualified to vote for governor. The right to reject or to approve any measure for the governance of any municipal division passed by the legislature, or by the legis- lative body or bodies of any such division, or proposed by the voters of such division, shall be vested in the voters of the municipal division affected thereby qualified to vote for chief executive or executives of such division. The exercise of the right of rejection or approval hereunder shall take place whenever any five per centum of the voters qualified to vote thereon shall, according to the provisions of this article, demand a submission to direct vote of the voters of any such measure or amendment to this constitu- tion. c. Whenever any amendment to this constitution, or any meas- ure whatsoever, shall be submitted to the voters of the state, or of any municipal division thereof, for rejection or approval by them, the same shall become law if the official canvass of the ballots for II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 35 Article III, $ 1 and against the same shall show that more persons have voted for than have voted against the enactment thereof. d. The legal designation of the exercise of the right of proposal under the provisions of this article shall be " the initiative; " and the legal designation of the exercise of the right of rejection or approval thereunder shall be " the referendum." e. All demands for the referendum shall be written or printed,, and shall, when demanding submission of measures already en- acted by the legislature or by the legislative body or bodies of any municipal division, refer to the same by title, chapter,, and num- ber, or such other official designation as such measure may bear, and shall in all other cases contain the full text of such measure or proposed amendment to this constitution. Such demands made by voters, shall be signed by at least five per centum of the voters qualified to vote thereon, and all demands for the referendum whatsoever shall, in the case of all matters to be submitted to the voters of the whole state, be fled with the secretary of state, and, in the case of matters to be submitted to the voters of any munic- ipal division thereof, with the officer of such division acting as its clerk or recording officer. The percentage of voters whose signa- tures are required to make any such demand legal and mandatory shall, in the case of those filed with the secretary of state, be com- puted upon the votes cast for governor at the last election preceding the filing thereof, and, in the case of demands filed with the clerk of any municipal division upon the votes cast for the chief execu- tive thereof at the last election therefor. f. The legislature may, by a three-fourths vote of all the mem- bers elected to each branch thereof, declare certain bills to "be urgent, and such bill so declared to be urgent unless otherwise explicitly stated therein when approved by the governor, shall take immediate effect; but the legislature shall have no power to declare bills to be urgent except those relating solely to the im- mediate preservation of the public safety, of the public 'peace, or of the public health. g. Bills passed by the legislature other than those declared to be urgent, and which shall become law with or without the approval of the governor, shall go into effect at twelve o'clock noon of the ninetieth day after the final adjournment of the legislature passing the same, excluding the day of adjournment, or at such later date as may be expressly, stated in the bill; but if a demand for the 36 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article III, 1 referendum upon any such bill shall,, prior to such hour, be filed with the secretary of state, the same shall not take effect until approved ~by the voters. h. Either branch of the legislature may, of its own motion, by resolution passed by a vote therefor of a majority of all the mem- bers elected thereto, provide for the submission to the voters of the state of proposed amendments to this constitution, or of any measure introduced in, pending before, or passed by it, or of any question upon which it may desire the instructions of such voters; and in like manner any legislative body, board, or council of any municipal division of the state may, of its own motion, by resolu- tion, provide for the submission to the voters of such municipal division, or to the voters of any subdivision thereof, of any measure introduced in, pending before, or passed by it, or of any question upon which such body may desire the instructions of such voters, and upon the filing of any such resolution of either branch of the legislature with the secretary of state, or of any such resolution of any legislative body, board, or council of any municipal division, with the cleric of such division, the same shall have the same force and effect as a demand for the referendum filed by voters. i. All proposed amendments to this constitution, and all meas- ures whatsoever, demand for the submission of which to the voters shall have been in due form filed with the proper officer, shall be by him published in full, according to law, and submitted to the voters qualified to vote thereon at the first election held after the expiration of thirty days from the filing with him of such demand, in accordance with the laws relating to elections and to such sub- missions. j. No measure shall be enacted, except by a direct vote of the voters, which shall in any manner alter, modify, repeal, or render nugatory, any measure whatsoever which has been enacted by a direct vote of the voters, nor which shall embody substantially the same principle as any measure which has theretofore been sub- mitted to a vote of the voters and has by them been rejected. Tc. Except in the case of amendments to this constitution, the enacting clause of all measures submitted to the voters of the whole state shall be ' The people of the state of New York, by direct vote, do enact as follows; ' and it shall be the duty of the secretary of state to see that such clause is correctly worded in all measures submitted to him, and correction of such enacting clause may be made by him after as well as before submission to the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 37 Article III, $ 1 voters, and to all such amendments to this constitution so adopted, and to all measures whatsoever so enacted by direct vote of the voters of the whole state., he shall add, immediately below the title thereof, the date of the election at which the same was adopted or enacted, the number of votes cast for and against the same, and the date of the filing in his office of the certificate of the board of state canvassers showing the result of the vote thereon, and, unless otherwise explicitly stated in the amendment or measure, the time of the going into effect of all amendments to this constitution so adopted, and of all measures so enacted by direct vote of the voters of the state, shall be twelve o'clock noon of the date following the filing in the office of the secretary of state of such certificate. I. A demand for the referendum may require the submission of more than one proposed article or amendment to any existing article or articles of this constitution, or of more than one measure, but the same must in all cases be submitted in such manner that the voters can vote separately upon each of such proposed articles, or amendments to existing articles hereof, or upon each separate measure, and in all cases where an existing section of any article of this constitution, or an existing section of any measure whatsoever is sought to be amended, such section as sought to be amended shall be submitted in full. m. The secretary of state, or other proper officer, qualified to receive the same, with whom any demand for the referendum shall be in due form filed, who shall neglect or refuse to comply with such demand, and who shall fail to submit properly the matter therein named to the voters qualified to vote thereon at the first election at which the same may be legally submitted, shall be deemed to be guilty of misfeasance in office and of felony, and shall be liable to impeachment, and to be indicted and punished as may be by law directed. n. It shall be the duty of the legislature, at the first session thereof held after the adoption of this article, to enact such law or laws as may be necessary to carry the provisions thereof into effect, but no demand for the referendum upon any such law so enacted for such purpose by the legislature, nor upon any measure for the same purpose otherwise duly proposed under the provisions of this article, shall be invalid by reason of noncompliance with any pro- vision of any law for such purpose which may at any time be en- acted by the legislature. 38 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 1 o. Nothing in the constitution shall be taken or construed to in any manner limit the powers of legislation vested by this article in the qualified voters, nor to require the presentation to or ap- proval by the governor or any other officer, of any measure what- soever enacted by direct vote of the voters of this state or of any municipal division thereof., and all provisions in the constitution in conflict herewith are hereby rescinded and annulled. 1899. A. No. 1026 (Int. 898). A. J. 551. 1900. A. No. 125 (Int. 125). A. J. 116. 1. (Proposal to add the following:) and in addition thereto shall be vested in the electors qualified to vote for governor. a. The right to propose amendments to this constitution and measures for the governance of the whole state, shall (in addition to being exercised by members of the legislature) be vested in any twenty per centum of the voters of the state qualified to vote for governor; and the right to propose measures for the governance of any municipal division of the state (such as county, city, town, township, borough, village, and so forth'), shall in like manner (in addition to being exercised by members of the legislative body or bodies thereof), be vested in any twenty per centum of the voters of any such municipal division qualified to vote for the chief execu- tive or executives of such division. b. The right to reject or to approve any measure for the govern- ance of the whole state, which shall have been passed by the legis- lature, or proposed and submitted by either house thereof or by the required number of voters under the provisions of this article, shall be vested in the voters qualified to vote for governor. The right to reject or to approve any measure for the governance of any municipal division passed by the legislature, or by the legis- lative body or bodies of any such division, or proposed by the voters of such division, shall be vested in the voters of the municipal division affected thereby qualified to vote for chief executive or executives of such division. The exercise of the right of rejection or approval hereunder shall take place whenever any twenty per centum of the voters qualified to vote thereon shall, according to the provisions of this article, demand a submission to direct vote of the voters of any such measure or amendment to this constitu- tion. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 39 Article III, 1 c. Whenever any amendment to this constitution, or any meas- ure whatsoever, shall be submitted to the voters of the state, or of any municipal division thereof, for rejection or approval by them, the same shall become law if the official canvass of the ballots for and against the same shall show that more persons have voted for than have voted against the enactment thereof. d. The legal designation of the exercise of the right of proposal under the provisions of this article shall be " tine initiative; " and the legal designation of the exercise of the right of rejection or approval thereunder shall be " the referendum/' e. All demands for the referendum shall be written or printed, and shall, when demanding submission of measures already en- acted by the legislature or by the legislative body or bodies of any municipal division, refer to the same by title, chapter, and num- ber, or such other official designation as such measure may bear, and shall in all other cases contain the full text of such measure or proposed amendment to this constitution. Such demands made by voters, shall be signed by at least twenty per centum of the voters qualified to vote thereon, and all demands for the refer- endum whatsoever shall, in the case of all matters to be submitted to the voters of the whole state, be filed with the secretary of state, and, in the case of matters to be submitted to the voters of any municipal division thereof, with the officer of such division acting as its cleric or recording officer. The percentage of voters whose signatures are required to make any such demand legal and mandatory shall, in the case of those filed with the secretary of state, be computed upon the votes cast for governor at the last election preceding the filing thereof, and, in the case of demands filed with the clerk of any municipal division upon the votes cast for the chief executive thereof at the last election therefor. f. The legislature may, by a three-fourths vote of all the mem- bers elected to each branch thereof, declare certain bills to be urgent, and such bill so declared to be urgent unless otherwise explicity stated therein when approved by the governor, shall take immediate effect; but the legislature shall have no power to declare bills to be urgent except those relating solely to the im- mediate preservation of the public safety, of the public peace, or of the public health. g. Bills passed by the legislature other than those declared to be urgent, and which shall become law with or ivitlwut the ap- 40 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 1 proval of the governor,, shall go into effect at twelve o'clock noon of the nineteenth day after the final adjournment of the legisla- ture passing the same,, excluding the day of adjournment, or at such later date as may be expressly stated in the bill; but if a demand for the referendum upon any such bill shall,, prior to such hour, be filed with the secretary of state, the same shall not take effect until approved by the voters. h. Either branch of the legislature may, of its own motion, by resolution passed by a vote therefor of a majority of all the mem- bers elected thereto, provide for the submission to the voters of the state of proposed amendments to this constitution, or of any measure introduced in, pending before, or passed by it, or of any question upon which it may desire the instructions of such voters; and in like manner any legislative body, board, or council of any municipal division of the state may, of its own motion, by resolu- tion, provide for the submission to the voters of such municipal division, or to the voters of any subdivision thereof, of any measure introduced in, pending before, or passed by it, or of any question upon which such body may desire the instructions of such voters, and upon the filing of any such resolution of either branch of the legislature with the secretary of state, or of any such resolution of any legislative body, board, or council of any municipal division, with the clerk of such division, the same shall have the same force and effect as a demand for the referendum filed by voters. i. All proposed amendments to this constitution, and all meas- ures whatsoever, demand for the submission of which to the voters shall have been in due form filed with the proper officer, shall be by him published in full, according to law, and submitted to the voters qualified to vote thereon at the first election held after the expiration of thirty days from the filing with him of such demand, in accordance with the laws relating to elections and to such sub- missions. j. No measure shall be enacted, except by a direct vote of the voters, which shall in any manner alter, modify, repeal, or render nugatory, any measure whatsoever which has been enacted by a direct vote of the voters, nor which shall embody substantially the same principle as any measure which has theretofore been sub- mitted to a vote of the voters and has by them been rejected. k. Except in the case of amendments to this constitution, the enacting clause of all measures submitted to the voters of the whole state shall be " Tine people of the state of New York, by II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 41 Article III, 1 direct vote, do enact as follows; " and it shall be the duty of the secretary of state to see that such clause is correctly worded in all measures submitted to him, and correction of such enacting clause may be made by him after as well as before submission to the voters, and to all such amendments to this constitution so adopted, and to all measures whatsoever so enacted by direct vote of the voters of the whole state, he shall add, immediately below the title thereof, the date of the election at which the same was adopted or enacted, the number of votes cast for and against the same, and the date of the filing in his office of the certificate of the board of state canvassers showing the result of the vote thereon, and, unless otherwise explicitly stated in the amendment or measure, the time of the going into effect of all amendments to this constitu- tion so adopted, and of all measures so enacted by direct vote of the voters of the state, shall be twelve o'clock noon of the date following the filing in the office of the secretary of state of such certificate. I. A demand for the referendum may require the submission of more than one proposed article or amendment to any existing article or articles of this constitution, or of more than one measure, but the same must in all cases be submitted in such manner that the voters can vote separately upon each of such proposed articles, or amendments to existing articles hereof, or upon each separate measure, and in all cases where an existing section of any article of Hi /.s constitution, or an existing section of any measure whatsoever is sought to be amended, such section as sought to be amended shall be submitted in full. m. The secretary of state, or other proper officer, qualified to receive the same, with whom any demand for the referendum shall be in due form filed, wlw shall neglect or refuse to comply with such demand, and who shall fail to submit properly the matter therein named to the voters qualified to vote thereon at the first election at which the same may be legally submitted, shall be deemed to be guilty of misfeasance in office and of felony, and shall be liable to impeachment, and to be indicted and punished as may be by law directed. n. It shall be the duty of the legislature, at the first session thereof held after the adoption of this article, to enact such law or laws as may be necessary to carry the provisions thereof into effect, but no demand for the referendum upon any such law so enacted for such purpose by the legislature, nor upon any measure 42 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article III, 1 for the same purpose otherwise duly proposed under the provisions of this article,, shall be invalid by reason of noncompliance with any provision of any law for such purpose which may at any time be enacted by the legislature. o. Nothing in the constitution shall be taken or construed to in any manner limit the powers of legislation vested by this article in the qualified voters, nor to require the presentation to or ap- proval by the governor or any other officer, of any measure what- soever enacted by direct vote of the voters of this state or of any municipal division thereof, and all provisions in the constitution in conflict herewith are hereby rescinded and annulled. 1901. A. No. 340 (Int. 311). A. J. 154. Subdivision A. The legislative power of this state is inherent, and shall be vested in the electors of this state, and also shall be vested, subject always to acceptance or rejection by the electors of this state, in [the] a senate and assembly. B. Any fifty thousand electors of the state of New York shall have the power to require that any act or part of any act passed by the senate and assembly, and approved by the governor, shall be referred to the electors of the state, or, if it be a special act, to the electors of the territorial subdivisions affected thereby, at the next general election, and shall only take effect if approved by a majority of those voting thereon. This power to demand a referendum shall be exercised by the electors by filing their signed petitions with the secretary of state not more than ninety days after the act in question shall have been approved by the governor, earlier than which date no act or part of an act can become opera- tive, except as in this section hereafter provided. Any act whose reference is properly petitioned for shall not take effect till thirty days after it shall have been approved by a majority of those voting thereon. But acts for the immediate preservation of the public peace, health and safety, may go into immediate operation if passed by a three-fourths vote of the members elected respectively to each house, and approved by the governor, provided, however, that such act shall be considered as repealed from the date of the voting when the referendum upon it is demanded by petition, and the act is rejected at the polls. C. Any fifty thousand electors of the state of Neiu York shall have the power to propose any act, and any one hundred thousand electors shall have power to propose any amendment to the con- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 43 Article III, 1 stitution of this state, and require that the act or amendment be referred to the electors of the state at the first general election occurring at least eight months after such demand shall have been filed with the secretary of state, to become a law or part of the constitution thirty days after the date of said election, if approved by a majority of those voting thereon. Provided that passage by the legislature, and signature by the governor, of an act identical with the one petitioned for, shall render such submission to vote unnecessary unless separately petitioned for in accordance with subdivision B of this section. D. When at any time a petition for an act or an amendment shall have been filed as above, the legislature may, by concurrent resolution, propose as a substitute another act or amendment cover- ing the same subject matter. In that case both the proposed acts or amendments shall be printed on one ballot, and two questions, as follows, shall be submitted to the electors. The first question shall be whether either proposed change in the law is desired. The second shall be a question of choice be- tween the two measures. In case a majority of the votes cast upon the first question are found to be in the negative, then neither of the proposed measures shall become law. In .case a majority upon the first question shall be found to be in the affirmative, then the proposed act or amendment receiving the larger number of votes upon the second question shall become a law thirty days after the date of said election. E. Until laws shall be enacted specially providing for the en- forcement of this amendment, the secretary of state and all other officers, in referring measures, providing ballots and all other necessary matters, shall be guided by the general election laws and the provisions of acts heretofore passed referring laws and con- stitutional amendments to the electors for acceptance or rejection, supplemented by such reasonable action as may be necessary to render this constitutional provision self executing. F. A sworn statement to that effect by any one of the petitioners shall be taken as prima facie proofs that all signatures upon the same sheet with his own are genuine signatures of electors. G. Any provision in section nine of article four, or in any other part of this constitution, which conflicts with the provisions of this section as now amended, is to the extent of such conflict repealed and superseded. 1903. A. No. 437 (Int. 412). A. J. 163. PART II 3 44 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, I 1. (Proposal to add the following:) but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislature, and also reserve power at their Lwn option to approve or reject at the polls any act of the legislature. The first power reserved by the people is the initiative. Ten per centum or more of the legal voters may propose any measure by petition; every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than three months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health or safety, either by petition signed by ten per centum of the legal voters, or by the legislature, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislature which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures re- ferred to the people of the state shall be had at the regular general elections, except when the legislature shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be: " Be it enacted by the people of the state of New York." This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. The whole number of votes cast for governor at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and this amendment, until legislation shall be especially provided therefor. The referendum may be demanded by the people against one or more items, sections or parts of any act of the legislature in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections or II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 45 Article III, 2 parts of an act shall not delay the remainder of that act from 'be- coming operative. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to the legal voters of every municipality and district,, as to all local, special and municipal legislation, of every character, in or for their respective municipalities and districts. The manner of exer r cising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legisla- tion. Ten per centum or more of the legal voters may order the referendum and fifteen per centum or more may propose any measure, by the initiative, in any city or town. 1911. A. No. 1326 (Int. 1139). A. J. 958. (For other proposed amendments providing for the initiative and the referendum, see pp. 262, 271.) 2. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of election officers, see p. 293.) i 3. Single legislative body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 2. The Senate shall consist of fifty members, except as herein- after provided. The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The Assembly shall consist of one hundred and fifty members who shall be chosen for one year. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Term of assemblymen 2. The senate shall consist of fifty members, except as herein- after provided[.]^ who shall be chosen for two years. [The senators elected in the year [one thousand eight] eighteen hun- dred and ninety-five shall hold their offices for three years and their successors shall be chosen for two years.] The assembly shall consist of one hundred and fifty members, who shall be chosen for [one year.] two years. 1898. A. No. 893 (Int. 777). A. J. 491. 46 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 2 2. The senate shall consist of fifty members, except as here- inafter provided. [The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years.] The assembly shall consist of one hundred and fifty members, [who shall be chosen for one year.] Senators and members of assembly shall be chosen for two years. 1900. A. No. 677 (Int. 613). A. J. 314. 1901. A. No. 221 (Int. 221). To S. A. J. 104, 584, 650, 662, 747, 816, 865. S. J. 433. 2. (Proposal to add the following:) to and including the mem- bers thereof elected in the year one thousand nine hundred and one. The members of the assembly elected in the year one thousand nine hundred and two and their successors shall be chosen for two years. 1900. A. No. 737 (Int. 648). A. J. 380. 2. The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thou- sand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members, who shall be chosen for [one year.] two years. 1904. A. No. 1364 (Int. 375). To S. A. J. 171, 868, 942, 1040, 1213, 1259, 1305, 1420, 1608. S. J. 832. 1907. A. No. 86 (Int. 86). A. J. 36. 2. The senate shall consist of fifty members, except as herein- after provided [.], and they [The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors]! shall be chosen for two years. The assembly shall consist of one hundred and fifty mem- bers, who shall also be chosen for two years, [one year.] 1906. A. No. 217 (Int. 217). (Same as A. No. 1407.) A. J. 80. * A. No. 1407 (Int. 1133). (Same as A. No. 217.) A. J. 943. * For remainder of this resolution, see proposed amendment to Art. Ill, 6, pp. 65, 66. I II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 47 Article III, 2 2. The senate shall consist of fifty members, except as herein- after provided. The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members, who shall be chosen for [one year.]! two years,, beginning with the mem-, bers to be elected at the general election of the year nineteen hundred and fourteen. 1912. S. No. 226 (Int. 223). (Same as A. No. 145.) S. J. 55. A. No. 145 (Int. .145). (Same as S. No. 226.) A. J. 57. 2. Terms of senators and assemblymen 2. The senate shall consist of fifty members, except as herein- after provided. The senators elected in the year [one thousand eight] nineteen hundred and [ninety-five shall hold their offices for three years,] ten and their successors shall be chosen for [two] four years. The assembly shall consist of one hundred and fifty members [who], and the members of assembly elected in the year nineteen hundred and ten and their successors shall be chosen for [one] two years. 1908. A. No. 1272 (Int. 1046). A. J. 663. 2. The senate shall consist of fifty members, except as herein- after provided. The senators elected in the year [one thousand eight hundred and ninety-five] nineteen hundred and twelve [shall hold their offices for three years,] and their successors shall be chosen for [two]' four years. The assembly "shall consist of one hundred and fifty members, and the members of assembly elected in the year nineteen hundred and twelve and their successors [who] shall be chosen for [one] 1 two years. 1910. A. No. 2502 (Int. 180). To S. A. J. 66, 2424, 2433, 3262, 3272, 3408, 3612. S. J. 1867, 1905. 3. Additional assemblymen for New York county 2. The senate shall consist of fifty members, except as herein- after provided. The senators elected in the year [one thousand eight] 1 eighteen hundred and ninety-five shall hold their office for three years, and their successors shall be chosen for two years. 48 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 2 The assembly shall consist of [one hundred and fifty] one hun- dred and fifty-one members, who shall be chosen for one year. (For remainder of this resolution, see proposed amendment to Art. Ill, $ 5, p. 64.) 1899. A. No. 310 (Int. 302). A. J. 132. 4. Single legislative "body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 5. Biennial sessions of legislature - terms and apportionment of legislators (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the terms and regulating the appor- tionment of the legislators, see p. 310.) 6. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 7. Biennial sessions of legislature salaries and terms of legislators appropriations apportionment (For proposed amendment fr> this and other sections providing for biennial sessions of the legislature, changing the salaries and terms of the legislators, and regulating the making of appropriations and apportionment of legis- lators, see p. 311.) 8. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor, and providing for the short ballot, see p. 319.) 3. The State shall be divided into fifty districts to be called senate districts, each of which shall choose one senator. The dis- tricts shall be numbered from one to fifty, inclusive. District number one (1) shall consist of the counties of Suffolk and Richmond. District number two (2) shall consist of the county of Queens. District number three (3) shall consist of that part of the county of Kings comprising the first, second, third, fourth, fifth and sixth wards of the city of Brooklyn. District number four (4) shall consist of that part of the county of Kings comprising the seventh, thirteenth, nineteenth and twenty-first wards of the city of Brooklyn. District number five (5) shall consist of that part of the county of Kings comprising the eighth, tenth, twelfth and thirtieth wards of the city of Brooklyn, and the ward of the city of Brooklyn which was formerly the town of Gravesend. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 49 Article III, 3 District number six (6) shall consist of that part of the county of Kings comprising the ninth, eleventh, twentieth and twenty- second wards of the city of Brooklyn. District number seven (7) shall consist of that part of the county of Kings comprising the fourteenth, fifteenth, sixteenth and seventeenth wards of the city of Brooklyn. District number eight (8) shall consist of that part of the county of Kings comprising the twenty-third, twenty-fourth, twenty-fifth and twenty-ninth wards of the city of Brooklyn, and the town of Flatlands. District number nine (9) shall consist of that part of the county of Kings comprising the eighteenth, twenty-sixth, twenty-seventh and twenty-eighth wards of the city of Brooklyn. District number ten (10) shall consist of that part of the county of New York within and bounded "by a line beginning at Canal street and the Hudson river, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Canal street, the Bowery, Division street, Grand street and Jackson street, to the East river and thence around the southern end of Manhattan island, to the place of beginning, and also Governor's, Bedloe's and Ellis islands. District number eleven (11) shall consist of that part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the junction of Broad- way and Canal street, and running thence along Broadway, Fourth street, the Bowery and Third avenue, St. Mark's place, Avenue A, Seventh street, Avenue B, Clinton street, Rivington street, Norfolk street, Division street, Bowery and Canal street, to the place of beginning. District number twelve (12) shall consist of that part of the county of New York lying north of districts numbers ten and eleven and within and bounded by a line beginning at Jackson street and the East river, and running thence through Jackson street, Grand street, Division street, Norfolk street, Riving- ton street, Clinton street, Avenue B, Seventh street, Avenue A, St. Mark's place, Third avenue, East Fourteenth street to the East river, and along the East river, to the place of beginning. District number thirteen (13) shall consist of that part of the county of New York lying north of district number ten, and 50 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article III, 3 within and bounded by a line beginning at the Hudson river at the foot of Canal street, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Fourth street, the Bow- ery and Third avenue, Fourteenth street, Sixth avenue, West Fifteenth street, Seventh avenue, West Nineteenth street, Eighth avenue, West Twentieth street, and the Hudson river, to the place of beginning. District number fourteen (14) shall consist of that part of the county of New York lying north of districts numbers twelve and thirteen, and within and bounded by a line beginning at East Fourteenth street and the East river, and running thence along East Fourteenth street, Irving place, East Nineteenth street, Third avenue, East Twenty-third street, Lexington avenue, East Fifty- third street, Third avenue, East Fifty-second street, and the East river, to the place of beginning. District number fifteen (15) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at the junction of West Fourteenth street and Sixth avenue, and running thence along Sixth avenue, West Fifteenth street, Seventh avenue, West Fortieth street, Eighth avenue, and the transverse road across Central park at Ninety-seventh street, Fifth avenue, East Ninety- sixth street, Lexington avenue, East Twenty-third street, Third avenue, East Nineteenth street, Irving place arid Fourteenth street, to the place of beginning. District number sixteen (16) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at Seventh avenue and West Nineteenth street, and running thence along West Nine- teenth street, Eighth avenue, West Twentieth street, the Hudson river, West Forty-sixth street, Tenth avenue, West Forty-third street, Eighth avenue, West Fortieth street and Seventh avenue, to the place of beginning. District number seventeen (17) shall consist of that part of the county of New York lying north of district number sixteen, and within and bounded by a line beginning at the junction of Eighth avenue and West Forty-third street, and running thence along West Forty -third street, Tenth avenue, West Forty-sixth street, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 51 Article III, 3 the Hudson river, West Eighty-ninth street, Tenth or Amsterdam avenue, West Eighty-sixth street, Ninth or Columbus avenue, West Eighty -first street and Eighth avenue, to the place of be- ginning. District number eighteen (18) shall consist of that part of the county of New York lying north of district number fourteen, and within and bounded by a line beginning at the junction of East Fifty-second street and the East river, and running thence along East Fifty-second street, Third avenue, East Fifty third street, Lexington avenue, East Eighty fourth street, Second avenue, East Eighty third street and the East river, to the place of be- ginning; and also Blackwell's island. District number nineteen (19) shall consist of that part of the county of New York lying north of district number seventeen, and within and bounded by a line beginning at West Eighty-ninth street and the Hudson river, and running thence along the Hud- son river and Spuyten Duyvil creek around the northern end of Manhattan island ; thence southerly along the Harlem river to the north end of Fifth avenue; thence along Fifth avenue, East One Hundred and Twenty -ninth street, Fourth or Park avenue, East One Hundred and Tenth street, Fifth avenue, the transverse road across Central park at Ninety-seventh street, Eighth avenue, West Eighty-first street, Ninth or Columbus avenue, West Eighty sixth street, Tenth or Amsterdam avenue and West Eighty-ninth street, to the place of beginning. District number twenty (20) shall consist of that part of the county of New York lying north of districts numbers eighteen and fifteen, and within and bounded by a line beginning at East Eighty -third street and the East river, running thence through East Eighty-third street, Second avenue, East Eighty-fourth street, Lexington avenue, East Ninety-sixth street, Fifth avenue, East One Hundred and Tenth street, Fourth or Park avenue, East One Hundred and Nineteenth street to the Harlem river, and along the Harlem and East rivers, to the place of *begining ; and also Randall's island and Ward's island. All of the above districts in the county of New York bounded upon or along the boundary waters of the county, shall be deemed to extend to the county line. * So in original. 52 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 3 District number twenty one (21) shall consist of that part of the county of New York lying north of districts numbers nine- teen and twenty, within and bounded by a line beginning at East One Hundred and Nineteenth street and the Harlem river, and running thence along East One Hundred and Nineteenth street, Fourth or Park avenue, One Hundred and Twenty-ninth street, Fifth avenue and the Harlem river, to the place of beginning; and all that part of the county of New York not hereinbefore described. District number twenty-two (22) shall consist of the county of Westchester. District number twenty-three (23) shall consist of the counties of Orange and Rockland. District number twenty-four (24) shall consist of the counties of Dutchess, Columbia and Putnam. District number twenty-five (25) shall consist of the counties of Ulster and Greene. District number twenty-six (26) shall consist of the counties of Delaware, Chenango and Sullivan. District number twenty-seven (27) shall consist of the counties of Montgomery, Fulton, Hamilton and Schoharie. District number twenty-eight (28) shall consist of the counties of Saratoga, Schenectady and Washington. District number twenty-nine (29) shall consist of the county of Albany. District number thirty (30) shall consist of the county of Rensselaer. District number thirty-one (31) shall consist of the counties of Clinton, Essex and Warren. District number thirty-two (32) shall consist of the counties of St. Lawrence and Franklin. District number thirty-three (33) shall consist of the counties of Otsego and Herkimer. District number thirty-four (34) shall consist of the county of Oneida. District number thirty-five (35) shall consist of the counties of Jefferson and Lewis. District number thirty-six (36) shall consist of the county of Onondaga. District number thirty-seven (37) shall consist of the counties of Oswego and Madison. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 53 Article III, 3 District number thirty-eight (38) shall consist of the counties of Broome, Cortland and Tioga. District number thirty-nine (39) shall consist of the counties of Cayuga and Seneca. District number forty (40) shall consist of the counties of Che- mung, Tompkins and Schuyler. District number forty-one (41) shall consist of the counties of Steuben and Yates. District number forty- two (42) shall consist of the counties of Ontario and Wayne. District number forty three (43) shall consist of that part of the county of Monroe comprising the towns of Brighton, Hen- rietta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster, and the fourth, sixth, seventh, eighth, twelfth, thir- teenth, fourteenth, sixteenth, seventeenth and eighteenth wards of the city of Rochester, as at present constituted. District number forty-four (44) shall consist of that part of the county of Monroe comprising the towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheat- land, and the first, second, third, fifth, ninth, tenth, eleventh, fif- teenth, nineteenth and twentieth wards of the city of Rochester, as at present constituted. District number forty-five (45) shall consist of the counties of Niagara, Genesee and Orleans. District number forty-six (46) shall consist of the counties of Allegany, Livingston and Wyoming. District number forty-seven (47) shall consist of that part of the county of Erie comprising the first, second, third, sixth, fif- teenth, nineteenth, twentieth, twenty-first, twenty-second, twenty- third and twenty-fourth wards of the city of Buffalo, as at present constituted. District number forty-eight (48) shall consist of that part of the county of Erie comprising the fourth, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and six- teenth wards of the city of Buffalo, as at present constituted. District number forty-nine (49) shall consist of that part of the county of Erie comprising the seventeenth, eighteenth and twenty- fifth wards of the city of Buffalo, as at present constituted; and all the remainder of the said county of Erie not hereinbefore described. 54 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 3 District number fifty (50) shall consist of the counties of Chau- tauqua and Cattaraugus. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Single legislative body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 4. An enumeration of the inhabitants of the State shall be taken under the direction of the Secretary of State, during the months of May and June, in the year one thousand nine hundred and five, and in the same months every tenth year thereafter; and the said districts shall be so altered by the Legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contigu- ous territory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts ; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein, adjoining such district. Counties, towns or blocks which, from their location, may be in- cluded in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, exclud- ing aliens. No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators; and no two counties or the terri- tory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the Senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 55 Article III, $ 4 senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Removal of restrictions on number of senators in counties 4. An enumeration of the inhabitants of the state shall be taken under the direction of the secretary of state, during the months of May and June, in the year nineteen hundred and five, and in the same months every tenth year thereafter ; and the said districts shall be so altered by the legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practi- cable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contiguous territory, and no county shall be divided in the formation of a senate dis- trict except to make two or more senate districts wholly in such county. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts ; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. [No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators ; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one- half of all the senators.]' The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty 56 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article III, 4 senators, and the whole number of senators shall be increased to that extent. 1906. S. No. 824 (Int. '681). (Same as A. No. 1560.) S. J. 495. A. No. 1560 (Int. 1223). (Same as S. No. 824.) A. J. 1091. 2. Formation of senate district by joining Richmond county to portion of New York county 4. An enumeration of the inhabitants of this state shall be taken under the direction of the secretary of state, during the months of May and June, in the year one thousand nine hundred and five, and in the same months every tenth year thereafter; and the said districts shall be so altered by the legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall, at all times, consist of contiguous territory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county[.], and except that a senate district may, in the discretion of the legislature, be formed by joining the county of Richmond to a portion of the county of New York. ~No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall any dis- trict contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein, adjoining such district. Counties, towns or blocks of which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators ; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning the senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 57 Article III, 4 to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. 1908. A. No. 456 (Int. 435). A. J. 131. 1909. A. No. 841 (Int. 770). A. J. 456. 3. Formation of senate district by joining Richmond county to portion of New York county additional senators for counties with two or more 4. An enumeration of the inhabitants of this state shall be taken under the direction of the secretary of state, during the months of May and June, in the year one thousand nine hundred and five, and in the same months every tenth year thereafter; and the said districts shall be so altered by the legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as com- pact form as practicable, and shall remain unaltered until the re- turn of another enumeration, and shall, at all times, consist of contiguous territory, and no county shall be divided in the forma- tion of a senate district except to make two or more senate districts wholly in such county [.J, and except that a senate district may, in the discretion of the legislature, be formed by joining the county of Richmond to a portion of the county of New York. ~No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts ; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks of which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. ~No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators ; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning the senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that 58 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, $ 4 if any county having [three] two or more senators at the time of any apportionment shall be entitled on such ratio to an addi- tional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. 1908. S. No. 211 (Int. 203). S. J. 66. 4. Single legislative "body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 5. The members of the Assembly shall be chosen by single districts, and shall be apportioned by the Legislature at the first regular session after the return of every enumeration among the several counties of the State, as nearly as may be according to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the popu- lation of the county of Hamilton shall, according to the ratio, entitle it to a member. But the Legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhabitants of the State, excluding aliens, by the num- ber of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining members of assembly shall be apportioned to the coun- ties having more than two ratios according to the number of inhabitants, excluding aliens. Members apportioned on remain- ders shall be apportioned to the counties having the highest re- mainders in the order thereof respectively. No county shall have more members of assembly than a county having a greater num- ber of inhabitants, excluding aliens. Until after the next enumeration, members of the Assembly shall be apportioned to the several counties as follows: Albany county, four members; Allegany county, one member; Broome II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 59 Article III, $ 5 county, two members ; Cattaraugus county, two members ; Cayuga county, two members; Chautauqua county, two members; Che- mung county, one member; Chenango county, one member; Clin- ton county, one member ; Columbia county, one member ; Cortland county, one member; Delaware county, one member; Dutchess county, two members ; Erie county, eight members, Essex county, one member; Franklin county, one member; Fulton and Hamil- ton counties, one member; Genesee county, one member; Greene county, one member; Herkimer county, one member; Jefferson county, two members ; Kings county, twenty-one members ; Lewis county, one member; Livingston county, one member; Madi- son county, one member; Monroe county, four members; Mont- gomery county, one member ; New York county, thirty five mem- bers ; Niagara county, two members ; Oneida county, three mem- bers; Onondaga county, four members; Ontario county, one member ; Orange county, two members ; Orleans county, one mem- ber; Oswego county, two members; Otsego county, one member; Putnam county, one member; Queens county, three members; Rensselaer county, three members; Richmond county, one mem- ber; Rockland county, one member; St. Lawrence county, two members; Saratoga county, one member; Schenectady county, one member; Schoharie county, one member; Schuyler county, one member; Seneca county, one member; Steuben county, two members; Suffolk county, two members; Sullivan county, one member; Tioga county, one member; Tompkins county, one mem- ber; Ulster county, two members; Warren county, one member; Washington county, one member; Wayne county, one member; Westchester county, three members ; Wyoming county, one mem- ber, and Yates county, one member. In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and hav- ing no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hun- dred and ninety-five, and at such times as the Legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous terri- tory in as compact form as practicable, each of which shall be 60 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article III, 5 wholly within a senate district formed under the same appor- tionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the Secretary of State and of the clerk of such county, a description of such districts, specifying the number of each dis- trict and of the inhabitants thereof, excluding aliens, according to the last preceding enumeration; and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein provided; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eight hundred and ninety-five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district, the same num- ber of assembly districts shall be put in each senate district, un- less the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of assembly districts, nor shall any district con- tain a greater excess in population over an adjoining district in the same senate district, than the population of a town or block therein adjoining such assembly district. Towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens; but in the division of cities under the first apportionment, regard shall be had to the number of inhabitants, excluding aliens, of the election districts according to the State enumeration of one thousand eight hun- dred and ninety-two, so far as may be, instead of blocks. Noth- ing in this section shall prevent the division, at any time, of coun- ties and towns, and the erection of new towns by the Legislature. An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may pre- scribe; and any court before which a cause may be pending in- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 61 Article III, $ 5 volving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Additional assemblyman for New York county 5. The members of the assembly shall be chosen by single districts and shall be apportioned by the legislature at the first regular session after the return of every enumeration among the several counties of the state as nearly as may be according to the number of their respective inhabitants excluding aliens. Every county heretofore established and separately organized except the county of Hamilton shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its popu- lation shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhabitants of the state, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as fol- lows: One member of assembly shall be apportioned to every county including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be ap- portioned to every other county. The remaining members [of assembly] shall be apportioned to the counties having more than two ratios according to the number of inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the counties having the highest remainders on the order thereof re- spectively. No county shall have more members of assembly than a county having a greater number of inhabitants, excluding aliens. Until after the next enumeration, members of the assembly shall be apportioned to the several counties as follows : Albany county, four members; Allegany county, one member; Broome county, two members ; Cattaraugus county, two members ; Cayuga county, two members; Chautauqua county, two members; Chemung county, one member; Chenango county, one member; Clinton county, one member; Columbia county,, one member; Cortland county, one member; Delaware county, one member; Dutchess 62 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 5 county, two members ; Erie county, eight members ; Essex county, one member ; Franklin county, one member ; Fulton and Hamilton counties, one member; Genesee county, one member; Greene county, one member; Herkimer county, one member; Jefferson county, two members; Kings county, twenty-one members; Lewis county, one member ; Livingston county, one member ; Madison county, one member ; Monroe county, four members ; Montgomery county, one member; New York county, [thirty-five]: thirty-six; Niagara county, two members; Oneida county, three members; Onondaga county, four members ; Ontario county, one member ; Orange county, two members ; Orleans county, one member ; Os- wego county, two members ; Otsego county, one member ; Putnam county, one member ; Queens county, three members ; Rensselaer county, three members ; Richmond county ; one member ; Rockland county, one member ; Saint Lawrence county, two members ; Sara- toga county, one member ; Schenectady county, one member ; Scho- harie county, one member ; Schuyler county, one member ; Seneca county, one member; Steuben county, two members; Suffolk county, two members ; Sullivan county, one member ; Tioga county, one member ; Tompkins county, one member ; Ulster county, two members ; Warren county, one member ; Washington county, one member; Wayne county, one member; Westchester county, three members; Wyoming county, one member, and Yates county, one member. In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and having no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble on the second Tuesday of June, eighteen hundred and ninety-five, and at such times as the legislature making an apportionment shall prescribe, and divide such counties into as- sembly districts as nearly equal in number of inhabitants, exclud- ing aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the secretary of state and of the clerk of such county, a description of such dis- tricts, specifying the number of each district and of the inhab- itants thereof, excluding aliens, according to the last preceding enumeration; and such apportionment and districts shall remain II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 63 Article III, 5 unaltered until another enumeration shall be made, as herein pro- vided ; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, eighteen hun- dred and ninety-five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district; the same number of assembly districts shall be put in each senate district, unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest or one less assembly district shall be put in the senate district having the smallest number of inhabitants, exclud- ing aliens, as the case may require. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of assembly districts, nor shall any district contain a greater excess in population over an adjoining district in the same senate district than the population of a town or block therein ad- joining such assembly district. Towns or blocks which, from their location may be included in either of two districts, shall be so placed as to make said district most nearly equal in number of inhabitants, excluding aliens; but in the division of cities under the first apportionment, regard shall be had to the number of in- habitants, excluding aliens, of the election districts according to the state enumeration of eighteen hundred and ninety-two, so far as may be, instead of blocks. Nothing in this section shall pre- vent the division, at any time, of counties and towns, and the erection of new towns by the legislature. An apportionment by the legislature, or other body, shall be subject to review by the supreme court, at the suit of any citizen, under such reasonable regulations as the legislature may prescribe ; and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. The municipal assembly of the city of New York, or the body exercising the powers of common council in said city shall cause an enumeration to be made of the inhabi- tants of senate district number twenty-one referred to in section three of this article,, by the police authorities of the city of New York, upon the approval of this act, in the month of January, nineteen hundred and one, and the said municipal assembly of 64 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 5 the city of Neiu York, or the body exercising the powers of com- mon council in said city, shall thereupon, and on or before the second Tuesday of June, nineteen hundred and one, shall divide the said senate district number tiventy-one into three assembly districts, of as nearly an equal number of inhabitants, excluding aliens, as may be, regard being had to the number of inhabitants, excluding aliens, according to said enumeration. (For preceding section of this resolution, see proposed amendment to Art. Ill, 2, p. 48.) 1899. A. No. 310 (Int. 302). A. J. 132. 2. Single legislative body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 6. Each member of the Legislature shall receive for his serv- ices an annual salary of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session on the most usual route. Senators, when the Senate alone is convened in extraordinary session, or when serving as members of the Court for the Trial of Impeachments, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Salaries and mileage of senators and assemblymen 6. Each member of the legislature shall receive for his serv- ices an annual salary [of one thousand five hundred dollars.] as follows: Each member of the senate the sum of three thousand five hundred dollars and each member of the assembly the sum of three thousand dollars. The members of either house shall also receive the sum of [one dollar] three cents for [every ten miles] each mile they shall travel in going to and returning from their place of meeting, one in each week of actual attendance of the ses- sion, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 65 Article III, 6 assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. 1910. A. No. 1233 (Int. 349). To S. Amended, S. No. 853. To Sec. of State. A. J. 123, 625, 699, 753, 827, 858, 1408, 1479. S. J. 399, 464, 502, 568, 573, 666. 1911. A. No. 55 (Int. 55). (Substituted for S. No. 30.) To Sec. of State. A. J. 50, 661, 696, 702, 714, 752, 844. S. J. 411, 421. S. No. 30 (Int. 30). (A. No. 55 substituted.) S. J. 23, '285, 334, 364, 411. Eejected Nov. 7, 1911. Vote: for, 267,194; against, 352,830. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Salaries of senators and assemblymen 6. Each member of the [legislature] senate shall receive for his services an annual salary of [one] five thousand [five hun- dred] dollars. Each member of the assembly shall receive for his services an annual salary of three thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and return- ing from their place of meeting, once in each session, on the most iisual route. Senators, when the senate alone is convened in ex- traordinary session, or when serving as members of the court for the trial of impeachment, and such members of the assembly, not exceeding nine [in number] members, as shall be appointed managers of an impeachment, shall receive an additional allow- ance of ten dollars a day. 1903. S. No. 371 (Int. 328). S. J. 165. 6. Each member of the [legislature] senate shall receive for his services an annual salary of [one] five thousand [five hun- dred] dollars[.]y and each member of the assembly shall receive for his services an annual salary of three thousand dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the senate alone is convened in extraor- dinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine [in number] members, as shall be appointed 66 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 6 managers of an impeachment, shall receive an additional allow- ance of ten dollars a day. (For preceding section of this resolution, see proposed amendment to Art. Ill, 2, p. 46.) 1906. A. No. 1407 (Int. 1133). A. J. 943. 6. Each member of the legislature shall receive for his serv- ices an annual salary of three thousand [one thousand five hun- dred] dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, [once] one in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine [in number] members,, as shall be appointed managers of an impeachment, shall receive an addi- tional allowance of ten dollars a day. 1907. A. No. 509 (Int. 496). A. J. 143, 2918. 1908. A. No. 4 (Int. 4). A. J. 26, 1726. 1909. A. No. 181 (Int. 181). A. J. 57. 6. Each member of the legislature shall receive for his serv- ices an annual salary [of one thousand five hundred dollars.] as follows: For senator,, $5,000, and for assemblyman, $2,500. The members of either house shall also receive the sum of [one dollar] $1 for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the Senate alone is convened in extraordin- ary session, or when serving as members of the court for the trial of impeachments, and such members of the Assembly, not ex- ceeding nine [in number] members, as shall be appointed man- agers of an impeachment, shall receive an additional allowance of [ten dollars ] $10 a day. 1908. S. No. 657 (Int. 565). S. J. 299. 6. Each member of the legislature shall receive for his services an annual salary [of one thousand five hundred dollars.] as fol- lows: Each member of the senate the sum of three thousand five hundred dollars and each member of the assembly the sum of I II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 67 Article III, $ 10 three thousand dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such mem- bers of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an addi- tional allowance of ten dollars a day. 1910. S. No. 679 (Int.. 188). S. J. 61, 366, 417, 638. 1912. A. No. 907 (Int. 833). A. J. 368. 2. Mileage of senators and assemblymen 6. Each member of the Legislature shall receive for his serv- ices an annual salary of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, [once] twelve times in each session, on the most usual route. Senators, when the Senate alone is con- vened in extraordinary session, or when serving as members of the Court for the Trial of Impeachments, and such Members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. 1895. A. No. 2780 (Int. 1741). To S. A. J. 3873. S. J. 2011. 3. Biennial sessions of legislature salaries and terms of legislators appropriations apportionment (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the salaries and terms of the legislators and regulating the making of appropriations and apportionment of legis- lators, see p. 311.) 4. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor, and providing for the short ballot, see p. 319.) 10. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own pro- ceedings, and be the judge of the elections, returns and qualifica- 68 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, $ 10 tions of its own members ; shall choose its own officers ; and the Senate shall choose a temporary president to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall refuse to act as president, or shall act as Governor. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Rules regulating the introduction of bills 10. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and quali- fications of its own members ; [shall] choose its own officers ; and the Senate shall choose a temporary president to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he snail refuse to act as president, or shall act as Governor. The legislature may make such rules as are necessary to regulate and limit the introduction of bills during each session. 1910. A. No. 1704 (Int. 1317). To . A. J. 1182, 3263, 3273, 3330, 3398, 3531, 3674. S. J. 1920. 14. The enacting clause of all bills shall be ' ' The People of the State of New York, represented in Senate and Assembly, do enact as follows, ' ' and no law shall be enacted except by bill. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.) 2. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the recall, see p. 293.) 15. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the Legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the journal. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 69 Article III, 18 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Requiring opinion of court of appeals on pending bills 15. (Proposal to add the following:) Each house of the legislature shall have authority to require the opinions of the judges of the court of appeals upon important bills pending in the legislature, before their third reading, as to their constitu- tionality excepting, however, private or local bills. 1913. A. No. 180 (Int. 177). A. J. 64, 1054, 1116, 1158, 1270, 1564, 1947, 2010. 2. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.) 18. The Legislature shall not pass a private or local bill in any of the following cases : Changing the names of persons. Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. Providing for election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or petit jurors. Regulating the rate of interest on money. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentages or allow- ances of public officers, during the term for which said officers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the bound- aries of the State. 70 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 18 The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determina- tion, confirmed by the court, may be taken in lieu of the consent of the property owners. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 18. The legislature shall not pass a private or local bill in any of the following cases: Changing the names of persons. Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. Providing for election of members of boards of supervisors. Selecting, drawing, summoning or empaneling grand or petit jurors. Regulating the rate of interest on money. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or allow- ances of public officers, during the term for which said officers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 71 Article III, $ 18 Granting to any person, association, firm or corporation, an exemption from taxation on real or personal property. Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the bounda- ries of the state. The legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or high- way upon which it is proposed to construct or operate such rail- road be first obtained, or in case the consent of such property owners cannot be obtained, the appellate division of the supreme court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determina- tion, confirmed by the court, may be taken in lieu of the consent of the property owners. 1899. A. No. 2124 (Int. 1425). To Sec. of State. A. J. 1812, 2031, 2162, 2300, 2601, '2642, 2644, 3494. S. J. 1369, 1581, 1769. 1901. A. No. 1488 (Int. 843). To Sec. of State. A. J. 619, 1152, 1270, 1294, 1444, 1527, 1576, 1658, 1660, 4031. S. J. 847, 1830, 1958, 1959. Adopted Nov. 5, 1901. Vote: for, 354,881; against, 309,245. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Classification of villages, towns and counties general and special village, town and county laws acceptance by village, town or county 18. (Proposal to add the following:) The legislature may divide the villages, the towns or the counties of the state into not more than three classes. Laws relating to the property,, affairs or government of villages, *town or counties are divided into general and special village, town and county laws; general laws are those relating to all villages, towns or counties of one or more classes; * So in original. 72 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 18 special laws are those relating to a single village, town or county or to less than all the villages, toivns or counties of a class. Special village, town or county laws shall not be enacted except in conformity with the provisions of this section. Every bill for a special village, town or county law, ten days after its passage by the legislature, unless vetoed by the governor, shall be trans- mitted by the secretary of state to the clerks of the villages, towns or counties to which it relates. The village board of trustees, the town board or the county boards of supervisors shall act for the village, town or county as to such bill. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in the villages, towns or counties or parts thereof to which it relates before action thereon. Whenever any such bill has been passed it shall be returned to the legislature within fifteen days of the sending of the notice of its passage to the clerics of the villages, towns or counties to which it relates with or without the acceptance of the village board of trustees, the town board or the county board of supervisors. Whenever during the session at which it was passed, any such bill shall be returned without the acceptance of the villages, towns or counties or parts thereof to which it relates or within such fifteen days is not re- turned, it may nevertheless again be passed by both branches of the legislature and it shall then be subject as are other bills to the action of the governor. In every special law which has been accepted by the villages, towns or counties to which it relates, the title shall be followed by the words " accepted by the village " " accepted by the town " " accepted by the county " as the case may be; in every such law which is passed without such acceptance by the words " passed without the acceptance of the village " " passed without the acceptance of the town " or " passed Knthout the acceptance of the county " as the case may be. 1903. A. No. 881 (Int. 749). A. J. 451. 18. (Proposal to add the following:) The legislature may divide the counties of the state into not more than two classes. Laws relating to the property, affairs or government of villages, towns or counties are divided into general and special village, town and county laws; general laws are those relating to all towns or all villages of the state or to all counties of one or more classes; special laws are those relating to a single village, town or county II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 73 Article III, 19 or to less than all the villages or towns of the state or to less than all the counties of a class. Special village, town or county laws shall not be enacted except in conformity with the provisions of this section. No bill for a special village, town or county law shall be introduced except on petition, in each of the villages, towns and counties to which it relates, of the village board of trustees, the town board or the county board of supervisors or upon a petition signed by two per centum of the legal voters of the county in case of a county bill or by ten per centum of the legal voters of the town or village in case of a town or village bill. Every bill for a special village, town or county law, ten days after its passage by the legislature, unless vetoed by the governor, shall be trans- mitted by the secretary of state to the clerks of the villages, towns or counties to which it relates. The question of the acceptance of the bill by each such village, town or county shall be submitted to the electors at the next regular village, town or county election or may be submitted at an election called for the purpose by a village board of trustees, a town board or a county board of super- visors. The result of such election shall be certified to the secre- tary of state by the officers authorized to determine the same. On the certificate of the secretary of state that the bill has re- ceived a majority vote in all the villages, toivns or counties voting on it, it shall become a law. 1903. A. No. 1703 (Int. 1267). A. J. 1525. 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed accord- ing to law. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Providing for private claims by general laws 19. The legislature shall [neither] not audit [nor] or allow any private claim or account against the state,, or provide there- for except by general laws, but may appropriate money to pay such claims as shall have been audited and allowed according to law. 1900. S. No. 473 (Int. 427). S. J. 248. 74 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 21 21. No money shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its manage- ment, except in pursuance of an appropriation by law; nor un- less such payment be made within two years next after the pas- sage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Eepayment of surplus state money to counties 21. Except as provided in this section, no [No] money shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pur- suance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropria- tion act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum. All money in the state treasury at the end of a fiscal year in excess of the amount needed for the current expenses of such year, shall be repaid to the several counties in the propor- tion of the valuations of the real and personal property therein. Such money shall be repaid in such manner and by such officers as the legislature shall direct, without a specific appropriation therefor; and shall be applicable to such county purposes as shall be provided by law. 1902. A. No. 1007 (Int. 832). A. J. 664. 22. No provision or enactment shall be embraced in the an- nual appropriation or supply bill, unless it relates specifically to some particular appropriation in the bill; and any such pro- vision or enactment shall be limited in its operation to such appropriation. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature salaries and terms of legislators ^- appropriations apportionment (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the salaries and terms of the legislators and regulating the making of appropriations and apportionment of legis- lators, see p. 311.) II] AMEXDMEXTS ADOPTED AKI> PROPOSED, 18951914 75 Article III, $ 26 23. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to law to revise the statutes. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Bills reported by statutory revision commissioner statement of re- pealed laws assent of two-thirds of legislature 23. (Proposal to add the following:) but whenever sucli commissioners shall report any bill or the amendments to any bill to which such sections shall apply, they shall also, in a separate report, distinctly specify the section and the particular clause of such section, which is to be abrogated by the passage of such bill or such amendments to any bill, and the assent of two- thirds of the members elected to each branch of the Legislature shall be requisite to every bill as reported to the Legislature by such commissioners. 1896. A. No. (Int. ). A. J. 115.* 26. There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of super- visors may be devolved upon the common council or board of aldermen thereof. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 26. There shall be in [the several counties] each county, except in [cities whose boundaries are the same as those of the county] ji county wholly included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In [any such] a city which includes an entire county, or two or more entire counties, the [duties and powers] powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, [or] board of aldermen [thereof.] or other legislative body of the city. * The proposed amendment to Art. Ill, 23, referred to on A. J. 115 was apparently never printed. PART II 4 76 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article III, 27 1897. A. No. 1708 (Int. 956). ('Same as S. No. 1011.) To Sec. of State. A. J. 787, 1399, 1688, 1741, 1761, 1794, 2050. S. J. 782, 807. S. No. 1011 (Int. 590). (Same as A. No. 1708.) S. J. 344, 622, 639, 643. 1899. S. No. 632 (Int. 356). To Sec. of State. S. J. 175, 248, 299, 449, 464, 465, 1681. A. J. 984, 3042, 3206, 3270, 3271. Adopted Nov. 7, 1899. Vote: for, 325,182; against, 144,667. 27. The Legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the State such further powers of local legislation and administration as the Legislature may from time to time deem expedient. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED Section 27. The legislative shall, by general laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the leg- islature may, from time to time, deem expedient[ .J, and in coun- ties which now have, or may hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts, charges, claims or demands against the county, the legislature may confer such powers upon said auditors, or fiscal officers, as the legisla- ture may, from time to time deem expedient. 1907. S. No. 1468 (Int. 290). To Sec. of State. S. J. 126, 1277, 1491, 1635, 1698, 1878. A. J. 3419, 4037, 4041, 4044. 1909. S. No. 240 (Int. 235). To Sec. of State. S. J. 118, 822, 920, 996, 1072, 1493. A. J. 2178, 2456, 2469, 2519. Adopted Nov. 2, 1909. Vote: for, 253,774; against, 223,331. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. County auditor 27. (Proposal to add the following:) The legislature may provide for the election or appointment of a local officer in any county to discharge the duties of auditing all accounts and charges against the county,, and to exercise such other powers in special cases as may be provided by law. 1905. S. No. 252 (Int. 252). To A. S. J. 96, 221, 276, 301, 307. A. J. 510. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 77 Article III, 29 2. Auditing county claims paying claims over auditor's objection 27. (Proposal to add the following:) In counties now hav- ing, or which may hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts, charges, claims or demands against the county, the legislature may provide by law, that every resolution, adopted by the board of supervisors of any such county, authorizing the payment of any such bill, account, charge, claim or demand, before it be valid, shall be presented to such county auditor, or other fiscal officers, and if he approve, he shall sign it; but if not, he shall return it with his objections to the board of supervisors, which shall enter the objections at large on its journal and proceed to reconsider it. If after such recon- sideration two-thirds of the members elected shall readopt such resolution, it shall thereupon be valid, notwithstanding the objec- tions of the auditor, or other fiscal officer. In all such cases, the votes shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal. If any such resolution be not returned by the auditor or other fiscal officer in ten days (Sundays excepted) after it shall have been presented to him,, the same shall be valid in like manner as if he had signed it, unless the board of supervisors, by their adjournment, prevent its return, in which case it shall not become valid without the sig- nature of such auditor, or other fiscal officer, within twenty days after such adjournment. 1906. S. No. 789 (Int. 656). To A. S. J. 471, 1261, 1358, 1546. A. J. 2904. 1907. A. No. 792 (Int. 726). A. J. 338. 3. Enactment of forest, fish and game regulations by state officers 27-a. (Proposal to add the following new section:) The legislature may from time to time by law confer upon such state officers as it deems expedient the power to enact ordinances having the force of law, for the protection, regulation and control of the forests, fish and game of the state, subject to existing provisions of the constitution relating to the forest preserve. 1900. S. No. 586 (Int. 3'20). S. J. 179, 284, 376, 463. 29. The Legislature shall, by law, provide for the occupation and employment of prisoners sentenced to the several state prisons, penitentiaries, jails and reformatories in the State; and 78 JSTsw YOEK STATE CONSTITUTION ANNOTATED [Part Article III, 29 on and after the first day of January, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or *allowd to work while under sentence thereto, at any trade, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation. This section shall not be construed to prevent the Legislature from providing that con- victs may work for, and that the products of their labor may be disposed of to, the State or any political division thereof, or for or to any public institution owned or managed and controlled by the State, or any political division thereof. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Employment of prisoners 29. [The legislature shall, by law, provide for the occupation and employment of] All prisoners sentenced to the several state prisons, penitentiaries, jails and reformatories in the state shall be kept occupied and employed at labor-, and on and after the first day of January, [in the year] eighteen hundred and ninety-seven, no [person in any such prison, penitentiary, jail or reformatory,] such prisoner shall be required or allowed to work [while under sentence thereto,] at any trade, industry or occupation, wherein or whereby his [work, or the product or profit of his work,] labor or time shall be farmed out[,] or contracted[, given or sold] to any person, firm, [association] organization or corporation. [This section shall not be construed to prevent the Legislature from pro- viding that convicts may work for, and that the products of their labor may be disposed of to, the State or any political division thereof, or for or to any] The legislature shall provide for the employment of such prisoners, as far as practicable, upon public works, or in the manufacture of supplies required for the use of public institutions owned or managed and controlled by the state or any political division thereof. 1895. A. No. 2083 (Int. 1497). (Same as S. No. 1050.) To Sec. of State. A. J. 1939, 2674, 2769, 2841, 2977, 3053, 3167, 4058. S. J. 1484, 1897, 1956, 2083. S. No. 1050 (Int. 818). (Same as A. No. 2083.) S. J. 1001. 1896. S. No. 1062 (Int. 856). S. J. 686. So in original. II] AMEXDME^TTS ADOPTED AKD PROPOSED, 1895-1914 79 Article III, 30 2. Allowing wages to prisoners payment to dependents 29. (Proposal to add the following:) Provided that there shall be credited to all persons confined in penal institutions in this state an amount not less than the average wage otherwise paid in this or neighboring states for the same or similar labor from which amount shall be deducted the actual cost of provisions furnished such persons. Two-thirds of the remaining amount shall be equi- tably paid every three months to the dependent or dependents of all such persons; the remainder shall be placed at the disposal of all persons thus confined at the end of each year from date of sentence or at time of release with interest at three per centum per annum. 1912. A. No. 1512 (Int. 1299). A. J. 835. 3. Restricting legislation as to cities municipal control of public utilities 30. (Proposal to add the following new section:) The legis- lature shall itself have no power after January first, nineteen hun- dred and eight to pass any law for the opening, making, paving, lighting, or otherwise improving or maintaining streets, avenues, parks or places, docks or wharves, or any of them, or for any other local work or improvement in or for a city, but laws shall be made to confer upon the city government all authority neces- sary for such purposes and, in particular, authority for provid- ing, maintaining, improving and regulating within the corporate limits the following public services: (1) street railways, whether surface, elevated or subsurface; (2) sewers; (3), water; (4) gas, whether for light, fuel or other purposes; (5) electricity, whether for light, heat, power or other purposes; (6) bridges; (7) tun- nels; (8) ferries; (9) docks; or any of them. 1905. S. No. 206 (Int. 196). (Same as A. No. 364.) S. J. 80. A. No. 364 (Int. 364). (Same as S. No. 206.) A. J. 80. (For other proposals restricting legislation as to cities and providing for municipal control of public utilities, see p. 337.) 4. General tax 30. (Proposal to add the following new section:) Hereafter there shall be no general tax levy on the real and personal property in the state except to meet expenses of national defense, of main- taining the union of the states, of quelling insurrection, or as 80 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article III, 30 required by a vote of the people on a proposition submitted pur- suant to a joint resolution of the senate and assembly. 1901. S. No. 61 (Int. 61). S. J. 153. 1903. S. No. 343 (Int. 302). S. J. 145. 5. Contracts of employment workmen's compensation 30. (Proposal to add the following new section:) The legis- lature may impose such conditions on any contracts of employment as shall protect the health or promote the safety or well-being of any of the parties thereto, or the public, or to make provision for the payment of compensation, with or without the right of trial by jury and with or without regard to fault, to employees injured by accidents of employment, or to persons dependent upon them, either by employers, or by employers and employees or otherwise, in such manner as the legislature may prescribe, and in the exer- cise of the powers herein conferred, the legislature shall not be limited by article one, section eighteen, of this constitution. 1911. S. No. 2022 (Int. 1216). (Same as A. No. 2064.) S. J. 817, 1815. A. No. 2064 (Int.. 1676). (Same as S. No. 2022.) A. J. 1770. 1912. S. No. 186 (Int. 183). S. J. 48. (For adopted amendment authorizing a workmen's compensation law, see Art. I, 19, p. 15.) (For other proposals authorizing a workmen's compensation law, see pro- posed amendments to Art. I, $ 6, p. 7, and 19, p. 16.) 6. Forbidding sex discrimination 30. (Proposal to add the following new section:) The legis- lature shall pass no law making any distinction or discrimination between the sexes in relation to personal, civil or property rights. Every act of the legislature in force at the time this section takes effect, which future legislatures would be forbidden by this section to enact are hereby made null and void, but such nullification shall not affect vested property rights heretofore accrued. 1913. A. No. 1098 (Int. 1043). A. J. 420. 7. Public service franchises 30. (Proposal to add the following new section:) No public service franchise shall hereafter be granted within the state of New York except for a term not to exceed fifty years, nor without the assent of the local authorities of each city, town or village where it is in whole or part located. At the expiration of the II] AMENDMENTS ADOPTED AJND PROPOSED, 1895-1914 81 Article IV, 1 term for which a public service franchise shall heretofore or here- after have been granted, no renewal thereof shall be made except by public bidding. One of the conditions of said bidding shall be that the bidder pay to the owner of .the said expiring franchise the then value of the tangible property necessary to its operation. 1904. A. No. 237 (Int. 230). A. J. 97. 30. (Proposal to add the following new section:) No fran- chise or right to use the streets, avenues, waters, rivers, parkways or highways of a city of the first class shall be granted for a longer period than tiventy-five years, or without the consent of the local authorities. 1906. A. No. 294 (Int. 294). A. J. 102. ARTICLE IV 1. The executive power shall be vested in a Governor, who shall hold his office for two years; a Lieutenant-Governor shall be chosen at the same time, and for the same term. The Governor and Lieutenant-Governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of December, one thousand eight hundred and ninety-six, and their successors shall be chosen at the general elec- tion in that year. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Term of governor and lieutenant-governor 1. The executive power shall be vested in a governor, who shall hold his office for [two] four years; a lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenant-governor elected next preceding the time when this section shall take effect, shall hold office until and includ- ing the thirty-first day of December, one thousand [eight] nine hundred and [ninety-six,] twelve, and their successors shall be chosen at the general election in that year. 1910. A. No. 2504 (Int. 435). A. J. 186, 2424, 2434, 3263, 3272, 3329, 3395. 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 82 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article IV, 3 3. The Governor and Lieutenant- Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Gov- ernor and Lieutenant-Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Leg- islature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature terms and apportionment of legislators (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the terms and regulating the appor- tionment of the legislators, see p. 310.) 2. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions -of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 3. Biennial sessions of legislature salaries and terms of legislators appropriations apportionment (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the salaries and terms of the legislators, and regulating the making of appropriations and apportionment of legis- lators, see p. 311.) 4. The Governor shall be Commander-in- Chief of the military and naval forces of the State. He shall have power to convene the Legislature, or the Senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the Governor may recommend for consideration. He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall ex- pedite all such measures as may be resolved upon by the Legis- lature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Salary of governor 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 83 Article IV, 4 the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legis- lature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of [ten] tiventy thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. 1910. A. No. 1232 (Int. 421). (Substituted for S. No. 680.) To Sec. of State. A. J. 170, 625, 700, 753, 812, 833, 850, 877, 908. S. J. 398, 406, 407. S. No. 680 (Int. 68). (A. No. 1232 substituted.) S. J. 31, 368, 399. 1911. S. No. 2013 (Int. 1469). To Sec. of State. S. J. 1384, 1704, 1802, 1937, 2240. A. J. 3361, 3773, 3782, 3787, 4039. * S. No. 2249 (Int. 1660). To Sec. of State. S. J. 2264, 2413, 2428. A. J. 4091. Rejected Nov. 7, 1911. Vote: for, 252,791; against, 376,455. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Salary of governor 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall com- municate by message to the legislature at every session the con- dition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary [of] twenty-five [ten] * To correct technical error in S. No. 2013 (Int. 1469). See Legislative Index 1911, p. 153. 84 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article IV, $ 4 thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. 1908. S. No. 578 (Int. 7). S. J. 7, 277, 305, 353, 407. 2. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 3. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the -legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 5. The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sen- tence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or com- mute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the Legis- lature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was con- victed, the sentence and its date, and the date of the commutation, pardon or reprieve. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Court of pardons remission of fines 5. The governor,, the chief judge and three judges of the court of appeals, or a major part of them, annually designated by the governor shall constitute a court of pardons and shall have the power to grant reprieves, commutations, remit fines and pardons after conviction, for all offenses except treason and cases of im- peachment, upon such conditions and with such restrictions and limitations, as [he]' they may think proper, subject to such regula- tions as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, [he] the governor shall have power to suspend the execution of the sentence, until the case II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 85 Article IV, 9 shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. [He] The governor shall annually communicate to the legislature each case of reprieve, commutation, [or] pardon granted, or fine remitted stating the name of the convict, the crime of which he was con- victed, the sentence and its date, and the date of the commutation, pardon,, [or] reprieve or remission of fine. 1913. A. No. 1873 (Int. 31). A. J. 36, 1057, 1166, 1272, 1369, 1410, 1522, 1585, 1755, 1816, 2132, 2311, 2408. 2. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 9. Every bill which shall have passed the Senate and As- sembly shall, before it becomes a law, be presented to the Gov- ernor; 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 orig- inated, 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 be- come 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 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 *day (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 Gov- ernor contain several items of appropriation of money, he may object to one or more of such items while approving of the other So in original. 86 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article IV, 9 portion of the bill. In such case he shall append to the bill, at the time of signing 1 it, a statement of the items to which he ob- jects ; 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 recon- sideration 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 appro- priating money. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Governor to approve or veto bills within ten days 9. (Proposal to add the following:) The governor sliall sign any bill after passing both houses within ten days, and if he fails to sign any bill after ten days (Sundays except ed) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, and the governor must sign or veto any bill that has passed both houses within ten days after being presented to him for his approval or veto, and he cannot return to the legislature while in session any bill after its passage by both houses unless he has approved or vetoed such bill, subject to his recommendation for an amendment to the bill. The legis- lature shall refuse to accept any bills from the governor that has passed both houses for an extension of time for the governor to approve or veto the same while the legislature is in session, unless the governor desires an amendment to the bill. 1908. A. No. 2134 (Int. 1493). A. J. 1735. 2. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.) 3. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of electric officers, see p. 293.) II] AMENDMENTS ADOPTED AND PBOPOSED, 1895-1914 87 Article V, $ 1 ARTICLE V 1. The Secretary of State, Comptroller, Treasurer, Attor- ney-General and State Engineer and Surveyor shall be chosen at a general election at the times and places of electing the Gover- nor 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 As- sembly, shall at stated times during his continuance in office, receive for his services a compensation which shall not be in- creased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or per- quisites 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. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Making certain state officers elective 1. The secretary of state, comptroller, treasurer, attorney- general [and], state engineer and surveyor, superintendent of banks, superintendent of insurance and a railroad commissioner 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 con- tinuance in office, receive for his services a compensation which shall not be increased or diminished during the term for which lie shall have been elected; nor shall he receive to his use any fees or *perquisities 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. 1906. A. No. 265 (Int. 265). A. J. 91. 2. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 3. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) * -So in original. 88 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article V, 2 2. 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. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short "ballot (For proposed amendment to this and other sections providing for the short .ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 3. 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 relat- ing 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 Sur- veyor; 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 shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 89 Article V, 4 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 superintend- ent 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 Superintend- ent 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. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 4. A Superintendent of State Prisons shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed ; he shall give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties ; he shall have the superintendence, management and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison 90 NEW YORK STATE CO^-:TITUTION ANNOTATED [Part Article V, 4 shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Super- intendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and per- formed by the inspectors of State Prisons. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 5. The Lieutenant-Governor, Speaker of the Assembly, Secre- tary 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 consist of the commissioners of the canal fund, the State Engineer and Surveyor and the Super- intendent of Public Works. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 6. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 91 Article V, 9 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 7. The Treasurer may be suspended from office by the Gov- ernor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a com- petent person to discharge the duties of the office during such suspension of the Treasurer. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or com- modity whatever, are hereby abolished; and no such office shall hereafter be created by law ; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls or purchases, or of supplying the people with correct stand- ards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short baUot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of the legislature, governor and lieu- tenant-governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 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 ascer- tained, so far as practicable, by examinations, which, so far as 92 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article V, 9 practicable, shall be competitive ; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and resi- dents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Preference to veterans of Spanish- American war 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, so far as practicable, shall be competitive; provided, however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, or of the war with Spain, who are citizens and residents of this state, shall be en- titled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or pro- motion may be made. Laws shall be made to provide for the enforcement of this section. 1899. A. No. 2177 (Int. 1532). A. J. 2355. 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war or in the late Spanish- American war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1901. S. No. 901 (Int. 700). (Same as A. No. 1522.) To A. S. J. 605, 806, 975, 1051, 1062. A. J. 2276. A. No. 1522 (Int. 1181). ('Same as S. No. 901.) A. J. 1326. 1902. S. No. 247 (Int. 229). S. J. 89. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 93 Article V, 9 9. Appointments and promotions in the civil service of the state, and of all the civil divisions thereof, including cities and villages, shall he made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive ; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war who are citizens and resi- dents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made[.] ; and that, subject to the prior preference accorded to honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, honorably discharged soldiers and sailors from the army and navy of the United States in the late Spanish American war, who at the time of their several enlistments were citizens or residents of this state shall be entitled to a like preference in appointment and promotion. Laws shall be made to provide for the enforcement of this section. 1902. A. No. 1269 (Int. 13). A. J. 38, 1035. 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, so far as practicable, shall be competitive; provided, however, that [[honorably] honorable discharged soldiers and sailors from the army and navy of the United States in the late civil war and Spanish- American war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1907. A. No. 1633 (Int. 1321). A. J. 1080. 2. Additional percentage on ratings of certain discharged soldiers, sailors and marines 9. Appointments and promotions in the civil service of the state, and of all the civil divisions thereof, including cities and vil- lages, shall be made according to merit and fitness to be ascertained ;so] as far as practicable, by examinations, which, [so] 1 as far 94 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article V, 9 as practicable, shall be competitive; provided, however, that honorably discharged soldiers, [and] sailors and marines from the army and navy of the United States [in the late civil war], who belong to the following classes, and who are citizens and resi- dents of this state, shall be entitled to preference in appointment and promotion [, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.] in the following manner and order: 1. Veterans of the late civil war, without regard to their stand- ing on any list from which such appointments or promotions may l)e mad.e. 2. Honorably discharged soldiers, sailors and marines from the army and navy of the United States, who were or shall be enlisted from this state, and who were at the time of such enlistment actual residents of this state, or who shall have been residents of this state for a period of five years prior to their making application for examination, shall be entitled to and shall receive an additional ten points on their rating, after they shall have been placed on any eligible list for appointment or promotion. 1908. S. No. 560 (Int. 489). (Same as A. No. 1010.) S. J. 247. A. No. 1010 (Int. 856). (Same as S. No. 560.) A. J. 460. 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, so far as practicable shall be competitive ; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and resi- dents of this state, shall be entitled to preference in appoint- ment and promotion, without regard to their standing on any list from which such appointment or promotion may be made[.]'; and provided that a percentage of ten per centum shall be added to the ratings received on said examination, by honorably dis- charged soldiers, sailors and marines, for the army, navy and marine corps of the United States, who served during the late war with Spain or the incidental insurrection in the Philippine Islands or the Boxer insurrection in China prior to July fourth, nineteen hundred and two, who are citizens and were, at the time II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 95 Article V, 9 of enlistment, residents of the state, after they shall have been placed on any eligible list for appointment or promotion. Laws shall be made to provide for the enforcement of this section. 1908. A. No. 1799 (Int. 447). A. J. 133, 1070, 1271, 1490, 1510. 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and resi- dents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing, on any list from which such appointment or promotion may be madef.]; and provided that honorably discharged soldiers, sailors and marines from the army and navy of the United States who served during the late war with Spain, the incidental insurrection in the Philip- pines, or the boxer uprising in China, prior to July fourth, nine- teen hundred and two, and who are citizens, and shall have been residents of this state for a period of five years prior to their making applications for said examination, shall receive an addi- tional ten points on their rating, after they shall have been placed on any eligible list for appointment or promotion. Laws shall be made to provide for the enforcement of this section. 1909. S. No. 438 (Int. 403). (Same as A. No. 747.) S. J. 261. A. No. 747 (Int. 696). (Same as S. No. 438.) A. J. 415. 3. Preference to certain discharged soldiers, sailors and marines 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, or who have been honorably discharged after a three years service as such, soldiers or sailors or as marines, or who have served as such soldiers, sailors or marines, in the late Spanish- American war, or in the ivars in the 96 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article V, 9 Philippines or in China, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made[.], except that the honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war shall have the first pref- erence under the provisions of this article. Laws shall be made to provide for the enforcement of this section. 1901. A. No. 2084 (Int. 1460). A. J. 2151. 9. Appointments and promotions in the civil service of the state, and of [all J the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors and marines from the 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 regard to their standing on any list from which such appointment or promotion may be made in the following order: 1. Veterans of the late civil war. 2. Veterans of the late war ivith Spain, or the incidental in- surrection in the Philippine islands, or the Boxer insurrection in China. 3. All other honorably discharged soldiers, sailors and marines from the army and navy of the United States, who shall have completed at least one full term of enlistment, or who shall have been discharged for disability. Laws shall be made to provide for the enforcement of this section. 1906. S. No. 377 (Int. 344). (Same as A. No. 1564.) S. J. 151. A. No. 1564 (Int. 1227). (Same as S. No. 377.) A. J. 1092. 4. Preference to veterans of Spanish-American war and Philippine insurrection 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 ascer- tained, so far as practicable, by examinations, which, so far as II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 97 Article V, 9 practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, or in the late Spanish- American war,, or in the Philippine insurrection, who are citizens and residents of this state, shall be entitled to preference in ap- pointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1906.' S. No. 159 (Int. 151). S. J. 53. 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 ascer- tained so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, and Spanish- American and the Philippine wars [Spanish- American war*] who are citi- zens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1908. A. No. 1329 (Int. 72). A. J. 41, 527, 738. 1909. A. No. 338 (Int. 331). (Same as A. No. 1243.) A. J. 188. A. No. 1243 (Int. 1089). (Same as A. No. 338.) A. J. 705. 5. Preference to veterans of Spanish-American war and Boxer and Phil- ippine insurrections 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers, [and] sailors and marines from the army and navy of the United States, [in the late civil war] who belong to the following classes, and who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from * So in original. 98 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article V, $ 9 which such appointment or promotion may be made[.] in the following order: First. Veterans of the late civil war. Second. Veterans of the late war with Spain or the incidental insurrection in the Philippine Islands, or the Boxer insurrection in China, who served prior to July fourth, nineteen hundred and two. Laws shall be made to provide for the enforcement of this section. 1908. A. No. 85 (Int. 85). A. J. 43. 6. Additional percentage on ratings of Spanish-American war veterans 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and resi- dents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made[.]; and provided that a percentage of ten per centum shall be added to the ratings received on said examinations, by honorably discharged soldiers, sailors and marines, from the army, navy and marine corps of the United States, who served during the late war with Spain, who are citizens and were, at the time of enlistment, resi- dents of the state, after they shall have been placed on any eligible list for appointment or promotion. Laws shall be made to provide for the enforcement of this section. 1908. S. No. 806 (Int. 217). To A. Amended, A. No. - .* S. J. 73, 441, 534, 627, 647, ll35. A. J. 2266, 2457, 2465, 2498. 7. Preference to civil war veterans who were residents of state at time of enlistment 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 ascer- tained, so far as practicable, by examinations which, so far as * S. No. 806 (Int. 217), as amended in the assembly, was apparently never reprinted. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 99 Article V, 9 practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, and who, at the time of enlistment were citizens and residents of this sidle,, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1899. A. No. 47 (Int. 47). A. J. 62. 8. Preference to veterans according to date of wars 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States [in the late civil] who served in any war, and who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, according to the open- ing date of the war in which they served, without other regard to their standing on any list from which such appointment or pro- motion may be made. Laws shall be made to provide for the enforcement of this section. 1912. A. No. 826 (Int. 769). A. J. 299. 9. Preference to certain discharged soldiers, sailors and marines and exempt volunteer firemen 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that hon- orably discharged soldiers and sailors from the 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 regard to their standing on any list from which such appointment or promotion may be 100 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article V, 9 made. All the rights conferred by this section, whether by im- plication or otherwise, upon honorably discharged soldiers, sailors and marines of the late civil war, so far as such rights limit the power of removal of such honorably discharged soldier, sailor or marine are hereby expressly conferred upon all honorably dis- charged soldiers, sailors or marines of the late ivar with Spain, jor the incidental insurrection in the Philippines prior to July fourth, nineteen hundred and two, and exempt volunteer firemen holding positions by appointment or employment in the public service. The rights, of honorably discharged soldiers, sailors and marines of the late civil war, however, shall at all times take precedence. In case the position so held by any such honorably discharged soldier, sailor or marine of the late civil war or the late war with Spain or the incidental insurrection in the Philippines prior to July fourth, nineteen hundred and two, or exempt volun- teer firemen shall become unnecessary or be abolished for economy, lack of work, insufficient funds or otherwise, the said honorably discharged soldier, sailor or marine of the late civil war or the late war with Spain or incidental insurrection in the Philippines prior to July fourth, nineteen hundred and two, or exempt volunteer firemen holding the same shall not be suspended or dismissed from the public service but shall at once be assigned or transferred to another position in the public service, and his salary shall not be impaired. Appropriate laws [Laws] shall be made to provide for the enforcement of this section. 1913. A. No. 911 (Int. 868). A. J. 338. 10. Preference to war veterans and certain civil service employees 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 ascer- tained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honor- ably discharged soldiers and sailors from the army and navy of the United States [in the late civil war,] who served in any war in which the United States was engaged or employees ivho have served ten years in the civil service in the state of New York or any political division thereof and who are citizens and resi- dents of this state, shall be entitled to preference in appointment, retention and promotion, without other regard to their standing on II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 101 Article VI, 1 any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section. 1913. A. No. 2722 (Int. 17). A. J. 35, 1375, 2567. 1914. S. No. 1023 (Int. 918). S. J. 320. 11. Abolition of civil service (The following proposals to repeal Art. V, 9, were introduced.) 1900. A. No. 1347 (Int. 1107)". A. J. 857. 1901. A. No. 1021 (Int. 871). A. J. 656. 1906. S. No. 1294 (Int. 949). (Same as A. No. 2269.) S. J. 1150. A. No. 2269 (Int. 1600). (Same as S. No. 1294.) A. J. 2289. 12. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 13. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of members of the legislature, governor and lieutenant-governor and providing for the short ballot, see p. 319.) ARTICLE VI Section 1. The Supreme Court is continued with general juris- diction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall consist of the Justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Justices who shall reside in, and be chosen by the electors of, the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts ; and of their successors. The successors of said Justices shall be chosen by the electors of their respective judicial districts. The Legis- lature may alter the judicial districts once after every enumera- tion under the Constitution, of the inhabitants of the State, and thereupon reapportion the Justices to be thereafter elected in the districts so altered. 102 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 1 AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 1. The Supreme Court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall consist of the Justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Justices who shall reside in, and be chosen by the electors of, the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts ; and of their successors. The successors of said Justices shall be chosen by the electors of their respective judicial districts. The Legisla- ture may alter the judicial districts once after every enumeration under the Constitution, of the inhabitants of the State, and there- upon reapportion the Justices to be thereafter elected in the dis- tricts so altered. The legislature may from time to time increase the number of justices in any judicial district, except that the number of justices in the first and second district or in any of the districts into which the second district may be divided, shall not be increased to exceed one justice for each eighty-thousand, or fraction over forty thousand of the population thereof, as shown by the last state, or federal census or enumeration, and except that the number of justices in any other district shall not be increased to exceed one justice for each sixty thousand or fraction over thirty-five thousand of the population thereof as shown by the last state or federal census or enumeration. The legislature may erect out of the second judicial district as now constituted, another judicial district and apportion the justices in office between the districts, and provide for the election of additional justices in the new district not exceeding the limit herein provided. 1902. S. No. 798 (Int. 329). (Same as A. No. 1346.) To Sec. of State. S. J. 164, 241, 528, 627, 740, 767, 768, 1434, 1435. A. J. 1329, 1663, 1738, 2009, 2080, 2955. A. No. 1346 (Int. 1039). (Same as S. No. 798.) A. J. 1087. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 103 Article VI, 1 1903. S. No. 1124 (Int. 12). To A. Amended, A. No. 2113. (Same as A. No. 897.) To Sec. of State. S. J. 16, 74, 984, 1169, 1232, 1247, 1508, 1566. A. J. 2646, 2780, 2994. A. No. 897 (Int. 764). ('Same as A. No. 2113, amended form of IS. No. 1124.) A. J. 466. Adopted Nov. 7, 1905. Vote: for 297,893; against 133,999. *1904. S. No. 1003 (Int. 773). (Same as A. No. 1410.) To A. S. J. 716, 1015, 1185, 1238. A. No. 1410 (Int. 1083). (Same as 'S. No. 1003.) A. J. 1054. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Additional supreme court justices new judicial district 1. (Proposal to add the following:) The legislature may from time to time increase the number of justices in any judicial district except that the number of justices in the first and second district or in any of the districts into which the second district may be divided, shall not be increased to exceed one justice for each eighty thousand, or fraction over forty thousand of the popula- tion thereof, as shown by the first-\ state, or federal census or enumeration, and except that the number of justices in any other district shall not be increased to exceed one justice for each sixty thousand or fraction over thirty-five thousand of the population thereof as shown by the last state or federal census or enumera- tion. The legislature may erect out of the second judicial district as now constituted, another judicial district and apportion the jus- tices in office between the districts, and provide for the election of additional justices in the new district not exceeding the limit herein provided. 1905. A. No. 295 (Int. 295). A. J. 116. 2. Additional justices for supreme court and court of appeals 1. (Proposal to add the following:) The legislature may at any time, when it deems that the public interests requires it, * The purpose of this concurrent resolution was to change the year of sub- mission of the above amendment as appears by section two thereof which reads as follows: " 2. Eesolved (if the senate concur), that section two of said con- current resolution be and the same hereby is amended so as to read as follows, namely: 1 2. Eesolved (if the assembly concur), that the foregoing amend- ment be submitted to the people for approval at the general election to be held in the year nineteen hundred and [five] four in accordance with the provisions of the election law.' " t This proposed amendment is like the amendment adopted in 1905 with the exception that the word "first" is here substituted for the word "last" in the adopted amendment. It is probable that this is a clerical error. 104 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VI, 1 increase the number of justices of the supreme court or of judges of the court of appeals as it sees fit, provided that the total number of judges of the court of appeals shall not exceed eleven, and pro- vided also that any bill increasing the number of justices or judges as aforesaid shall receive the assent of two-thirds of the members elected to each branch of the legislature. 1904. S. No. 195 (Int. 189). (Same as A. No. 253.) To Sec. of State. S. J. 61, 637, 1160, 1256, 1501, 1601. A. J. 2575, 2656, 2685. A. No. 253 (Int. 246). ('Same as S. No. 195.) A. J. 99. 1905. A. No. 283 (Int. 283). A. J. 108. 3. Additional supreme court justices assignment of justices 1. The supreme court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or may be prescribed by law not incon- sistent with this article. The existing judicial districts of the state are continued until changed as hereinafter provided. The supreme court shall consist of the justices now in office, and of the judges transferred thereto by the fifth section of this article, all of whom shall continue to be justices of the supreme court during their respective terms, and of [twelve] six additional justices who shall reside in and be chosen by the electors of the [several existing] first and second judicial districts, three in the first district and three in the second [and one in each of the other districts] district. [and of their successors.] The successors of said justices shall be chosen by the electors of their respective judicial districts. The legislature may alter the judicial district[s] once after every enumeration under the constitution, of the inhabitants of the state, and thereupon reapportion the justices to be thereafter elected in the districts so altered. 1902. S. No. 451 (Int. 388). (Same as A. No. 657.) S. J. 213. A. No. 657 (Int. 585). (Same as S. No. 451.) A. J. 331, 1051. 4. Increasing or diminishing justices of supreme court 1. (Proposal to add the following:) The legislature may from time to time increase or diminish the number of justices of the supreme court in any judicial district, whenever the appellate division of 'the supreme court for the department in which such district is comprised shall certify to the legislature that in their II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 105 Article VI, 1 opinion the public convenience requires an increase or decrease^ as the case may be, in the number of justices in such district, provided that the term of office of a justice of the supreme court shall not be abridged by any decrease in the number of justices in any district. 1902. S. No. 862 (Int. 674). (Same as A. No. 1305.) S. J.- 650. A. No. 1305 (Int. 1018). (Same as S. No. 862.) A. J. 1028. 5. Trial commissioners to assist supreme court justices in any district 1. (Proposal to add the following:) Whenever and as often as there shall be such an accumulation of causes on the calendar of the trial term of the supreme court, in any of the several ju- dicial districts, that the public interests require a more speedy disposition thereof, the appellate division of the supreme court in any of the several departments embracing said judicial district may certify such fact to the governor, together with a recom- mendation that he may designate as many persons to act as trial commissioners of the supreme court in such judicial district for a specified period, as the said appellate division may deem requisite. The governor shall thereupon designate the number of trial com- missioners so recommended for the specified period. The persons so designated shall be attorneys and counsellors-at-law of at least fifteen years' standing, practicing and residing in the judicial district to which they are appointed. Their jurisdiction shall be limited to the trial of such actions and special proceedings, and the disposition of such business, upon the trial term calendars of the supreme court in said districts as may be assigned to them, and subject to such rules and regulations as shall be made with regard thereto, by said appellate division. Every such trial com- missioner, when holding a trial term, shall exercise therein all the powers conferred by law upon trial justices of the supreme court in the trial of actions and special proceedings at trial term; and may settle a case upon appeal after the expiration of his specified term. For his services, each trial commissioner shall be paid while actually engaged under his designation, such sum monthly as shall be equal to the salary for a like period of a jus- tice of the supreme court in the judicial district to which he shall be appointed and such compensation shall be paid to him in the same manner. Each of such trial commissioners may appoint such 106 I^EW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 1 attendants for the trial term to which lie is assigned as may be necessary, not exceeding four; and all existing provisions of law relating to the appointment of clerks and stenographers for the parts and terms of the supreme court in the several judicial dis- tricts shall be applicable to the trial terms to which such trial commissioners may be assigned. 1900. S. No. 870 (Int. 716). S. J. 547. 6. Trial commissioners to assist supreme court justices in first and second districts 1. (Proposal to add the following:) Whenever and as often as there shall be such an accumulation of causes on the calendar of the trial term of the supreme court, in the first and second judicial districts, that the public interests require a more speedy disposition thereof, the appellate division of the supreme court in the first and second departments may certify such fact to the gov- ernor, together with a recommendation that he may designate as many persons to act as trial commissioners of the supreme court in such judicial district for a specified period, as the said appellate division may deem requisite. The governor shall thereupon desig- nate the number of trial commissioners so recommended for the specified period. The persons so designated shall be attorneys and counsellors-at-law of at least ten years' standing, practicing and residing in the judicial district to which they are appointed. Their jurisdiction shall be limited to the trial of such actions and special proceedings, and the disposition of such business, upon the trial term calendars of the supreme court in said district, as may be assigned to them, and subject to such rules and regulations as shall be made with regard thereto, by said appellate division. Every such trial commissioner, when holding a trial term, shall exercise therein all the powers conferred by law upon trial jus- tices of the supreme court in the trial of actions and special pro- ceedings at trial term; and may settle a case upon appeal after the expiration of his specified term. For his services, each trial commissioner shall be paid while actually engaged under his desig- nation, such sum monthly as shall be equal to the salary for a like period of a justice of the supreme court in the first and second judicial district and such compensation shall be paid to him in the same manner. Each of such trial commissioners may appoint such attendants for the trial term to ivhich he is assigned as may II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 107 Article VI, $ 2 be necessary, not exceeding four; and all existing provisions of law relating to the appointment of clerks and stenographers for the parts and terms of the supreme court in the first and second judicial districts shall be applicable to the trial terms to which such trial commissioners may be assigned. 1900. A. No. 1550 (Int. 685). To S. A. J. 401, 1095, 1394, 1506, 1601, 1621, 1699. S. J. 906. 7. Assignment of county judges to assist supreme court justices 1. (Proposal to add the following:) Whenever and as often as the number of causes upon the calendar of the trial term of the supreme court in any county shall exceed two thousand., the appel- late division of the department embracing such county shall certify such fact to the governor, who shall thereupon designate such number of county judges, not exceeding ten, as he shall deem necessary, to act as justices of the supreme court for such time as he shall designate, but no longer than until the number of causes upon the said calendar shall have been reduced to two thou- sand, which fact shall thereupon be certified by such appellate division to the governor, and on the filing of said certificate such designations of county judges to serve as justices of the supreme court shall thereupon expire. The county judges so designated shall continue to act as county judges, except during the time for which they shall be so designated as justices of the supreme court. They shall receive the same compensation for their services as such justices as is paid to justices of the supreme court from other departments assigned to the county to which such county judges are designated, to be paid in the same manner. No county judge shall serve as justice of the supreme court except while holding the office of county judge, nor shall sit outside the county to which he shall be assigned. 1902. S. No. 84 (Int. 84). ('Same as A. No. 133.) S. J. 29. A. No. 133 (Int. 133). (Same as S. No. 84.) A. J. 58. 2. The Legislature shall divide the State into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial depart- ments, but without increasing the number thereof. PART II 5 108 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 There shall be an Appellate Division of the Supreme Court, consisting of seven Justices in the first department, and of five Justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five Justices shall sit in any case. From all the Justices elected to the Supreme Court the Gov- ernor shall designate those who shall constitute the Appellate Division in each department; and he shall designate the Presid- ing Justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other Jus- tices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act, of any Justice in the Appellate Division. A majority of the Justices designated to sit in the Appellate Division in each department shall be residents of the department. Whenever the Appellate Division in any department shall be unable to dispose of its business within a reasonable time, a majority of the Pre- siding Justices of the several departments at a meeting called by the Presiding Justice of the department in arrears may trans- fer any pending appeals from such department to any other department for hearing and determination. No Justice of the Appellate Division shall exercise any of the powers of a Justice of the Supreme Court, other than those of a Justice out of court, and those pertaining to the Appellate Division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety- five, the Appellate Division shall have the jurisdiction now exer- cised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Leg- islature. It shall have power to appoint and remove a reporter. The Justices of the Appellate Division in each department shall have power to fix the times and places for holding Special and Trial Terms therein, and to assign the Justices in the departments to hold such terms ; or to make rules therefor. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 109 Article VI, 2 AMENDMENTS SUBMITTED TO THE PEOPLE AND ADOPTED 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York ; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial depart- ments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall con- stitute a quorum, and the concurrence of three shall be neces- sary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presid- ing justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other jus- tices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division in each department shall be residents of the department. He may also make temporary designations in case of the absence or inabil- ity to act of any justice in the appellate division [.J [A majority of the justices designated to sit in the appellate division in each department shall be residents of the departments.], or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its busi- ness within a reasonable time, a majority of the presiding jus- tices of the several departments at a meeting called by the pre- siding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and 110 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety- five, the appellate division shall have the jurisdiction now exer- cised by the supreme court at its general terms and by the gen- eral terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The jus- tices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms ; or to make rules therefor. 1898. S. No. 150 (Int. 146). To Sec. of State. S. J. 71, 210, 264, 274, 280, 1117. A. J. 65'2, 2037, 2084, 2156, 2158. 1899. S. No. 1313 (Int. 919). (Same as A. No. 2115.) To Sec. of State. S. J. 933, 1119, 1199, 1209, 1327, 1332, 1334, 1393. A. J. 2670. A. No. 2115 (Int. 1328). (Same as S. No. 1313.) A. J. 1501, 1726. 2044, 2114, 2116, 2211, 2242, '2275, 2277. To S. S. J. 1259. Adopted Nov. 7, 1899. Vote: for, 283,880; against, 137,408. 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial depart- ments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 111 Article VI, 2 occur, he shall make new designations. A majority of the jus- tices so designated to sit in the appellate division, in each depart- ment shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall, within the department to which he may be designated to perform the duties of an appellate justice, exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division, or to the hearing and decision of motions submitted by consent of counsel, but any such justice, when not actually engaged in performing the duties of such appellate justice in the department to which he is designated, may hold any term of the supreme court and exer- cise any of the powers of a justice of the supreme court in any county or judicial district in any other department of the state. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The jus- tices of the appellate division in each department shall have power to fix the times and places for holding special [and trial] terms therein, and to assign the justices in the departments to hold such terms ; or to make rules therefor. 1904. S. No. 991 (Int. 124). To Sec. of State. S. J. 38, 639, 710, 732, 842, 8'69, 1420. A. J. 1684, 1759, 1880, '2108, 2178. , 112 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 2 1905. S. No. 292 (Int. 272). To Sec. of State. S. J. Ill, 975, 1032, 1097, 1388. A. J. 2152, 2427, 2518, 2591. Adopted Nov. 7, 1905. Vote: for, 288,277; against, 125,649. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Taking power from appellate division to designate special terms, assign justices in department and make rules 2. The legislature shall divide the state into four judicial de- partments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appel- late division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other de- partments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the jus- tices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each depart- ment; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appel- late division, or in case the presiding justice of any appellate divi- sion shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. When- ever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other depart- ment for hearing and determination. No justice of the appellate division shall, within the department to which he may be desig- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 113 Article VI, 2 nated to perform the duties of an appellate justice, exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate divi- sion, or to the hearing and decision of motions submitted by con- sent of counsel, but any such justice, when not actually engaged in performing the duties of such appellate justice in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any county or judicial district in any other department of the state. From and after the last day of December, eighteen hun- dred and ninety-five, the appellate division shall have the jurisdic- tion now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. [The justices of the appellate division in each department shall have power to nx the times and places for holding special terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.] 1909. S. No. 309 (Int. 291). (Same as A. No. 570.) To A. S. J. 184, 992, 1041, 1227. A. J. 2321. A. No. 570 (Int. 536). (Same as S. No. 309.) A. J. 317, 1507, 1597, 1654. 1910. S. No. 96 (Int. 96). (Same as A. No. 592.) To Sec. of State. S. J. 39, 368, 381, 663, 1897, 1899. A. J. 1481, 2935, 2947, 2980, 3069, 3225. A. No. 592 (Int. 556). (Same as S. No. 96.) A. J. 244. 1911. S. No. 176 (Int. 172). (Same as A. No. 358.) To Sec. of State. S. J. 75, '213, 226, 240, 242, 534. A. J. 526, 990, 1053, 1090. A. No. 358 (Int. 351). (Same as S. No. 176.) To S. A. J. 178, 662, 696, 702, 713, 755, 921. S. J. 482. Kejected Nov. 7, 1911. Vote: for, 267,194; against, 352,830. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Designation of appellate division justices by court of appeals 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial depart- 114 NEW YOBK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 merits but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven jus- tices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a deci- sion. No more than five justices shall sit in any case. From all the justices elected to the supreme court the [Governor] court of appeals shall designate those who shall constitute the appellate division in each department; and [he] the court of appeals shall designate the presiding justice thereof, who shall act as such dur- ing his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, [he] the court of appeals shall make new designations. A majority of the justices so designated to sit in the appellate division, in each department shall be residents of the department. [He] The court of appeals may also make tem- porary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to [him] the court of appeals that one or. more additional justices are needed for the speedy dis- position of the business before it. Whenever the appellate divi- sion in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding jus- tice of the department in arrears may transfer any pending ap- peals from such department to any other department for hearing and determination. No justice of the appellate division shall ex- ercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions sub- mitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a re- II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 115 Article VI, 2 porter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms ; or to make rules therefor. 1903. S. No. 71 (Int. 71). (Same as A. No. 21.) S. J. 35. A. No. 21 (Int. 21). (Same as 'S. No. 71.) A. J. 35. 1934. A. No. 379 (Int. 176). A. J. 85, 162. 1905. S. No. (Int. ).* A. J. 55. 2. Designation of appellate division justices by court of appeals appoint- ment of extra special or trial terms 2. The legislature shall divide the state into four judicial de- partments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as [may] can be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the [governor] court of appeals shall designate those who shall constitute the appellate division in each department and [he] shall designate [the]l a presiding justice thereof, who shall act as such during his term of office and shall be a resident of the department. The other justices shall be desig- nated for terms of five years or the unexpired portion[s] of their respective terms of office, if less than five years. From time to time as the term[s]! of such designations expire, or vacancies oc- cur, [he] it shall make new designations. A majority of the jus- tices so designated to sit in the appellate division, in each depart- ment shall be residents of the department. [He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding jus- tice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the * Proposed constitutional amendment referred to in A. J. 55 apparently not printed. 116 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 business before it.] In case of the absence or inability to act of any justice in the appellate division the presiding justice of such appellate division shall make a temporary designation of some justice in the department to act in the place and stead of such ab- sent or incapacitated justice. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the sev- eral departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determi- nation. [No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate divi- sion or to the hearing and decision of motions submitted by con- sent of counsel.] From and after the last day of December, eigh- teen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court' of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legis- lature. It shall have power to appoint and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the department to hold such terms, or to make rules therefor. // when any appellate division is not in session the necessity arises for holding an extra special or trial term in such department the presiding justice of the appel- late division of that department shall appoint a time and place for the holding of such extra special or trial term and designate a jus- tice to hold the same. 1902. S. No. 451 (Int. 388). (Same as A. No. 651.) S. J. 213. A. No. 651 (Int. 585). (Same as S. No. 451.) A. J. 331, 1051. 3. Designation of appellate division justices by court of appeals powers of appellate division justice within and outside department 2. The legislature shall divide the state into four judicial de- partments. The first department shall consist of the county of New York; the others shall be bounded by county lines and be compact and equal in population as nearly as may be. Once every II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 117 Article VI, 2 ten years the legislature may alter the judicial departments but without increasing the number thereof. There shall be an appel- late division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other de- partments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the [governor] court of appeals shall designate those who shall constitute the appellate division in each department; and [he] the court of appeals shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the un ex- pired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations ex- pire, or vacancies occur, [he] the court of appeals shall make new designations. A majority of the justices so designated to sit in the appellate division, in each department shall be residents of the department. [He] The court of appeals may also make tempo- rary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to [him] the court of ap- peals that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its busi- ness within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the 'presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hear- ing and determination. No justice of the appellate division shall[, within the department to which he may be designated to perform the duties of an appellate justice,] exercise any of the powers of- the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel[, but any such justice, when not actually engaged in performing the duties of such appellate justice in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any county or judicial district in any other department of the state.] From and after 118 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buf- falo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to ap- point and remove a reporter. The justices of the appellate divi- sion in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor. 1908. A. No. 889 (Int. 767). A. J. 361, 1649. 1909. A. No. 918 (Int. 832). A. J. 524. 4. Jurisdiction of appellate division power to fix times and places of trial terms 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York ; the other shall be bounded by county lines, and be com- pact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but with- out increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other depart- ments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof, who shall act as such dur- ing his term of office, and shall be a resident of the department, The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time, as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate divi- sion, in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 119 Article VI, $ 2 the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy dis- position of the business before it. Whenever the appellate divi- sion in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding jus- tice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appel- late division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, except in a case where an appeal upon a question of law may be and is taken directly to the court of appeals as provided in section nine of this article, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for hold- ing special [and trial] terms therein, and to assign the justices in the departments to hold such terms ; or to make rules therefor. 1904. S. No. 193 (Int. 187). (Same as A. No. 252.) S. J. 59. A. No. 252 (Int. 245). (Same as S. No. 193.) A. J. 99. 5. Appellate division to designate times and places of trial terms 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appel- late division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other de- partments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No 120 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 2 more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department ; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the depart- ment. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designa- tions. A majority of the justices so designated to sit in the appel- late division, in each department shall be residents of the depart- ment. He may also make temporary designations in case of the absence or inability to act to any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the pre- siding justice of the department in arrears may transfer any pend- ing appeals from such department to any other department for hearing and determination. No justice of the appellate division shall, within the department to which he may be designated to perform the duties of an appellate justice, exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division, or to the hearing and decision of motions submitted by consent of counsel, but any such justice, when not actually engaged in per- forming the duties of such appellate justice in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any county or judicial district in any other department of the state. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such addi- tional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The justices of the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 121 Article VI, $ 4 appellate division in each department shall have power to fix the times and places for holding special and trial terms therein,_and to assign the justices in the departments to hold such terms; or to make rules therefor. 1907. S. No. 353 (Int. 320). (Substituted for A. No. 754.) To Sec. of 'State. S. J. 151, 276, 293, 307, 478. A. J. 536, 786, 863. A. No. 754 (Int. 697). (S. No. 353 substituted.) A. J. 320, 612, 642, 662, 729, 787, 791. 1909. S. No. 241 (Int. '236). To A. S. J. 119, 553, 583, 594. A. J. 1070. 4. The official terms of the Justices of the Supreme Court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of Justice of the Supreme Court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs ; and, until the vacancy shall be so filled, the Governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such va- cancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Commencement of term of supreme court justices vacancies other than expiration of term 4. The official terms of the justices of the supreme court shall he fourteen years from and including the first day of January of the odd numbered year next after their election. When a va- cancy shall occur otherwise than by *experation of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election in an even numbered year, happening not less than three months after such vacancy occurs ; and, until the vacancy shall be so filled the governor, by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor may fill such vacancy by appointment, which shall continue until and including the las* * So in original. 122 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 4 day of December next after the election at which the vacancy shall be filled. 1898. A. No. 894 (Int. 778). A. J. 491. 2. Court of appeals to fill vacancies in supreme court by appointment until general election 4. The official [terms] term of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy [shall occur] occurs otherwise than [by] the expiration of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the [governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor,] court of appeals may fill such vacancy by appoint- ment^ which shall continue until and including the last day of December next after the election at which the vacancy shall be filled]. 1902. S. No. 451 (Int. 388). (Same as A. No. 657.) S. J. 213. A. No. 657 (Int. 585). (Same as S. No. 451.) A. J. 331, 1051. 3. Elections to fill vacancies in supreme court in odd numbered years extension of term of certain justices 4. The official terms of the justices of the supreme court shall be fourteen years from and including the first day of Janu- ary next after their election. When a vacancy shall occur other- wise than by expiration of term in the office of justice of the supreme court the same shall be filled for a full term at the next general election happening in an odd numbered year, not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor, by and with the advice and con- sent of the senate, if the senate shall be in session or, if not in session, the governor may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. All elections for justices of the supreme court shall be held on the Tuesday succeeding the first Monday of November in an odd numbered year,, and the term of every such justice shall expire at the end of an odd numbered year. The term of office of all justices of the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 123 Article VI, 5a supreme court elected before this provision of the constitution shall take effect whose successors have not then been elected,, which would expire within an even numbered year, are extended To and including the last day of December next following the time when such term would otherwise expire; and their successors shall be elected at the general election before their term of office shall expire, as herein provided. 1904. S. No. 196 (Int. 190). (Same as A. No. 251.) S. J. 63. A. No. 251 (Int. 244). (Same as S. No. 196.) A. J. 99. 4. Appointee to fill vacancy in supreme court of same political party as predecessor 4. The official terms of the justices of the supreme coiirt shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy [occurs J happens; and, until the vacancy shall be [so] filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. But in filling such vacancy by appointment the appointee named by the governor shall in all cases be of the same political party and faith as was the justice to fill whose place he shall be appointed. 1908. A. No. 46 (Int. 46). A. J. 32, 1650. 1909. A. No. 918 (Int. 832). A. J. 524. 5. Consolidating city court of New York with supreme court 5a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and ten, and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and determination. The judges of said court elected thereto or 124 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 5a in office on the first day of January, nineteen hundred and ten, shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial district in which they reside. Th'e jurisdiction now exercised by the city court of New York hereby abolished shall be vested in the supreme court. 1907. A. No. 287 (Int. 286). A. J. 81, 447. 1908. S. No. 64 (Int. 63). (Same as A. No. 390.) S. J. 27. A. No. 390 (Int. 379). (Same as S. No. 64.) A. J. 112. 5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, 1910, and thereupon the seals, records, papers and documents of or belonging to said court shall be de- posited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the Supreme Court for hearing and deter- mination. ' The judges of said court elected thereto or in office on the first day of January, 1910, shall, for the remainder of the term for which they were elected or appointed, be justices of the Supreme Court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the Supreme Court residing in the county of New York. Their successors shall be elected as justices of the Supreme Court by the electors of the judicial district in which they re- side. The number of justices of the Supreme Court in the first district, as increased by the provisions of this section, shall be in addition to, and not included in computing the number which the Legislature is authorized to create, in such district, by the pro- visions of section 1 of this article. The jurisdiction now exer- cised by the city court of New York hereby abolished shall be vested in the Supreme Court. Section 1 of this article providing for the manner in which the number of justices of the Supreme II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 125 Article VI, 5a Court may be increased, shall not be affected by, nor shall it be deemed to affect or apply to the increase in the number of justices of the Supreme Court effected by the consolidation of the said city court of the city of New York with the Supreme Court. 1908. S. No. 654 (Int. 562). S. J. 297. 5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and ten, and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and deter- mination. The judges of said court elected thereto or in office on the first day of January, nineteen hundred and ten, shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial district in which they reside. The number of justices of the supreme court in the first district, as increased by the provisions of this section, shall be in addition to, and not included in computing the number which the legislature is authorized to create, in such district, by the pro- visions of section one of this article. The jurisdiction now exer- cised by the city court of New York hereby abolished shall be vested in the supreme court. 1908. A. No. 1054 (Int. 883). A. J. 503. 5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and twelve and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and 126 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 6 determination. The judges of said court elected thereto or in office on the first day of January,, nineteen hundred and tiuelve shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial dis- trict in which they reside. The jurisdiction now exercised by the city court of New York hereby abolished shall be vested in the supreme court. 1910. S. No. 95 (Int. 95). S. J. 39, 1717. 6. Circuit Courts and Courts of Oyer and Terminer are abol- ished from and after the last day of December, one thousand eight hundred and ninety-five. All their jurisdiction shall thereupon be vested in the Supreme Court, and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. Any Justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Trial commissioners 6. (Proposal to add the following:) Whenever and as often as the causes upon the trial term calendar of any county of this state, having a population according to the latest state enumera- tion of over five hundred thousand, shall have so accumulated that an unpreferred cause cannot be reached for trial in due course within one year after it has been placed upon the calendar, the appellate division of the department in which such county is em- braced may, by a certificate signed by a majority of its members, certify the fact to the court of appeals, whereupon said court may by order authorize the appointment in said county of trial com- missioners, stating in said order the number of commissioners to be appointed, and their terms of office, not exceeding six years. Such order shall be made in duplicate and one copy thereof filed in the office of the secretary of state, and one in the office of the clerk of the county in which said appointments are authorized. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 127 Article VI, 7 The appellate division of the department embracing said county shall thereupon appoint the number of trial commissioners autJwr- ized by said order, who must possess the qualifications required for a justice of the supreme court. They shall possess and exercise in the county for which they are appointed all the powers of a justice of the supreme court respecting the trial and disposition of causes upon said trial term calendar and the settlement of cases on appeal,, but shall possess none of the powers of such a justice out of court or at special term. They may be removed in the same manner as is provided in case of a justice of said supreme court. They shall each receive an annual salary of twelve thousand dollars to be paid by the county for which they are appointed, and may not practice law. 1904. S. No. 775 (Int. 574). To Sec. of State. S. J. 351, 480, 637, 709, 745, 769, 1420. A. J. 1458, 2109, 2183, 2279, 2375. 1905. A. No. 353 (Int. 353). A. J. 139, 3206, 3228. 2. Designation of supreme court commissioners to hold trial terms 6. (Proposal to add the following:) In any department in which supreme court commissioners have been appointed, the justices of the appellate division of the department, or a majority of them, are authorized from time to time to designate one or more of such supreme court commissioners to hold trial terms of the supreme court within such department and to revoke such designa- tion. A supreme court commissioner so designated shall have power to hold a trial term of the supreme court within said depart- ment and to perform the duties of a justice of the supreme court in the trial term to which he may be assigned. 1904. S. No. 1307 (Int. 937). To Sec. of State. S. J. 1146, 1357, 1478, 1558, 1707. A. J. 2710, 2728. 1905. A. No. 284 (Int. 284). A. J. 108, 2899. 1906. A. No. 2031 (Int. 1091). A. J. 893, 1833. 7. The Court of Appeals is continued. It shall consist of the Chief Judge and Associate Judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the State. The official terms of the Chief Judge and Associate Judges shall be fourteen years from and including the first day of January 128 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 7 next after their election. Five members of the court shall form a quorum and the concurrence of four shall be necessary to a de- cision. The court shall have power to appoint and to remove its reporter, clerk and attendants. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of the court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the causes undis- posed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor mav designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while hold- ing the office of justice of the supreme court, and no more than seven judges shall sit in any case. 1898. S. No. 1024 (Int. 555). To Sec. of State. S. J. 392. 783. 1006, 1098, 1134, 1444. A. J. 2537, 2590, 2604, 2654. 1899. S. No. 301 (Int. 294). To Sec. of State. S. J. 148, 1074. 1118, 1150, 1182, 1935. A. J. 2358, 3313, 3318, 3360. Adopted Nov. 7, 1899. . Vote: for, 279,469; against, 132,064. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 129 Article VI, $ 7 AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Additional judges for court of appeals salaries 7. (Proposal to add the following:) There shall be elected at the next general election to be held after the adoption of this amendment, and thereafter as vacancies may occur, two additional associate judges of the court of appeals, of the judges of which court not more than seven shall sit on the hearing of any appeal, except that the court may, in its discretion, direct a reargument to be had before the entire court. Upon the entry of the judges so elected upon their respective offices the existing provision for designating justices of the supreme court as associate judges of the court of appeals shall cease and determine. The salary of the associate judges of the court of appeals shall be the sum of fifteen thousand dollars a year, and that of the chief judge the sum of fifteen thousand dollars a year, and that of the chief judge the sum of fifteen thousand five hundred dollars a year, which salary shall be in lieu of and shall exclude all other compensation and allow- ances for expenses of every nature and kind whatever. 1906. S. No. 1368 (Int. 984). To A. S. J. 1294, 1534, 1596, 1734, 1776, 1822. A. J. 3015. 1907. A. No. 2295 (Int. 1670). To Sec. of State. A. J. 1981, 3268, 3273, 3305, 3327, 3332, 4055. S. J. 1802, 2092, 2228. 1909. A. No. 782 (Int. 751). To S. Amended, S. No. 998. To Sec. of State. A. J. 432, 506, 546, 557, 574, 1424, 1493. S. J. 355, 573, 605, 606, 732, 737, 784. Kejected Nov. 8, 1910. Vote: for, 332,300; against, 332,592. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Second division of court of appeals to relieve calendar 7. (Proposal to add the following:) Whenever, and as often as, there shall be such an accumulation of causes on the calendar of the court of appeals that the public interests require a more speedy disposition thereof, the said court may certify such fact to the governor, who shall thereupon designate seven persons to act as associate judges, for the time being, of the court of appeals, and to form a second division of said court, and who shall act as such until all the causes upon the calendar of the court of appeals are determined, or the judges of said court, elected as such, shall certify to the governor that said causes are substantially disposed 130 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 7 of, and when said causes are thus determined., or upon receiving such certificate, the governor shall declare said second division* dissolved, and the designation of persons to serve thereon shall thereupon expire and cease. The second division of said court hereby authorized to be constituted shall have power and be com- petent to determine any causes in the court of appeals which may be assigned to such division by the court composed of persons elected to serve in said court, and said last named court may, at any time before judgment, direct any of the causes so assigned to be restored to its own calendar for hearing and decision. The rules of practice in both divisions shall be the same. Five mem- bers of the court shall be sufficient to form a quorum for said second division, and the concurrence of four shall be necessary to a decision. The persons composing said second division shall appoint from their number a chief judge of such division. In case any justice of the supreme court shall be appointed to serve on such division, the governor may, from time to time, when in his judgment the public interests may require, change the desig- nation of any such justice to serve in such division, and he may fill any vacancy occurring in such division by designating a per- son to fill the same. No justice of the supreme court shall exer- cise any of the functions of a justice of the supreme court, nor receive any salary or compensation as such justice during the time he shall be designated to act in such division. During such term of service in said second division, any person so designated shall receive the same compensation as the associate judges of the court of appeals, elected as such. Said second division may appoint and remove a crier and such attendants as may be neces- sary, and shall have power to appoint the times and places of their sessions. The clerk and reporter of the court of appeals shall be the clerk and reporter of said second division. 1898. S. No. 635 (Int. 346). S. J. 170, 373, 437, 483. 2. Commencement of term of court of appeals judges 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be four- teen years from and including the first day of January of the odd II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 131 Article VI, $ 7 numbered year next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. 1898. A. No. 892 (Int. 776). A. J. 490. 3. Additional judges for court of appeals number to sit in any case 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state, and four additional associate judges and their successors, who shall likewise be chosen by the electors of the state. The official terms of the chief judge and the associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum and the concurrence of four shall be necessary to a decision,, and no more than seven judges shall sit in any case. The court shall have power to appoint and to remove its reporter, clerks and attendants. 1899. S. No. 497 (Int. 457). S. J. 237. 4. Additional judges for court of appeals number of divisions number necessary to decision quorum 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, and of such addi- tional judges as the legislature may from time to time provide in accordance with section one of this article and as may be elected according to law, who shall hold their offices until the expiration of their respective terms, and of their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and in- cluding the first day of January next after their election. The legislature may provide by law for the manner in which the court shall sit, whether in two divisions or one, and for the number of members of the court necessary to form a quorum in either in- stance, and also for the number whose concurrence shall be neces- sary to a decision. [Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision.] The court shall have power to appoint and to remove its reporter, clerk and attendants. [Whenever and as often as a 132 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article VI, $ 8 majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of the court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the caiises undis- posed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor may designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while hold- ing the office of justice of the supreme court, and no more than seven judges shall sit in any case.] 1904. S. No. 195 (Int. 189). (Same as A. No. 253.) To Sec. of State. S. J. 61, 637, 1161, 1256, 1501, 1691. A. J. 2575, 2656, 2685. A. No. 253 (Int. 246). (Same as S. No. 195.) A. J. 99. 1905. A. No. 283 (Int. 283). A. J. 108. 8. When a vacancy shall occur otherwise than by expiration of term, in the office of Chief or Associate Judge of the Court of Appeals, the same shall be filled, for a full term, at the next gen- eral election happening not less than three months after such vacancy occurs ; and until the vacancy shall be so filled, the Gov- ernor, by and with the advice and consent of the Senate, if the Senate shall be in session or if not in session the Governor may fill such vacancy by appointment. If any such appointment of Chief Judge shall be made from among the Associate Judges, a temporary appointment of Associate Judge shall be made in like manner; but in such case, the person appointed Chief Judge shall not be deemed to vacate his office of Associate Judge any longer than until the expiration of his appointment as Chief Judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of Judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 133 Article VI, $ 9 AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appointments to fill vacancies in court of appeals 8. When a vacancy shall occur otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs, and until the vacancy shall be [so] filled the [Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session, the Governor] court of appeals may fill such vacancy by appointment. // such vacancy shall be that of chief judge the associate judge whose term of office will soonest expire shall act as chief judge until the^ election of a chief judge. In [If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such] case [,] the person appointed [chief] as associate judge shall be a justice of the supreme court the person so appointed shall not be deemed to vacate his office of [associate judge] justice of the supreme court any longer than until the expiration of his appointment as [chief] 1 associate judge of the court of appeals, and in the event of a supreme court justice being so appointed to fill the vacancy of an associate judge of the court of appeals, the appellate division of the department from which he is taken shall appoint a person to take the place of such su- preme court justice until the expiration of his term as associate judge of the court of appeals. The powers and jurisdiction of the court shall not be suspended for want of appointment or elec- tion, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. 1902. S. No. 451 (Int. 388). (Same as A. No. 657.) S. J. 213. A. No. 657 (Int. 585). (Same as S. No. 451.) A. J. 331, 1051. 9. After the last day of December, one thousand eight hun- dred and ninety-five, the jurisdiction of the Court of Appeals, except where the judgment is of death, shall be limited to the review of questions of law. No unanimous decision of the Appel- late Division of the Supreme Court that there is evidence support- 134 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 9 ing or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court of Appeals. Except where the judgment is of death, appeals may be taken, as a right, to said court only from judgments or orders entered upon de- cisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them. The Appellate Division in any department may however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the Court of Appeals. The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of December, one thousand eight hundred and ninety-five, but ap- peals therefrom may be taken under existing provisions of law. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appeals to court of appeals when allowed 9. [After the last day of December, eighteen hundred and ninety-five, the] The jurisdiction of the court of appeals, except where the judgment is of death, shall he limited to the review of questions of law. [No unanimous decision of the appellate divi- sion of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals.] Except where the judgment is of death, appeals may he taken, as of right, to said court only from judgments or orders entered upon decisions of the appellate division of the supreme court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirm- ance judgment absolute shall he rendered against them, unless the appellate division shall allow an appeal upon a question of law which,, in its opinion, ought to be reviewed by the court of appeals. [The appellate division in any department may, how- ever, allow an appeal upon any question of law which, in its opinion, ought to he reviewed hy the court of appeals.] No ap- peal shall be taken to the court of appeals from a judgment or II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 135 Article VI, 9 order of affirmance in any action or special proceeding when the decision of the appellate division of the supreme court is unanim- ous, unless such appellate division shall certify that, in its opinion, a question of law is involved,, which ought to be reviewed by the court of appeals, or unless, in case of its refusal to so certify, an appeal is allowed by a judge of the court of appeals. The legislature may further restrict the jurisdiction of the court of appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any general term before the last day of December, eighteen hundred and ninety-five; but appeals therefrom [may be taken under existing provisions of law] shall be governed by the pro- visions of law existing at the time such orders were made or judgments rendered. The provisions of this section, as amended, shall not apply to orders made or judgments rendered by any appellate division before the date when this amendment shall take effect, but appeals therefrom may be taken under provisions of law existing at the time such orders were made or judgments rendered. 1902. A. No. 1727 (Int. 1261). A. J. 1726. 1904. S. No. 252 (Int. 238). S. J. 84, 1357. 9. [After the last day of December, eighteen hundred and ninety-five, the] The jurisdiction of the court of appeals, except where the judgment is of death, shall be limited to the review of questions of law. [No unanimous decision of the appellate di- vision of the supreme) court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals.] Except where the judgment is of death, appeals may be taken, as of right, to said court only from judgments or orders entered upon decisions of the appellate division of the supreme court, finally determining actions or special proceedings and from orders grant- ing new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them, unless the appellate division shall allow an appeal upon a question of law which, in its opinion, ought to be reviewed by the court of appeals. [The appellate division in any department may, 136 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 9 however, allow an appeal upon any question of law which, in its opinion, ought to he reviewed by the court of appeals.] No ap- peal shall be taken to the court of appeals from a judgment or order of affirmance in any action or special proceeding when the decision of the appellate division of the supreme court is unani- mous, unless such appellate division shall certify that, in its opinion, a question of law is involved, which ought to be reviewed by the court of appeals, or unless, in case of its refusal to so certify, an appeal is allowed by a judge of the court of appeals. The legislature may further restrict the jurisdiction of the court of appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any [general term] appellate division before the last day of December, [one thousand eight hundred and ninety-five] nine- teen hundred and six ; but appeals therefrom [may be taken under existing provisions of law] shall be governed by the provisions of law existing at the time such orders were made or judgments rendered. 1904. A. No. 275 (Int. 268). A. J. 107. 2. Appeal directly to court of appeals from final judgments or orders in certain cases 9. After the last day of December, one thousand eight hun- dred and ninety-five the jurisdiction of the court of appeals, ex- cept where the judgment is of death, shall be limited to the review of questions of law. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals. Except where the judgment is of death, appeals may be taken, as of right, to said court only from judgments or orders entered upon decisions of the appellate division of the supreme court, finally determining actions or special proceedings, and from orders grant- ing new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them[.]; and except that after the last day of December, one thousand nine hundred and six, in all cases where an appeal from a -final judgment or -final order of the supreme court at trial or special term will bring up for review only questions of law, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 137 Article VI, 9 the appellant may elect to appeal directly to the court of appeals, and upon such appeal the court of appeals shall review all ques- tions of law presented ~by such appeal, including the question as to whether there is any evidence to sustain a finding of fact or a verdict made or rendered in the action. (But if a party shall elect to appeal to the appellate division in a case in which he might have appealed directly to the court of appeals under this section the decision of the appellate division on the questions of law so reviewed shall be final.) The appellate division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the court of appeals. The legislature may further restrict the jurisdiction of the court of appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judg- ments rendered by any general term before the last day of De- cember, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law. 1904. S. No. 193 (Int. 187). (Same as A. No. 252.) S. J. 59. A. No. 252 (Int. 245). ('Same as S. No. 193.) A. J. 99. 3. Governor or legislature may require opinion of court of appeals on ques- tions of law 9. (Proposal to add the following:) Each branch of the legislature and the governor shall have authority to require the opinion of the court of appeals upon important questions of law. 1907. A. No. 2239 (Int. 1648). A. J. 1896. 1908. A. No. 773 (Int. 675). A. J. 293. 4. Final judgments in court of appeals 9. [After the last day of December, eighteen hundred and ninety-five, tj The jurisdiction of the court of appeals, except where the judgment is of death, shall be limited to the review of questions of law. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be [reviewed] revised by the court of appeals. The court of appeals may award -final judgment upon the record upon the right of any or all of the parties or judgment of modification, ac- 138 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VI, 9a cording to justice; or may grant a new trial or further hearing, either of the whole case or of any particular issue therein as to any or all of the parties, as justice may require. Except where the judgment is of death, appeals may be taken as of right to said court only from judgments or orders entered upon decisions of the appellate division of the supreme court finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them. The appellate division in any department may, however, allow an appeal upon any question of law, which in its opinion ought to be reviewed by the court of appeals. The legislature may further restrict the jurisdiction of the court of appeals and the right to appeal thereto, but the right to appeal shall not depend upon the amount involved. [The provisions of this section shall not apply to orders made or judgments rendered by any general term before the last day of December, eighteen hundred and ninety-five, but appeals there- from may be taken under existing provisions of law.] 1913. A. No. 8'23 (Int. 790). A. J. 300. 5. Opinion of court of appeals on request of governor or either branch of legislature 9-a. (Proposal to add the following new section:) Either branch of the legislature or the governor shall have authority to require the opinion of the court of appeals upon important ques- tions of law and upon solemn occasions. 1912. A. No. 1051 (Int. 956). A. J. 459, 940, 1045, 1148. 1913. A. No. 682 (Int. 656). A. J. 224, 1055, 1119, 1158, 1271, 1663. 6. Report of defects in constitution or statute law to legislature 9-a. (Proposal to add the following new section:) Any jus- tice of the supreme court may at any time report to the chief or presiding judge of the court of appeals defects, omissions, inaccu- racies or ambiguities in the constitution or statute law with his suggestions and recommendations thereon, and the same shall be considered by the court of appeals; and on or before the fifteenth day of January of each year the chief or presiding judge of the court of appeals shall report to the presiding officers of the senate II] AMENDMENTS ADOPTED AND PROPOSED, 1895 1914 139 Article VI, $ 11 and assembly in writing any defect, omission, inaccuracy, or am- biguity in the constitution or statute law which in -the opinion of the court of appeals, or any judge thereof, shall seem to exist, to- gether with such remedial suggestions and recommendations with respect to the same as may appear proper; and such presiding offi- cers shall thereupon report the same to the senate and assembly respectively. 1914. S. No. 1392 (Int. 1172). S. J. 541. 11. Judges of the Court of Appeals and Justices of the Su- preme Court, may be removed by concurrent resolution of both houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except Justices of the Peace and judges or justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Removal and suspension of judicial officers 11. Judges of the court of appeals and justices of the su- preme court may be removed by [concurrent] resolution of both [houses of the legislature, if two-thirds of all the members elected to each house] the judges of the court of appeals and justices of the appellate division of the supreme court, in convention duly as- sembled by order of the court of appeals, if two-thirds of said judges and justices concur therein. All other judicial officers, except justices of the peace and judges or justices of inferior courts not of record may likewise be removed by the [senate] court of appeals, on [the] recommendation of the governor, if two-third* of all the [members elected to the senate] judges of the court of appeals concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the [journals] minutes of the court of appeals, nor unless he shall PART II 6 140 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 12 have been served with a statement of the cause alleged, and shall have [received] had an opportunity to be heard. On the ques- tion of removal the yeas and nays shall be entered on the [jour- nals] record of the hearing and transcribed on the minutes of the court of ap-peals. Where it appears presumptively,, to the satis- faction of the governor, that a judicial officer, except justices of the peace and judges or justices of inferior courts not of record, has been guilty of corruption, or other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertaining to the office; or is incapable of properly discharging the same; the governor may, in his discretion, make an order sus- pending that justice from the exercise of the duties of his office, and directing that his compensation cease. Such an order must recite the grounds upon which it is made; and it shall remain in force, unless it is sooner revoked by the governor, until the final determination of the convention of the judges of the court of ap- peals and the justices of the appellate division of the supreme court, or the court of appeals, as herein provided. 1906. S. No. 12 (Int. 12). S. J. 12. 12. The Judges and Justices hereinbefore mentioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article. No person shall hold the office of Judge or Justice of any court longer than until and including the last day of December next after he shall be seventy years of age. No Judge or Justice elected after the first day of January, one thousand eight hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age ; but the compensation of every Judge of the Court of Appeals or Justice of the Supreme Court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such Judge or Justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such Judge or Justice may, with his consent, be assigned by the Governor, from time to time, to any duty in the Supreme Court while his compensation is so continued. II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 141 Article VI, 12 AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 12. [The judges and justices hereinbefore mentioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article.] No per- son shall hold the office of judge or justice of any court longer than and including the last day of December next after he shall be seventy years of age. [No judge or justice elected after the first day of January, one thousand eight hundred and ninety- four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of the court of appeals or justice of the supreme court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such judge or justice may, with his consent, be assigned by the governor, from time; to time, to any duty in the supreme court while his compensation is so continued.] Each justice of the supreme court shall receive from the state the sum of ten thousand dollars per year. Those assigned to the appellate divisions in the third and fourth depart- ments shall each receive in addition the sum of two thousand dollars, and the presiding justices thereof the sum of two thou- sand five hundred dollars per year. Those justices elected in the first and second judicial departments shall continue to receive from their respective cities, counties or districts, as now provided by law, such additional compensation as will make their aggre- gate compensation what they are now receiving. Those justices elected in any judicial department other than the first or second, and assigned to the appellate divisions of the first or second departments shall, while so assigned, receive from those depart- ments respectively, as now provided by law, such additional sum as is paid to the justices of those departments. A justice elected in the third or fourth department assigned by the appellate di- vision or designated by the Governor to hold a trial or special term in a judicial district other than that in which he is elected shall receive in addition ten dollars per day for expenses while 142 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VI, 12 actually so engaged in holding such term, which shall be paid by the state and charged upon the judicial district where the service is rendered. The compensation herein provided shall be in lieu of and shall exclude all other compensation and allowance to said justices for expenses of every kind and nature whatsoever. The provisions of this section shall apply to the judges and jus- tices now in office and to those hereafter elected. 1908. A. No. 1645 (Int. 1290). (Substituted for S. No. 917.) To Sec. of State. A. J. 1024, 1269, 1374, 1454, 1481, 2107. S. No. 917 (Int. 723). (A. No. 1645 substituted.) S. J. 507, 605, 645, 688. 1909. S. No. 64 (Int. 64). (Same as A. No. 540.) To See. of State. S. J. 21, 225, 232, 235, 259. A. J. 356, 367. A. No. 540 (Int. 389). (Same as S. No. 64.) A. J. 207, 307, 368. Adopted Nov. 2, 1909. Vote: for, 278,415; against, 249,576. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Compensation of judges of supreme court and court of appeals 12. [The judges and justices hereinbefore mentioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article.]! Each justice of the supreme court shall be paid as compensation for his serv- ices, ten thousand dollars a year; each justice designated to serve in an appellate division of the supreme court, twelve thousand five hundred dollars a year; each judge and associate judge of the court of appeals, fifteen thousand dollars a year. The presiding judge of the court of appeals and the presiding justices of the several appellate divisions shall each be paid an additional compensation of five hundred dollars a year. No judge or justice hereinbefore mentioned shall be paid directly or indirectly any sum of money, as an allowance or payment in lieu of any item of personal ex- pense or of his expenses generally. ~No person shall bold tbe office of judge or justice of any court longer than until and includ- ing the last day of December next after he shall be seventy years of age. [ISTo judge or justice elected after the first day of January, eighteen hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 143 Article VI, 14 the court of appeals or justice of the supreme court elected prior to the first day of January, eighteen hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected ; but any such judge or justice may, with his consent, be assigned by the governor, from time to time, to any duty in the supreme court while his compensation is so continued.] 1906. A. No. 1916 (Int. 1418). A. J. 1676. 14. The existing County Courts are continued, and the Judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be two County Judges and the additional County Judge shall be chosen at the next general election held after the adoption of this article. The successors of the several County Judges shall be chosen by the electors of the counties for the term of six years. County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided however that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the Court of Sessions in each county, except the county of New York, shall thereupon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to said County Courts for hearing and determination. Every County Judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A County Judge. of any county may hold County Courts in any other county when requested by the Judge of such other county. 144 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 14 AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two] four county judges, [and t] The number of county judges in any county may also be increased, from time to time, by the legislature, to such number that the total number of county judges in any one county shall not exceed one for every two hundred thousand, or major fraction thereof, of the population of such county. The additional county judges in the county of Kings shall be chosen at the [next] general election held in the first odd-numbered year after the adoption of this [article. The successors of the several county judges] amendment. The ad- ditional county judges whose offices may be created by the legis- lature shall be chosen at the general election held in the first odd- numbered year after the creation of such ^ffice^ All county judges, including successors to existing judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, eighteen hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall per- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 145 Article VI, 14 form such duties as they may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1912. A. No. 379 (Int. 369). (Same as S. No. 243.) To Sec. of State. A. J. 110, 1159, 1261, 2119, 2138, 2148, 2322. S. J. 1267, 1274. S. No. 243 (Int. 234). (Same as A. No. 379.) S. J. 60. 1913. A. No. 121 (Int. 121). To Sec. of State. A. J. 52, 301, 327, 328, 358, 381, 1300. S. J. 259, 561, 626, 652. Adopted Nov. 4, 1913. Vote: for, 389,971; against, 255,539. AMENDMENT SUBMITTED TO THE PEOPLE BUT EEJECTED 1. Additional county judges in Kings county 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be twoj four county judges and the additional county judges shall be chosen at the [next] general election held in an odd-numbered year after the adoption of the amendment to this [article] sec- tion for the term of six years from and including the first day of January next after their election. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determina- 146 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 14 tion. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. A. No. 1050 (Int. 344). To S. Amended, S. No. 1503. To Sec. of State. A. J. 123, 301, 376, 501, 566, 584, 597, 697, 727, 765, 3133, 3180. S. J. 366, 1227, 1458, 1480, 1637, 1638. 1911. S. No. 331 (Int. 321). (Same as A. No. 817.) To Sec. of State. S. J. 134, 288, 334, 365, 366, 1495. A. J. 710, 2848, 2872. A. No. 817 (Int. 745). (Same as S. No. 331.) To S. A. J. 502, 989, 1049, 1101, 1103, 1192. S. J. 589. Bejected Nov. 7, 1911. Vote: for, 247,764; against, 360,859. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Additional county judges in Kings county 14. The existing county courts are contained, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two]; five county judges and the additional county judges shall be chosen at the [next] general election held in an odd-numbered year after the adoption of [this article]) the amendment to this section for the term of fourteen years, and the governor shall appoint such additional county judges to hold office until the first day of January succeeding the election of additional judges as provided hereby. The county judges of the county of Kings now in office shall continue in office until the expiration of fourteen years from the commencement of their terms. The successors of the several county judges in the county of Kings shall be chosen by the electors of the county for the term of fourteen years. The successors of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years. The chief cleric of the county court of Kings county now in office shall be the clerk of such court. County courts shall have the powers and jurisdiction they now possess, and also original juris- diction in actions for the recovery of money only, where the de- fendants reside in the county, and in which the complaint de- mands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 147 Article VI, 14 shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is [a] defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of. December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be estab- lished by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1908. S. No. 173 (Int. 168). (A. No. 343* substituted.) S. J. 53, 338, 503, 572, 859, 868. 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two] four county judges and the additional county judges shall be chosen at the next general election held in an odd-numbered year after the adoption of [this article] the amendment to this section for the term of fourteen years, and the governor shall ap- point such additional county judges to hold office until the first day of January succeeding the election of additional judges as provided hereby. The successors of the several county judges in the county of Kings shall be chosen by the electors of the county for the term of fourteen years. The successors of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years. The chief clerk of the county court of Kings county now in office shall be the clerk of such court. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not ex- ceeding two thousand dollars. The legislature may hereafter en- large or restrict the jurisdiction of the county courts, provided * For history of substituted Assembly bill, No. 343, see proposed amend- ment next following. 148 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 14 however, that their jurisdiction shall not he so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is [a] defendant. Courts of sessions, except in the county of New York, are abol- ished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1908. A. No. 343 (Int. 338). (Substituted for S. No. 173.*) To S. Amended, S. No. 1307. A. J. 102, 1068, 1166, 1211, 1268, 1373, 1453, 1516, 1579. S. J. 868, 943, 1128, 1139. 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two] three county judges and the additional county judge shall be chosen at the [next] general election held in an odd numbered year after the adoption of [this article,] the amendment to this section for the term of fourteen years from and including the first day of January next after his election. The successors of the several county judges in the county of Kings shall be chosen by the electors of the county for the term of fourteen years from and including the first day of January next after their election. The successors of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years.. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or * For history of Senate bill, No. 173, for which substituted, see proposed amendment next preceding. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 149 Article VI, 14 restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety- five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. S. No. 225 (Int. 223). S. J. 83. 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two] six county judges, and the additional county [judge] judges shall be chosen by the electors of the county of lyings at the next general election held after the adoption of this article, and shall severally ialce office on the first day of January there- after; and the salaries of such additional county judges shall be as now established by law for county judges in said county of Kings. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousands dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. 150 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 14 Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. A. No. 34 (Int. 34). A. J. 34. 2. Additional county judge in Queens county 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption of this article. In the county of Queens there shall be two county judges and the additional county judge shall be chosen at the next general elec- tion held after the adoption of the amendment to this section. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or re- strict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety- five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 151 Article VI, 14 county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall per- form such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. S. No. 303 (Int. 299). S. J. 121. 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Queens there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption hereof. In the county of Kings there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption of this article. The successors of the several county judges shall be chosen by the electors of the coun- ties for the term of six years. County courts shall have the powers and jurisdiction they now possess, and also original juris- diction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint de- mands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be re- quired by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may 152 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 14 hold county courts in any other county when requested by the judge of such other county. 1911. A. No. 570 (Int. 554). To S. A. J. 306, 1507, 1573, 1599, 1636, 1750, 1971. S. J. 977. 3. Additional county judge in Westchester county 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In. each of the [county] counties of Kings and Westchester there shall be two county judges, and the addi- tional county judge in the county of Westchester shall be chosen at the next general election held in an odd-numbered year after the adoption of this [article] amendment, and his term of office judge in office in the county of Westchester at the adoption of this amend- ment shall hold office until the expiration of the term for which he was elected. The term of office of the county judges in West- Chester county shall be six years. Their powers and jurisdiction shall be co-ordinate and coequal. One or more parts of the county court may be held in said county. The successors of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years. County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint de- mands judgment for a sum not exceeding two thousand dollars. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of 'New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determi- nation. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 153 Article VI, 14 hold county courts in any other county when requested by the judge of such other county. 1910. A. No. 2444 (Int. 1658). A. J. 2272. 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In each of the [county] counties of Kings and Westchester there shall be two county judges, and the addi- tional county judge in the county of Westchester shall be chosen at the next general election held after the adoption of this [arti- cle] amendment, and his term of office shall begin on the first day of January thereafter. The county judge in office in the county of Westchester at the adoption of this amendment shall hold office until the expiration of the term for which he was elected. The terms of office of the county judges in Westchester county shall be six years. Their powers and jurisdiction shall be co-ordinate and coequal. One or more parts of the county court may be held in said county. The succcesors* of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years. 'County courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not ex- ceeding two thousand dollars. The legislature may hereafter en- large or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to au- thorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A So in original. 154 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 14 county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. A. No. 2461 (Int. 1671). A. J. 2352. 4. Additional county judges in Kings and Westchester counties 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be [two] four and in the county of Westchester two county judges, and the additional county judges in the county of Kings shall be chosen at the [next] general election held in an odd-numbered year after the adoption of [this article,] the amendment to this section for the term of fourteen years from and including the first day of January next after their election. The successors of the several county judges in the co-unty of Kings shall be chosen by the electors of the county for the term of fourteen years from and in- cluding the first day of January next after their election. The county judge in office in the county of Westchester at the adoption of this amendment shall hold office until the expiration of the term for which he was elected. The additional county judge in said county shall be elected at the general election held next after the adoption of this amendment, and his term of office shall begin on the first day of January thereafter. The terms of office of the county judges in Westchester county shall be six years. Their powers and jurisdiction shall be co-ordinate and coequal. One or more parts of the county court may be held in said county. The successors of the several county judges in other counties shall be chosen by the electors of the counties for the term of six years. County courts shall have the powers and jurisdic- tion they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The legislature may here- after enlarge or restrict the jurisdiction of the county courts, pro- vided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of sessions, except in the county of New York, are abolished from and after the last day of December, one thousand eight hundred II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 155 Article VI, 14 and ninety-five. All the jurisdiction of the court of sessions in each county, except the county of New -York, shall thereupon be vested in the county court thereof, and all actions and proceedings then pending in such courts of sessions shall be transferred to said county courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold county courts in any other county when requested by the judge of such other county. 1910. A. No. 2447 (Int. 1661). A. J. 2272. 5. Consolidation of Kings county auxiliary court with county court of Kings county 14. The existing Coimty Courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. [In the county of Kings there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption of this article.] Tlie Kings county auxiliary court is hereby merged into and con- solidated with the county court of Kings county and the judges of the county court of Kings county in office at the time of the adop- tion of this amendment, and the judges of the Kings county auxil- iary court at such time in office are and shall be county judges of Kings county for the remainder of the terms of office to which they have been elected or appointed respectively; and hereafter there shall be in the county of Kings four county judges. All actions and proceedings pending in the Kings county auxiliary court at the time of the adoption of this amendment are hereby transferred into the county court of Kings county and shall therein be con- tinued, determined, and disposed of in like manner, and with the same force and effect, as if originally instituted or began therein. It shall be lawful for the legislature to enlarge the jurisdiction of the county court of Kings county so as to authorize an action for the recovery of money only in which the sum demanded does not exceed ten thousand dollars where the defendant or defendants re- side in Kings county; it also shall be lawful for the legislature to confer upon said court the poiver and jurisdiction of surrogates with authority to try issues of fact by jury in probate causes, for the relief of the surrogate's court in said county. The successors of the several county judges shall be chosen by the electors of the 156 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 24 counties for the term of six years. County Courts shall have the powers and jurisdiction they now possess, and also original juris- diction in actions for the recovery of money only, where the de- fendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions, except in the county of New York, are abol- ished from and after the last day of December, one thousand eight hundred and ninety-five. All the jurisdiction of the Court of Ses- sions in each county, except the county of New York, shall there- upon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to said County Courts for hearing and determination. Every county judge shall perform such duties as may be required by law. His salary shall be established by law, payable out of the county treasury. A county judge of any county may hold County Courts in any other county when requested by the judge of such other county. 1901. S. No. 345 (Int. 321). S. J. 158. 6. Additional justices in first district 24. (Proposal to add the following new section:) On the cer- tificate of the appellate division of the supreme court in the first judicial department that public interest requires it, the governor may appoint from time to time, not more than ten persons to act as trial justices of the supreme court in and for the first judicial district for a term which shall expire at the end of the term of the governor by whom the appointments are made. Persons so ap- pointed shall possess the qualifications and powers, and be subject to the duties, liabilities and responsibilities of justices of the su- preme court chosen under this article, and shall be entitled to the same compensation and paid in like manner as other justices of the supreme court in the first judicial district. 1898. S. No. 1065 (Int. 859). (Same as A. No. 1744.) S. J. 832, 938, 1014. A. No. 1744 (Int. 1316). (Same as S. No. 1065.) A. J. 1547. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 157 Article VI, $ 24 24. (Proposal to add the following new section:) At the gen- eral election next after the adoption of this amendment, there shall be elected, and thereafter as the offices shall become vacant through expiration of term or otherwise, by the electors of the first judicial district six justices of the supreme court in addition to the justices of that court now in office in said judicial district. The justices so elected shall be invested with their offices on the first day of January next after their election. 1902. A. No. 215 (Int. 215). A. J. 80. 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, there shall be elected, and thereafter as the offices shall become vacant through expiration of term or otherwise, by the electors of the first judicial district four justices of the supreme court in addition to the justice of that court now in office in said judicial district. The justices so elected shall be invested with their offices on the first day of January next after their election. 1902. S. No. 480 (Int. 144). (Same as A. No. 404 and S. No. 289.) S. No. 289 (Int. 260). (Same as A. No. 404 and S. No. 480.) S. J. 107. A. No. 404 (Int. 380). (Same as S. No. 289 and S. No. 480.) A. J. 154. 1903. A. No. 1438 (Int. 1106). A. J. 1100. 7. Additional justices in second district 24. (Proposal to add the following new section:) In ad- dition to the justices of the supreme court, now in office, there shall be one additional justice who shall reside in the county of Dutch-ess, in the second judicial district. He and his successors shall be chosen by the electors of the second judicial district. 1898. S. No. 809 (Int. 676). (Same as A. No. 1462.) S. J. 527, 662, 674. A. No. 1462 (Int. 1128). (Same as S. No. 809.) A. J. 1139. 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, there shall be elected, and thereafter as the office shall become vacant through expiration of term or otherwise, by the electors of the second judicial district three justices of the supreme court in addition to the justices of that court now in office in said judicial 158 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, 24 district. The justices so elected shall be invested with their offices on the first day of January next after their election. 1899. S. No. 1031 (Int. 362). To Sec. of State. S. J. 178, 571, 722, 725, 834, 925, 926, 1233. A. J. 1999, 2214, '2266, 2424. 1902. A. No. 68 (Int. 68). A. J. 46. 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, there shall be elected, and thereafter as the offices become vacant through expiration of term or otherwise, by the electors of the second judicial district two justices of the supreme court in addition to the justices of that court now in office in said judicial district. The justices so elected shall be invested with their offices on the first day of January next after their election. 1901. S. No. 1159 (Int. 847). To See. of State. S. J. 920, 989, 1700, 1728, 1778, 2046. A. J. 3695, 3912, 3919. 1903. S. No. 1088 (Int. 790). S. J. 898. 8. Additional justices in eighth district 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, there shall be elected, and thereafter as the offices become vacant through expiration of term or otherwise, by the electors of the eighth judicial district, three justices of the supreme court in addition to the justices of that court now in office in said judicial district. All the justices so elected shall be invested with their offices on the first day of January next after their election. 1902. S. No. 121 (Int. 121). S. J. 42. 9. Additional justices in first and second districts 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, there shall be elected, and thereafter as the offices become vacant through expiration of term or otherwise, by the electors of the first ju- dicial district, four justices of the supreme court in addition to the justices of that court now in office in said judicial district; and by the electors of the second judicial district, three justices of the supreme court, in addition to the justices of that court, now in office in said judicial district. All the justices so elected II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 159 Article VI, $ 24 shall be invested with their offices on the first day of January next after their election. 1900. S. No. 395 (Int. 27). To Sec. of State. S. J. 77, 217, 228, 235, 290, 1896. A. J. 602, 3694. 1901. S. No. 1076 (Int. 467). S. J. 258, 803, 1020. 10. Additional justices in first, second and eighth districts 24. (Proposal to add the following new section:) At the general election next after the adoption of this amendment, and thereafter as the offices shall become vacant through expiration of term or otherwise, there shall be elected by the electors of the second judicial district three justices of the supreme court in addition to the justices of that court now provided for by law in said judicial district; and by the electors of the eighth judicial district, three justices of the supreme court, in addition to the justices of that court now provided for by law in said judicial district; and by the electors of the first judicial district, four justices of the supreme court, in addition to the justices of that court now provided for by law in said judicial district. The justices so elected shall be invested with their offices on the first day of January next after their election. 1902. S. No. 640 (Int. 54). To A. S. J. 22, 109, 347, 558, 563. A. J. 1025. 2Jf. (Proposal to add the following new section:) At the general election next after the adoption of this amendment t there shall be elected, and thereafter as the offices shall become vacant through expiration of term or otherwise, by the electors of the first judicial district four justices of the supreme court in addi- tion to the justices of that court now in office in said judicial district; and by the electors of the second judicial district four justices of the supreme court in addition to the justices of that court now in office in said judicial district; and by the electors of the eighth judicial district one justice of the supreme court in addition to the justices of that court now in office in said district. All the justices so elected shall be invested with their offices on the first day of January next after their election. 1903. S. No. 715 (Int. 560). S. J. 422. 160 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VI, $ 24 11. Court of condemnation proceedings 24. (Proposal to add the following new section:) The legis- lature may establish a court of record, in any county not contained with other counties within a city, or in any city, containing within its boundaries more than one county, which court may be vested with original jurisdiction in proceedings for taking private prop- erty for public use, assessing property for benefits and awarding damages, and in proceedings for the review of assessments of property for taxation. Judges of such court shall sit without a jury. The judges shall be appointed in such manner and hold office for such term as the legislature may prescribe. 1909. A. No. 1504 (Int. 354). (Same as S. No. 493.) To S. A. J. 191, 750, 876, 927, 1078, 1175, 1228, 1374. S. J. 752. S. No. 493 (Int. 210). (Same as A. No. 1504.) S. J. 107, 301. 1910. S. No. 35 (Int. 35). S. J. 17. 12. Courts not to declare statute unconstitutional 24. (Proposal to add the following new section:) The powers vested in the courts of this state by article six of the con- stitution shall not be construed by any of the courts of this state, or by any of the judges thereof, as authorizing the judge or judges of any of said courts, or of any courts created in accordance with the provisions of said article, to declare any enactment of the legislature unconstitutional and void because any such judge, or judges thereof, are of the opinion that said enactment is in conflict with the constitution of this state, and all of such judges shall hold such enactments valid, except in so far as the judge or judges of said courts are of the opinion that such enactment conflicts with the provisions of the federal constitution. 1912. A. No. 1513 (Int. 1300). A. J. 835. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 161 Article VII, 2 ARTICLE VII 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Prohibiting appropriation of public money to private use 1. (Proposal to add the following:) And the legislature shall not appropriate any moneys that belong to the state of New York to any individual, association or corporation for any purpose whatsoever. 1908. A. No. 1108 (Int. 930). A. J. 550. 2. The State may, to meet casual deficits or failures in rev- enues, or for expenses not provided for, contract debts ; but such debts, direct or contingent, singly or in the aggregate, shall not at any time exceed one million of dollars ; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Eight hour day on public work payment of prevailing rate of wages 2. (Proposal to add the following:) No person shall be compelled to labor more than eight hours a day while in em- ployment by or on behalf of the state, a county, town, village, city or municipality, or any civil division thereof, within this state; and no person, contractor or corporation who has a contract, or employment, by or on behalf of the state, a county, city, town, village, municipality, or any civil division thereof, shall compel any person to work more than eight hours a day on said work, contract or employment. The state, a county, city, town, village, municipality, or any civil division thereof, shall pay to each and every person in its employ, the prevailing rate of wages for such work performed. And any person, corporation or company who has a contract, or is employed, by or on behalf of the state, a county, city, town, village, municipality, or any civil division thereof, shall pay the prevailing rate of wages to any person em- 162 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VII, 4 ployed on the work by a person, contractor, or company who has work, or a contract, or employment, on behalf of the state, a county, city, town, village, municipality, or any civil division thereof. 1908. A. No. 1996 (Int. 1444). A. J. 1501. 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people? " The Legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pur- suance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be an- nually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at any general election when any other law, or any bill, or any amend- ment to the Constitution, shall be submitted to be voted for or against. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 163 Article VII, $ 4 AMENDMENTS SUBMITTED TO THE PEOPLE AND ADOPTED 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [on] in behalf of this state, unless such debt shall be authorized by a law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of at direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within [eighteen] fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it atj such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people? ' ' The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and annually collected, until the proceeds thereof shall have made the provision herein- before specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or* stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the [repayment] payment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage or at any general election when any other law, or any bill [or any amend- ment to the constitution,] shall be submitted to be voted for or against. The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment 164 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 4 of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for 1 which it was created, no further direct tax shall be levied on ac- count of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. 1903. S. No. 1073 (Int. 39). To Sec. of State. S. J. 24, 858, 1010, 1213, 1235, 1388, 1560. A. J. '2777, 2814, 2816. 1905. S. No. 293 (Int. 273). To Sec. of State. S. J. 113, 304, 333, 354, 361, 900. A. J. 597, 1277, 1409, 1476, 1530, 1583, 1736, 1867. Adopted Nov. 7, 1905. Vote: for, 293,552; against, 127,364. 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by [a] law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people? " The legislature may at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax im- posed by such act, in proportion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore speci- fied to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object speci- fied in the act authorizing such debt or liability, or for the pay- ment of such debt or liability, and for no other purpose whatever. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 165 Article VII, $ 4 No such law shall be submitted to be voted on within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against. The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on account of said sinking fund, and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. The legislature may from time to time alter the rate of interest to be paid upon any state debt, which has been or may be authorized pursuant to the provisions of this^section, or upon any part of such debt, provided, however, that the rate of interest shall not be altered upon any part of such debt or upon any bond or other evidence thereof, which has been, or shall be created or issued before such alteration. In case the legislature increase the rate of interest upon any such debt, or part thereof, it shall impose and provide for the collec- tion of a direct annual tax to pay and sufficient to pay the in- creased or altered interest on such debt as it falls due and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof, and shall appropriate annually to the sinking fund moneys in amount sufficient to pay such interest and pay and discharge the principal of such debt when it shall become due and payable. 1908. S. No. 863 (Int. 668). (Same as A. No. 1893.) To 'Sec. of State. S. J. 424, 470, 479, 604, 644, 652, 947. A. J. 1469, 1627, 1713, 1744, 1786. A. No. 1893 (Int. 1179). (Same as S. No. 863.) A. J. 836, 1362. 1909. S. No. 242 (Int. 237). To Sec. of State. S. J. 119, 572, 605, 638, 641, 876. A. J. 1192, 1508, 1608, 1692. Adopted Nov. 2, 1909. Vote: for, 279,352; against, 216,541. 166 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 4 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Time for payment of state debts 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [on] in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the prin- cipal of such debt within [eighteen] thirty-five years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at any general election when any other law, or any bill, or any amendment to the constitution, shall be submitted to be voted for or against. 1902. A. No. 1825 (Int. 1323). A. J. 2344. 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [on] in II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 167 Article VII, $ 4 behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within [eighteen] thirty-five years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the ap- proval of such law by the people, if no debt shall have been con- tracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such! law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pur- suance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the in- terest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or lia- bility, and for no other purpose whatever. ~No such law shall be submitted to be voted on, within three months after its passage, or at any general election when any other law creating a debtfj or any bill, or any amendment to the constitution,] shall be sub- mitted to be voted for or against. 1902. S. No. 1273 (Int. 885). S. J. 1468. 2. Time for paying state debts creation of debt when submitted to voters 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [on] in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual 168 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article VII, 4 tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within [eighteen] fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be. applied to the work or object specified in the act authorizing such debt or liability, or for the [repayment] pay- ment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage. [, or at any general election when any other law, or any bill, or any amendment to the constitution, shall be sub- mitted to be voted for or against.] 1903. A. No. 73 (Int. 73). A. J. 44. 3. Creation of debt submitted to taxpayers 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [on] in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the [people] electors of the state whose II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914: 169 Article VII, $ 4 names appear upon the general assessment rolls of their respective tax districts, and have received a majority of all the votes cast by such electors for and against it at such election. On the final pas- sage of such bill in either house of the legislature, the question shall he taken by ayes and noes, to be duly entered on the journals thereof, and shall be: ".Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the [people] such electors, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provisions hereinbefore specified to pay and discharge the interest and principal of such debt and lia- bility. The money arising from any loan or stock creating such a debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within three months after its passage, or at [any] a general election when any other law, or any bill, or any amendment to the constitution, shall be submitted to be voted for or against. 1903. S. No. 284 (Int. 263). (Same as A. No. 495.) S. J. 104. A. No. 495 (Int. 452). (Same as S. No. 284.) A. J. 184. 4. Permitting legislature to alter tax rate to provide for debt authorized by vote of people 4. (Proposal to add the following to section four as amended in 1909 :) In case any annual tax heretofore imposed for the pay- ment of a debt authorized by vote of the people under the constitu- tion will, if continued, provide for the payment of the interest on such debt as it falls due and also the payment of the principal of such debt before it becomes due, the legislature may amend the law by reducing the rate of such tax provided that the same shall not be reduced below a sum sufficient to pay the interest on such debt as it falls due and also the principal of such debt when it be- comes due. 170 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VII, 4 The supreme court shall have jurisdiction to direct the comp* trailer or any officer of the state to impose a tax sufficient to comr ply with the provisions of this section for the protection of any sinking fund of the state. 1914. S. No. 1619 (Int. 1306). S. J. 795, 1071, 1211. 5. Initiative and referendum (For amendment to this and other sections to provide for the initiative, and the referendum, see p. 271.) 6. Initiative, referendum and recall (For amendment to this and other sections to provide for the initiative, the referendum and the recall of elective officers, see p. 293.) 7. The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be for- ever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 7. The lands of the state, now owned or hereafter acquired constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed^ But the legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construc- tion and maintenance of reservoirs for municipal water supply, for the canals of the state and to regulate the flow of streams. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and deter- mination that such lands are required for such public use. The expense of any such improvements shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received. Any such reservoir shall always be operated by the state and the legislature shall provide for a charge upon the property and municipalities benefited for a rea- sonable return to the state upon the value of the rights and prop- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 171 Article VII, 7 erty of the state used and the services of the state rendered, which shall be fixed for terms of not exceeding ten years and be read just- able at the end of any term. Unsanitary conditions shall not be created or continued by any such public works. A violation of any of the provisions of this section may be restrained at the suit of the people or, with consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen. 1911. S. No. 1930 (Int. 1068). To Sec. of State. S. J. 673, 1186, 1320, 1639, 1792, 2133. A. J. 3260, 3641, 3647, 3653. 1913. S. No. 1006 (Int. 910). To Sec. of State. S. J. 335, 919, 1113, 1302, 1303, 1848. A. J. 2560, 3131, 3148, 3185. Adopted Nov. 4, 1913. Vote: for, 486,264; against, 187,290. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Lease, exchange and sale of state land in forest preserve 7. The lands of the State, now owned or hereafter acquired, constituting the Forest Preserve as now fixed by law, shall be for- ever kept as wild forest lands. Except as authorized by this sec- tion, they [They] shall not be leased, sold or exchanged, [or] to be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The Legislature may authorize the leasing for such term as it may by law fix of a parcel of not more than five acres of land in the Forest Preserve to any one person, for camp and cottage purposes. The Legislature may also authorize the exchange of lands owned by the State, situate outside the Forest Preserve, for lands not owned by the State, situr ate within the Forest Preserve. The Legislature may also author- ize the sale of lands belonging to the State, situate outside the Forest Preserve, but the money so obtained shall not be used except for the purchase of lands situate within the Forest Preserve, and which, when so purchased, shall become a part of the Forest Preserve. 1895. S. No. 628 (Int. 320). To Sec. of State. S. J. 207, 335, 357, 423, 475, 600, 642, 1032. A. J. 1468, 2027, '2151, 2234. 1896. S. No. 970 (Int. 788). To Sec. of State. S. J. 618, 1542, 1659, 1673, 2124. A. J. 3499, 3741. Kejected Nov. 3, 1896. Vote: for, 321,486; against, 710,505. PAET II 7 172 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, $ 7 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Use of forest preserve for water storage 7. The lands of the state now owned or hereafter acquired constituting the forest preserve as now fixed by law excepting such lands as the legislature shall provide by law shall necessarily be used for the storage of water for public purposes and the construc- tion of dams therefor, shall be forever kept as wild forest lands. They shall not be leased, 'sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. 1906. S. No. 1287 (Int. 942). (Same as A. No. 2255.) To Sec. of 'State. S. J. 1148, 1533, 1595, 1670, 1931. A. J. 3010, 3189, 3202. A. No. 2255 (Int. 1586). (Same as S. No. 1287.) A. J. 2286. 1907. S. No. 337 (Int. 308). (Same as A. Nos. 411 and 582.) S. J. 140. A. No. 411 (Int. 404). (Same as S. No. 337 and A. No. 582.) A. J. 109. A. No. 582 (Int. 554). (Same as S. No. 337 and A. No. 411.) A. J. 196. 7. (Proposal to add the following:) except that the legis- lature may authorize by law the use of such lands situated out- side of the limits of the Adirondack park and of the Cat- skill park, as such parks are now fixed and established by law, for building dams, reservoirs and appurtenances, for the stor- age of water outside of said parks, for public purposes, after causing the removal of all timber embraced thereby; and such dams, reservoirs and appurtenances, with the power developed therefrom, shall be owned and controlled by the state, and the waters and the use of the waters, and the power, developed there- from, may be sold or leased for value, by the state, for the benefit of the people of the state. A violation of this section may be re- strained at the suit of the people, or with the consent of the su- preme court on notice to the attorney-general, at the suit of any citizen of the state. 1908. S. No. 1070 (Int. 818). (Same as A. No. 2069.) To A. S. J. 685, 813, 880, 993. A. J. 2125. A. No. 2069 (Int. 1474). (Same as S. No. 1070.) A. J. 1619. 7. (Proposal to add the following:) The provisions of this section may be modified as provided in chapter of the laws II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 173 Article VII, 7 of nineteen hundred and ten as to the use of state lands for water storage, but in no other respect whatever. 1910. S. No. 919 (Int. 826). (Same as A. No. 1745.) S. J. 520. A. No. 1745 (Int. 1330). (Same as S. No. 919.) A. J. 1219. 7. (Proposal to add the following:) But the legislature may provide by general laws for the construction and mainte- nance of reservoirs under state control on such lands whenever the storage of water is necessary for municipal water supply, for the canals of the state or to regulate the flow of streams. No reservoir shall be erected under any such law until after the ap- pellate division of the supreme court for the department in which it is to be located shall after a hearing adjudge the use of state land therefor necessary for the public welfare. The people and, with the consent of the court, private persons may come in as parties to the proceeding and the court may impose such condi- tions as in its judgment the public interest requires. The judg- ment may be reviewed by the court of appeals. If rights or property of the state be taken or used for any such improvement other than for the canals, the value thereof or of their use shall be a charge upon the property or municipality directly benefited and must be paid into the state treasury in gross or by annual fixed charge as shall be provided by law. The expense of any such improvement to regulate the flow of streams shall so far as it improves private property be borne by such property to the extent of the benefits received. Unsanitary conditions shall not be created or continued by any such reservoir. A violation of this section may be restrained at the suit of the people or with the consent of the supreme court in appellate division on notice to the attorney- general at the suit of a citizen. 1910. A. No. 829 (Int. 730). To S. Amended, S. No. 1529. To Sec. of State. A. J. 404, 1271, 1473, 1507, 1627, 1780, 1857, 3250. S. J. 903, 1127, 1227, 1383, 1535, 1642, 1709, 1755, 1756. 1911. S. No. 796 (Int. 723). (Same as A. No. 2323.) S. J. 406. A. No. 2323 (Int. 1039). (Same as S. No. 796.) A. J. 792, 2136, 2141. 2. Sale of lands in forest preserve 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall he for- 174 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 7 ever kept as wild forest lands, except as hereinafter provided. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the sale of lands outside of the limits of the Adirondack park and the Catskill park as such parks are now established ~by law. The pro- ceeds of such sales shall "be set apart in a separate fund and used only for the purchase of lands in such parks. 1907. S. No. 1035 (Int. 834). To A. Amended, A. No. 2758. S. J. 654, 1093, 1136, 1165. A. J. 2421, 2566, 2570, 3019, 3069, 3288, 3331. 7. (Proposal to add the following :) But the state conservation commission may, with the approval of the governor, sell and con- vey isolated parcels of land now owned or hereafter acquired ~by the state which may be required for any other state purpose or by any municipality of the state for public use, provided that such isolated parcels are situated wholly outside the boundaries of the Adiron- dack and Catskill parks as now defined by law, and the proceeds from lands so sold and conveyed shall only be used by the state in acquiring lands situated wholly within the boundaries of said Adirondack and Catskill parks. 1913. S. No. 1451 (Int. 1261). (Same as A. No. 1052.) S. J. 559. A. No. 1052 (Int. 1000). (Same as S. No. 1451.) To S. A. J. 396, 2622, 2637, 2658, 2694. S. J. 1577. 3. Use of forest preserve lands for water storage, hydro-electric develop- ment and state highways sale and lease of lands removal of dead and down timber 7. [The] Except as in this section hereinafter provided, the lands of the state, now owned or hereafter acquired [,] constitut- ing the forest preserve as now fixed by law;[,J shall be forever kept as wild forest lands. They shall not be leased, sold or ex- changed, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The fore- going provisions of this section shall not prevent the use of lands in the forest preserve, or the timber thereon, for the following purposes: 1. Lands in the forest preserve may be used for the storage of water and the development of water power and the transmission of electric current under state control, and, for that purpose the legis- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 175 Article VII, $ 7 lature may authorize the use of land for the erection and main- tenance of dams,, the impounding of water and all other improve- ments thereon necessary and incidental to such purposes, provided, however,, that the quantity of land so used shall never exceed three per centum of the total area of the forest preserve. 2. Lands in the forest preserve may be used for the construction of highways by and at the expense of the state. 3. The forest, fish and game commissioner, ivith the approval of the governor, may lease for periods not longer than ten years sites of not more than five acres each for camps within the forest preserve. 4. The forest, fish and game commissioner may remove and dispose of dead and down timber in the forest preserve. 5. The forest, fish and game commissioner may, with the ap- proval of the governor, sell and convey lands now owned or here- after acquired by the state, which are situated wholly outside the boundaries of the Adirondack and Catskill parks, as now defined by law, and the proceeds from lands so sold and conveyed shall only be used by the state in acquiring lands situated wholly within the boundaries of said parks. 1910. S. No. 439 (Int. 423). S. J. 192. 4. Cutting of timber, construction of highways and lease and sale of lands within forest preserve 7. The lands of the state now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. Except as authorized by this article, they [They] shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The foregoing provisions shall not be construed to forbid the cutting of timber, according to a system of scientific forestry and under such rules and regulations as the commission having charge of the forest preserve may adopt, nor to forbid the laying out of roads along such routes as may be approved by said com- mission, or the control of the use of such roads by it. But no steam railroads shall be constructed or operated upon state lands in said forest preserve. The prohibition to lease herein contained shall not apply to camp sites, but no camp site shall exceed two acres in extent. Not 176 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VII, $ 7 more than two hundred and fifty feet of shore line on any lake or river shall be leased to any one lessee nor shall more than one- half of such shore line nor more than one-half of any island be leased. Leases shall not be made for a longer period than twenty years. They shall be sold to the highest bidder and shall not grant any exclusive hunting or fishing privilege nor permit the inclosure of lands with a fence nor contain any restriction of the right of the public to cross the premises. Between each two camp sites there shall be at least two hundred and fifty feet of shore line which shall not be leased. All funds derived from the sale of timber or other produce or from leases of state lands shall be applied to the purchase of forest lands within the boundaries of the Adirondack park, the expense of tree planting and reforesting, and of carrying out the plans approved hereunder by the commission having charge of the forest preserve. The legislature may authorize the sale of state lands outside of the Adirondack park and adjacent thereto, and the application of the proceeds of such sale to the purchase of lands within the Adirondack park. Laws shall be made to provide for the carrying into effect of this section. 1902. A. No. 1276 (Int. 574). A. J. 329, 1046, 1175, 1306, 1470. 5. Sale of lands and removal of dead timber in forest preserve 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be for- ever kept as wild forest lands, except as hereinafter provided. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the removal of dead timber on burned areas so far as necessary for reforestration, through officers and employees of the state, but not by contract. The legislature may also authorize the sale of lands outside of the limits of the Adirondack park and the Cats- kill park as such parks are now established by law. The pro- ceeds of such sales shall be set apart in a separate fund and used only for the purchase of lands in such parks. A violation of this section may be restrained at the suit of the people or with the con- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 177 Article VII, 7 sent of the supreme court on notice to the attorney-general at the suit of any citizen of the state. 1904. S. No. 1013 (Int. 783). To Sec. of State. S. J. 718, 797, 879, 906, 1054, 1691. A. J. 2419, 2483. 6. Sale, lease or exchange of lauds in and cutting of timber on forest preserve in Lewis county 7. Except as provided in this section, the [The] 1 lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. Except as provided in this section,, they [They] shall not be leased, sold or exchanged, or be taken by any corporation, pub- lic or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may provide by law for the sale, lease or exchange of lands in the county of Lewis, constituting a part of the forest preserve, or may authorize the cutting and removal of timber thereon to an extent which will not impair their char- acter as wild forest lands. 1901. A. No. 755 (Int. 680). A. J. 389, 921, 969, 1018. 7. Sale and removal of soft woods and building of roads in forest preserve 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. Except as authorized by this article, they [They] shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the sale and removal of hemlock, spruce, pine, bal- sam or other soft woods if more than ten inches in diameter three feet from the ground. The proceeds of such sales shall be set apart in a separate fund known as the forest preserve fund, and shall be used only to care for and extend the forest of the state in the forest preserve. Roads may be built in the forest preserve, but franchises shall not be granted for railroads or street surface railroads upon or across any part of the forest preserve, nor shall such railroads be maintained. 1902. S. No. 1163 (Int. 159). To A. Recalled to S. S. J. 54, 436, 686, 741, 846, 848, 985, 1006, 1019, 1220, 1419. A. J. 1489, 1746. 178 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 7 8. Removal of dead, burned or fallen timber in forest preserve 7. The lands of the state,, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be for- ever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor, except as provided herein, shall the timber thereon be sold, removed or destroyed. The legislature, however, may provide for the removal and sale of fallen, dead and burned timber on lands constituting the forest preserve, under the supervision of the forest, fish and game commission. 1909. A. No. 1617 (Int. 637). To S. Amended, S. No. 1546. To Sec. of State. A. J. 360, 898, 980, 1014, 1161, 1245, 2622, 2738. S. J. 689, 988, 1155, 1252, 1407, 1436, 1557, 1561, 1571. 9. Exception of certain parts of forest preserve from preservation as wild forest lands removal of dead, burned and fallen timber 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, excepting isolated tracts of lands within the counties containing any portion of the Adirondack park and not included ivithin the limits of such park as now constituted, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber [thereon] on any such lands be sold, removed or destroyed, except that dead, burned or fallen timber on such lands may be sold and removed in the manner prescribed by the legislature. A. No. 113 (Int. 113). A. J. 65. 10. Use of St. Lawrence river and forest preserve for water storage and power development 7. (Proposal to add the following:) But this section shall not prevent the use of the waters of the Saint Lawrence river for canals, municipal purposes and hydraulic develop- ments on,, over or through such lands by the state, or under priv- ileges granted in accordance with this constitution; and the legis- lature may provide by general laws for the construction and main- tenance of reservoirs by the state, on so much of such lands as may be necessary, whenever the storage of water is necessary for municipal water supply, for the canals of the state, or to regulate the flow of streams. No reservoir shall be erected under any such law until after public notice, hearing and determination in the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 179 Article VII, 7 manner to be provided by law, by which it shall appear that such lands are required for such public use. Where property of the state is used for such reservoirs, the value of its use shall be a charge upon any private property or municipality directly bene- fited, and in proportion to the benefits received as nearly as same can be ascertained. Such value shall be paid into the state treas- ury in annual returns and be readjustable at the end of every ten- year period at the instance of the state, or of the owners of the property or municipality benefited. ' Any violation of the prohibi- tions of this section may be restrained at the suit of the people, or with consent of the supreme court in appellate division, on notice to the attorney-general, at the suit of a citizen. 1911. A. No. 1725 (Int. 1479). A. J. 1358. 11. Use of forest preserve for conservation and utilization of water 7. (Proposal to add the following:) Such lands may, how- ever, be used by the state for the development of sources, conserva- tion or utilization of water or regulation of its flow. 1912. A. No. 561 (Int. 538). A. J. 166. 1913. A. No. 703 (Int. 677). (Same as A. No. 1313.) A. J. 228. A. No. 1313 (Int. 1214). (Same as A. No. 703.) A. J. 562. 12. Use of forest preserve for water storage or forestation 7. (Proposal to add the following:) Such lands may, how- ever be used by the state for the construction and maintenance of water storage reservoirs for the development or conservation or utilization of water or regulation of its flow, or for the purposes of forestation. 1912. S. No. 1271 (Int. 344). S. J. 92, 661. 13. Use of forest preserve lands for erection of state tuberculosis sani- tarium 7. Except as herein provided, the [The] lands of the state now owned or hereafter acquired constituting the forest preserve, as now fixed hy law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or [be] taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may set apart a tract of 180 NEW YOBK STATE CONSTITUTION ANNOTATED [Part Article VII, 7a land of the state not to exceed in area one thousand acres for the erection and maintenance thereon of a state hospital or sanitarium for the treatment and care of persons afflicted with pulmonary tuberculosis. 1911. A. No. 338 (Int. 337). A. J. 160; 14. Restriction on disposal of water and water rights 7-a. (Proposal to add the following new section:) The people of this state in their right of sovereignty do possess the original and ultimate property of the waters in and to all rivers, lakes, streams and tributaries within the state of New York, and it shall remain the property of the state and under its management forever. 2. The state shall not lease or otherwise dispose of the waters of any river, lake, stream or tributary for water power for a period of more than ten years, except that the state may lease, contract or otherwise dispose of the waters of the rivers, lakes, streams and tributaries for the purpose of supplying water to the inhabitants of the state of New York. 1909. A. No. 418 (Int. 404). A. J. 224. 15. Removal of mature, dead or fallen timber lease of camp sites con- struction of roads or trails sale of lands outside Adirondack or Catskill parks 7-a. (Proposal to add the following new section:) The prohi- bition of section seven shall not prevent the cutting or removal of mature, dead or fallen timber or trees detrimental to forest growth, on lands constituting the forest preserve, nor the leasing of camp sites and the construction of roads and trails necessary for protec- tion against fire, and for ingress and egress. The legislature may authorize the sale of lands outside the limits of the Adirondack park and the Catskill park as such parks are now established by law. The proceeds of such sales of lands shall be set apart in a separate fund and used only for the purchase of lands or for re- forestation in such parks. 1913. A. No. 2765 (Int. 1425). (Substituted for S. No. 2455.) To Sec. of State. A. J. 724, 2801, 2811, 3069, 3224, 3605. S. J. 1979, 2012, 2013. S. No. 2455 (Int. 1814). (A. No. 2765 substituted.) S. J. 1738, 1855, 1979. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 181 Article VII, 8 16. Lease of camp sites in forest preserve 7-a. (Proposal to add the following new section:) The leg- islature may authorize the leasing of lots containing not more than two acres of land in the forest preserve for camp and cottage pur- poses, but such leases shall not be for more than twenty years, shall be let to the highest bidder therefor at the capitol, and the rents shall be available only for the care and extension of the forest pre- serve. 1902. S. No. 389 (Int. 333). S. J. 165. 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 canal ; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg 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 por- tion of the canals. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Prohibiting sale of canals, docks, terminals, etc. 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 canal[;] or any part of said canals, or any lands, slips, docks, or other structures, basins, harbors, or terminals connected with and appurtenant to said canals hereafter provided, acquired or constructed by the state to aid commerce upon said canals, or upon tide waters, lakes, or canal- ized waterways, including all that portion of the Erie canal in the city of Buffalo from the guard lock therein to and including Com- mercial slip and the slips leading from the canal to the Erie basin, but they shall remain the property of the state and under its man- agement forever. The word " canal," as used herein, includes slips, harbors and the canals as constructed and improved under and pursuant to chapter one hundred and forty-seven of the laws of nineteen hundred and three, as heretofore amended, and under 182 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VII, 8 and pursuant to chapter three hundred and ninety-one of the laws of nineteen hundred and nine. No part of any of the said canals nor of said lands, slips, docks, or other structures, basins, harbors or terminals, shall be abandoned, until the same shall have ceased to be a portion thereof and shall have been declared abandoned by an act of the legislature, based upon a certificate of the canal board, that it is no longer a portion thereof. All funds that may be de- rived from any lease, sale or other disposition of any canal not above mentioned, or of any part of the canals, lands, slips, docks, or other structures, basins, harbors or terminals, which shall have ceased to be a portion thereof and declared abandoned, as above provided, shall be applied to the improvement, superintendence or repair of the remaining canals. [The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any such* lease, sale or other disposi- tion of any canal shall be applied to the improvement, superin- tendence or repair of the remaining portions of the canals.] 1910. S. No. 1567 (Int. 1128). To A. Amended, A. No. 2669. To 'Sec. of State. S. J. 1211, 1290, 1468, 1554, 1643, 1975, 2017, 2018. A. J. 3187, 3267, 3276, 3605, 3612, 3630, 3681, 3682. 1911. S. No. 190 (Int. 186). To Sec. of State. S. J. 77, 1299, 1754, 1892, 2428. A. J. 3361, 3928, 3934, 3969. Kejected Nov. 7, 1911. Vote: for, 282,893; against, 324,465. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Disposal of canals to United States 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 canal ; but they shall remain the property of the State and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg Street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Ham- burg street; nor shall such prohibition apply to the sale, lease or other disposition of said canals, or either of them to the United * Word ' ' such ' ' not in original constitution. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 183 Article VII, 8 States upon such terms as may be mutually agreed upon, and upon the express condition that the United States shall improve, main- tain and operate the same as a free public waterway, and, in case of failure by the United States so to do, that the said canals, or either of them, together with all improvements made thereon, shall revert to and again become the property of the state of New York. All funds that may be derived from any lease, sale or other dis- position of any canal shall be applied to the improvement, super- intendence or repair of the remaining portion of the canals. 1898. S. No. 913 (Int. 111). (Same as A. No. 1848.) S. J. 62, 174, 664, 939, 1010, 1011, 1017, 1078, 1194, 1240. A. No. 1848 (Int. 304). (Same as S. No. 913.) A. J. 120, 2042, 2252. 1900. A. No. 1796 (Int. 1391). A. J. 1420. 2. Sale or other disposition of canals 8. i[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 canal ; but they shall remain the property of the state and under its management for- ever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg 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.] The legislature may provide by law for the sale or other disposition of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal and the Black river canal, and of all the rights, easements, appurtenances and other property belonging to the stale, connected with the use of such canals. 1901. A. No. 50 (Int. 50). A. J. 69. 3. Abandonment of canals and construction of railroad along beds or banks 8. (Proposal to add the following:) But nothing contained in this section shall prohibit the abandonment of the Erie canal, and th e construction by the state of a steam surface railroad, along the banks and in the bed of such canal. The legislature shall provide by law for the construction of such railroad, consisting of not 184 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 8 less than four tracks, and for the lease thereof to the person or corporation who shall agree to transport freight at the lowest rate for each ton or for each one hundred pounds from the city of Buffalo to the city of New York and to and from the intermediate points along such railroad. 1903. A. No. 363 (Int. 351). A. J. 133. (For the remainder of this resolution, see proposed amendments to $$ 9 and 10 of this article, p. 190.) 8. [The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlaiii canal, the Cayuga and Seneca canal, or the Black River canal ; but they shall remain the property of the state and under its management for- ever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg 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 portions of the canals.]' The legislature is hereby authorized to abandon the canals for the purposes of water naviga- tion and to provide for the construction of one or more railway tracks at state expense, exclusively for freight, upon or sub- stantially along the bed of such canals, to be equipped, main- tained and operated or leased under such regulations as the legis- lature may provide. 1902. A. No. (Int. ). A. J. 2936.* 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 canal ; but they shall remain the property of the state and under its management for- ever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be * This proposed amendment was apparently never printed. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 185 Article VII, 8 applied to the improvement, superintendence or repair of the remaining portion of the canals.] The legislature may declare abandoned sucli portion or portions of the canals as it deems advisable, and may provide for the construction, equipment and operation of a railroad for the transportation of freight upon the route of any canal or portion thereof so abandoned. Such railroad may be constructed and operated by the state, or the legislature may grant the privilege of constructing and operating such rail- road to any person or corporation, subject to such restrictions as the legislature may determine, or the legislature may provide that such railroad shall be constructed by the state and may lease the privilege of equipping and operating such railroad to any person or corporation, subject to like restrictions. 1905. S. No. 930 (Int. 731). S. J. 566. 4. Disposition of Black river canal north of Boonville 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 that portion of the Black river canal south of the northern boundary line of the village of Boonville; but they shall remain the property of the state and under its manage- ment forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the Black river canal north of the northern boundary line of the village of Boonville. The canal board may, in its discretion, declare abandoned such portion or portions of the said Black river canal, north of the northern boundary line of the village of Boonville, as it may deem advisable. 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. 1906. S. No. 561 (Int. 493). (Same as A. No. 1027.) S. J. 282. A. No. 1027 (Int. 862). (Same as S. No. 561.) 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 that portion of the Black River canal 186 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 8 south of the northern boundary line of the village of Boonville as the same is now constituted; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situ- ated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the Black River canal north of the northern boundary line of the village of Boonville. The canal board may, in its discretion, declare abandoned such portion or portions of the Black River canal north of the northern boundary line of the village of Boonville, as it may deem advisable. 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 portions of the canals. 1907. A. No. 1430 (Int. 1185). A. J. 826. 5. Grants of surplus waters of canals and navigable waters and lands thereunder 8. (Proposal to add the following:) Privileges to use the surplus waters of the canals and canalized streams forming part of the canal system, including state right of diversion, but subject to the needs of navigation together with lands acquired by the state for utilizing its surplus waters, may be granted, but only under general laws, and for terms not exceeding fifty years from the date of the grant. Payment into the state treasury of an an- nual return for the value of such use shall be required and shall be readjustable at the end of every ten-year period at the instance of the state or the user. Privileges to use for hydraulic power the waters of navigable natural streams, including the Saint Lawrence river, but exclud- ing other waters on state lands within the forest preserve, may be granted but only under general laws, and for terms not exceeding fifty years from the date of the grant, and, subject to the jurisdic- tion of congress, provision for navigation in such waters shall be such as the legislature may impose, and a separate annual tax for general state purposes shall be imposed upon such privileges ac- cording to valuations made by a board of state officers, and such privileges shall be exempt from all other taxation. No tax or 'assessment shall be levied on lands under natural waters or streams, tidal or fresh, which lie below the ordinary high II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 187 Article VII, 8 water mark of such waters and below the head of the navigable limits thereof, as private property; and no grant conveying title of the state to such lands under water shall hereafter be made. No presumption of a grant of title or of any right to use for pri- vate purposes public lands or lands under waters in which any right of public user exists, shall arise from any prior private use thereof. No sale or other transfer of a privilege granted to any person or corporation to use such public waters or lands there- under shall be made except with the approval of the authorities empowered under general laws to make grants of such privileges. Except as limited in this constitution, the state may use any pub- lic lands and waters for producing electric light, heat and power for state use or for sale to municipalities for their use, or for dis- tribution and sale by them; and provisions shall be made by law for acquiring private lands necessary for the utilization of public lands and waters for that purpose. The legislature may provide by general laws for the construc- tion and maintenance of reservoirs for municipal water supply, for the canals of the state, and to regulate the flow of streams. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after public notice, hearing and determination that such works are required for public benefit. The expense of any such improvement shall be apportioned on the public and private property and municipal- ities benefited to the extent of the benefits received. Any such reservoirs shall be operated by the state, and the legislature shall provide for a charge upon the property and municipalities bene- fited for a reasonable return to the state upon the value of the rights and property of the state used and services of the state ren- dered, which shall be fixed for terms not exceeding ten years and be readjustable at the end of any term. 1911. S. No. 1712 (Int. 1405). S. J. 1205, 1536. 8. (Proposal to add the following:) Privileges to use the sur- plus waters of the canals and canalized streams forming part of the canal system including state rights of diversion, but subject to the needs of navigation, may be granted but only under author- ity of general laws and after public notice and hearing thereunder and for terms not exceeding fifty years from the date of the grant. Payment into the state treasury of an annual return for the value 188 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VII, 8 of such use shall be required and shall be readjustable at the end of every ten-year period at the instance of the state or the user. Private lands necessary for utilizing such surplus waters may be acquired by the state and, when so required, privileges to use such lands may be granted together with privileges to use such waters but by the authority and under the conditions herein prescribed. Privileges to impound or divert the waters of navigable natural streams including the Saint Lawrence river but excluding other waters on state lands within the forest preserve, may be granted but only under authority of general laws and after public notice and hearing thereunder and for terms not exceeding fifty years from the date of the grant and provision for navigation shall, sub- ject to the jurisdiction of congress, be such as the legislature may impose and a separate annual tax for general state purposes shall be imposed upon such privileges and provision shall be made for the valuing thereof by a board of state officers and a privilege so granted shall be exempt from all other taxation. No waters re- ferred to in this section shall, except to the extent authorized under unexpired or irrevocable grants, if any, heretofore law- fully made, be drawn, impounded or diverted for private use un- less hereafter authorized by grants made as herein prescribed. No tax or assessment shall be levied on lands under natural waters or streams which lie below the ordinary high water mark thereof and below the head of the navigable limits thereof, as private property. No grant conveying title of the state to such lands under water, tidal or fresh, shall hereafter be made. No presumption of a grant of title or of any right to use for private purposes public lands or lands under waters in which any right of public user exists, shall arise from any prior private use thereof and no sale or other transfer of a privilege granted to any person or corpora- tion to use such public waters or lands thereunder shall be made except with the approval of the authorities empowered under gen- eral laws to make grants of such privileges. Except as limited in this constitution, the state may use any public lands and waters for producing electric light, heat and power for state use or for sale to municipalities for their use or for distribution and sale by them and the state may acquire private lands necessary for the utilization of public lands and waters for that purpose. 1911. A. No. 1725 (Int. 1479). A. J. 1358. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 189 Article VII, 9 6. Repeal The following proposals to repeal Art. VII, 8, were introduced: 1901. S. No. 4 (Int. 4). S. J. 4-2. A. No. 7 (Int. 7). A. J. 53, 73. 1902. S. No. 119 (Int. 119). S. J. 42. 1903. S. No. 137 (Int. 134). S. J. 56. 9. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted con- cerning the navigation of the canals. The Legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on any canal shall be made with the per- sons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compen- sation shall be made to any contractor; but if, from any unfor- seen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Legislature to regulate canal tolls 9. [No tolls shall hereafter be imposed on persons or prop- erty transported on the canals, but all] All boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on [any] the canals shall be made with the per- sons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra com- pensation shall be made to any contractor; but, if, from any un- foreseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. The legislature may make pro- vision for tolls to be imposed on persons and property to be trans- 190 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 9 ported on the canals, and may fix the amount and regulate the manner of the payment thereof. 1903. A. No. 1048 (Int. 852). To S. A. J. 630, 1711, 1797, 1839, 1954. S. J. 972. 2. Abandonment of canals and construction of railroad along beds or banks- 9. No toll shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the [superin- tendence] superintendents and repairs of the canals,, and any rail- road constructed upon the banks or bed of the Erie canal. All contracts for work or materials on any canal or any railroad con- structed upon the banks or bed of the Erie canal, shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor ; but, if, from any [unforseen] unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. 1903. A. No. 363 (Int. 351). A. J. 133. (For the remainder of this resolution, see proposed amendments to $ 8 and 10 of this article, p. 184, and below, this page.) 3. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections to provide for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 10. The canals may be improved in such manner as the Legis- lature shall provide by law. A debt may be authorized for that purpose in the mode prescribed by section four of this article, or the cost of such improvement may be defrayed by the appropria- tion of funds from the state treasury, or by equitable annual tax. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Abandonment of canals and construction of railroad along "beds or banks 10. The canals or any railroad constructed upon the banks or bed of the Erie canal, may be improved in such manner as the legislature shall provide by law. A debt may he authorized for - II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 191 Article VII, 11 that purpose in the mode prescribed by section four of this article, or the cost of such improvement may be defrayed by the appro- priation of funds from the state treasury or by equitable annual tax. 1903. A. No. 363 (Int. 351). A. J. 133. (For the remainder of this resolution, see proposed amendments to $$ 8 and 9 of this article, pp. 184, 190.) AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 11. The legislature may appropriate out of any funds in the treasury, moneys to pay the accruing interest and principal of any debt heretofore or hereafter created, or any part thereof, and may set apart in each fiscal year, moneys in the state treasury as a sinking fund to pay the interest as it falls due and to pay and discharge the principal of any debt heretofore or hereafter cre- ated under section four of article seven of the constitution until the same shall be wholly paid and the principal and income of such sinking fund shall be applied to the purpose for which said sinking fund is created and to no other purpose whatever and in the event such moneys so set apart in any fiscal year be sufficient to provide such sinking fund, a direct annual tax for such year need not be imposed and collected, as required by the provisions of said section four of article seven, or of any law enacted in pursuance thereof. 1902. S. No. 208 (Int. 208). (Same as A. No. 1403.) To 'Sec. of State. S. J. 74, 240, 347, 363, 393, 987, 988. A. J. 732, 1264, 1357, 1432, 1470, 1524, 1525. A. No. 1403 (Int. 338). (Same as S. No. '208.) A. J. 128, 1183, 1476. 1903. S. No. 1072 (Int. 9). To A. Amended, A. No. 2115. To Sec. of State. S. J. 15, 399, 857, 1010, 1213, 1235, 1390, 1508, 1566. A. J. 2777, 2816, 2817, 2818, 2994. Adopted Nov. 7, 1905. Vote: for, 307,768; against, 134,773. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Diversion of waters of Niagara river 11. (Proposal to add the following new section:) No charter, license or privilege to divert from their natural chan- nel the waters of the Niagara river or any portion thereof 192 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 12 above Niagara Falls shall be granted to any corporation, associa- tion, person or persons except for sanitary, domestic or -fire pur- poses, and such waters shall not be diverted for any purpose except as herein expressed. This section shall not be construed to affirm or impair the existing charter of any corporation, association or persons, or to affirm, impair or deny any right to divert the water of said river existing prior to the adoption of this section. 1906. A. No. 1792 (Int. 778). To S. A. J. 507, 1307, 1394, 1471, 1681, 1749. S. J. 894. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be deter- mined under general laws, which shall also provide for the equi- table apportionment thereof among the counties. The aggre- gate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sink- ing fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the propor- tionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of high- ways hereby authorized. 1903. S. No. 353 (Int. 312). (Substituted for A. No. 1245.) To Sec. of State. S. J. 147, 572, 701, 744, 767, 844. A. J. 1654, 1680, 1698. A. No. 1245 (Int. 988). (S. No. 353 substituted.) A. J. 841, 1433, 1516, 1527, 1630, 1698. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 193 Article VII, 12 1905. S. No. 163 (Int. 163). To Sec. of State. S. J. 68, 305, 345, 374, 382, 1239. A. J. 682, 1990, 2089, 2126, 22'53, 2348. Adopted Nov. 7, 1905. Vote: for, 383,188; against, 117,181. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Authorizing state debt for highway improvement other than in cities and villages 12. (Proposal to add the following new section:) A debt or debts of the state may be authorized by law for the improve- ment of highways not within the boundaries of any city or vil- lage. Such highways shall be determined under general laws, ivhich shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts author- ized by this section shall not at any one time exceed the sum of twenty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least one per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time and for any highway be required to pay more than thirty- five hundredths of the cost of such highways, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized. 1902. S. No. 957 (Int. 734). S. J. 782. 2, Highways in forest preserve 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be deter- mined under general laws, which shall also provide for the equi- table apportionment thereof among the counties. Any county having part of the forest preserve therein shall receive its equi- table apportionment of highways. Highways within the forest preserve shall be opened or improved in the same manner as other highiuays in the state, except that they shall not be laid out to a 194 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VII, 12 greater width than one hundred feet or improved for a greater width than other highways in the state under similar conditions. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hun- dredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized. 1910. A. No. 2093 (Int. 1508). To S. A. J. 1644, 3113, 3116, 3126, 3152. S. J. 1710. 3. Apportionment of highway money 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be deter- mined under general laws, which shall also provide for the equi- table apportionment [thereof] of the moneys authorized, among the counties containing towns, taking into consideration all moneys expended by the state for the improvement of state and county highways under chapters one hundred and fifteen of laws of eigh- teen hundred and ninety-eight, chapter three hundred and thirty, laws of nineteen hundred and eight, and chapter thirty of laws of nineteen hundred and nine, and the amendments to said laws. An apportionment for each of said counties shall be computed on the following basis: On the population as fixed by the federal census of nineteen hundred and ten, on the total measured mileage of public highways outside of cities and villages as obtained pur- suant to section sixty-nine of chapter thirty of the laws of nineteen hundred and nine, and on the total area; and the sum of one-third of each of these three factors thus obtained for each of said coun- ties, shall constitute such equitable apportionment. The aggre- gate of the debts authorized by this section shall not at any one II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 195 Article VII, 12 time exceed the sum of [fifty] one hundred millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to dis- charge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws, require the county or town, or both, to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hun- dredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized. 1912. S. No. 28 (Int. 28). S. J. 11. 4. Increasing highway debt limit to one hundred millions 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable ap- portionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any [one] time exceed the sum of [fifty] one hundred millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the prin- cipal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the propor- tionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be re- quired to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized. 1912. S. No. 276 (Int. 266). (Same as A. No. 23.) S. J. 69. A. No. 23 (Int. 23). (Same as S. No. 276.) A. J. 29. 196 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VII, 12 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be deter- mined under general laws, which shall also provide for the equi- table apportionment thereof, among the counties. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of [fifty] one hundred millions of dollars. The payment of the annual interest on such debt, and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity, shall be provided by general laws, whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may, by general laws, require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town, and the proportionate part of the interest thereon, but no county shall, at any time, for any highway, be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hun- dredths. None of the provisions of [the fourth section of] this article shall apply to debts for the improvement of highways hereby authorized. 1911. S. No. 2033 (Int. 1562). S. J. 1820. 5. Maintenance of highways 13. (Proposal to add the following new section:) No moneys of the state shall hereafter be appropriated for the whole or any part of the expenses of maintenance and repairs of highways constructed wholly or partly by the state, either under the provisions of section twelve of this article or under any law, but such expenses shall be borne in such manner as the legislature may, by appropriate laws, direct, by the several counties, cities, towns and villages within which the portion of any such highway to be maintained or repaired is located; but if the expense of any such maintenance or repair is imposed by law upon a city, town or village, the board of supervisors shall provide by taxation upon the county at large for all moneys not raised in the municipalities within the county and the fund for such maintenance and repairs shall be in the custody of the county treasurer, subject to expendi- ture under the direction of the state highway commission or oilier II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 197 Article VIII, 9 state board, body or officer, if any, succeeding to the powers and duties of such commission. 1913. S. No. 904 (Int. 813). (Same as A. No. 1296.) S. J. 294. A. No. 1296 (Int. 1197). (Same as S. No. 904.) A. J. 559. 6. Improvement of interstate highway bridges and tunnels 13. (Proposal to add the following new section:) A debt or debts of the state may be authorized by law for the improvement of interstate highway bridges and tunnels. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of twenty-five millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws, whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may, by general laws, require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such interstate high- way bridge and tunnel within the boundaries of such county or town, and the proportionate part of the interest thereon, but no county shall, at any time, for any interstate highway bridge and tunnel, be required to pay more than thirty-five hundredths of the cost of such interstate highway bridge and tunnel, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of interstate highway bridges and tunnels hereby authorized. 1914. A. No. 1116 (Int. 1042). A. J. 494. ARTICLE VIII 9. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or prop- 198 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 9 erty now held, or which may hereafter be held, by the State for educational purposes. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Welfare and safety of workmen workmen's compensation 9. (Proposal to add the following:) Nor shall anything in this constitution contained prevent the legislature from making such provision, as to it may seem proper, for the security and protection of the lives, health and safety of workmen, for com- pensation for injuries to them caused by accidents, or otherwise, arising out of their employment, for insurance against accidents, sickness, invalidity and old age, and for the good and welfare of the state and the people of the state. 1911. A. No. 1995 (Int. 1638). To S. A. J. 1628, 3777, 3784, 3804, 3891, 3941. S. J. 2299. 9. (Proposal to add the following:) Nor shall anything in this constitution contained prevent the legislature from making such provision, as to it may seem proper, for the security and protection of the lives, health and safety of workmen, for compensation for injuries to them caused by accidents, or otherwise, arising out of their employment, for insurance against accidents, sickness, invalidity and old age. 1912. A. No. 49 (Int. 49). A. J. 32. 1913. A. No. 324 (Int. 320). A. J. 103. (For adopted amendment authorizing a workmen's compensation law, see Art. I, 19, p. 15.), For other proposed amendments authorizing a workmen's compensation law, see pp. 7, 16.) 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or cor- poration; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 199 Article VIII, 10 to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assess- ment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise pro- vided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of cer- tificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or rev- enue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the term of the bonds issued to pro- vide the supply of water shall not exceed twenty years and a sink- ing fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or rev- enue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. Whenever hereafter the boundaries of any city shall become the same as those of a county, the power of the county to become indebted shall cease, but the debt of the county at that time existing shall not be included as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this State, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 200 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 AMENDMENTS SUBMITTED TO THE PEOPLE AND ADOPTED 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing in- debtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, ex- cept such as may now exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present in- debtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually con- tained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of in- debtedness or revenue bonds issued in anticipation of the collec- tion of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. Whenever [hereafter] the boundaries of any city are [shall become] the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 201 Article VIII, 10 same as those of a county, or when any city shall include within its boundaries more than one county, the power of any [the] county wholly included within such city to become indebted shall cease, but the debt of the county heretofore [at that time] exist- ing shall not, for the purposes of this section, be [included] reck- oned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county contain- ing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as pre- scribed in this section in respect to county or city debt. 1897. A. No. 1710 (Int. 958). (Same as S. No. 1013.) To Sec. of State. A. J. 787, 1398, 1688, 1741, 1761, 1795, 2050. S. J. 782, 805, 807. S. No. 1013 (Int. 592). (Same as A. No. 1710.) S. J. 345, 622, 639, 643. 1899. S. No. 631 (Int. 357). To Sec. of State. S. J. 176, 246, 317, 449, 465, 467, 1680. A. J. 984, 3044, 3206, 3272, 3274. Adopted Nov. 7, 1899. Vote: for, 315,475; against, 145,450. 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or villagei be allowed to incur any indebtedness except for county, city or town or village purposes. This section shall not prevent such' county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing in- debtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, ex- cept such as [may now] now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed* 202 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be con- strued to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained, in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be cre- ated on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in antici- pation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise in- debted ; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, to provide for the supply of water shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, here- tofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county contain- ing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as pre- scribed in this section in respect to county or city debt. 1901. S. No. 703 (Int. 344). (Same as A. No. 779.) To Sec. of State. S. J. 163, 320, 383, 514, 554, 557, 845. A. J. 1146, 1634, 1776. A. No. 779 (Int. 310). (Same as S. No. 703.) A. J. 154, 275, 381, 461, 629. S. J. 350. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 203 Article Vi.II, 10 1903. S. No. 1129 (Int. 573). To A. Amended, A. No. 2114. To Sec. of State. S. J. 458, 984, 1169, 1232, 1254, 1508, 1566. A. J. 2612, 2780, 2951, 2994. Adopted Nov. 7, 1905. Vote: for, 363,117; against, 129,424. 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, [or] town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing in- debtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitations, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city, whose present in- debtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. . This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term [terms] of the bonds issued to provide the supply of water shall not exceed twenty years and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the col- lection of taxes, which are not retired within five years after their PART II 8 204 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in as- certaining the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply of water shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become in- debted shall cease, but the debt of the county, heretofore existing shall not, for the purposes of this section, be reckoned as a part of the ,city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this sec- tion in respect to county or city debt. 1906. A. No. 916 (Int. 441). To Sec. of State. A. J. 178, 477, 523, 556, 659, 708, 3180, 3182, 3290. S. J. 342, 956, 1210, 1699. 1907. A. No. 1043 (Int. 918). To Sec, of State. A. J. 500, 2753, 2762, 2783, 2816, 3607. S. J. 1421, 1916, 1969. Adopted Nov. 5, 1907. Vote: for, 352,905; against, 137,721. 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing in- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 205 Article VIII, 10 debtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, ex- cept such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present in- debtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to pre^ vent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxation. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water, in excess of the limitation of indebtedness fixed herein, shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipa- tion of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city if there shall be any such debt, shall be included in ascertaining the power of the city to become other- wise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first 206 N"EW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten, to provide for the supply of water, shall not be so included; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to the city cur- rent net revenue, after making any necessary allowance for re- pairs and maintenance for which the city is liable, in excess of the interest on said debt and of the annual instalments necessary for its amortization may be excluded in ascertaining the power of said city to become otherwise indebted, provided that a sinking fund for its amortization shall have been estab- lished and maintained and that the indebtedness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization instalments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city therefrom shall meet the interest and amortization instalments thereof, pro- vided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts hereto- fore incurred shall be available only for the acquisition or con- struction of properties to be used for rapid transit or dock pur- poses. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be determined, and no such debt shall be ex- cluded except in accordance with the determination so prescribed. The legislature may in its discretion confer appropriate jurisdic- tion on the appellate division of the supreme court in the first judicial department for the purpose of determining the amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception shall thereafter become invalid by rea- son of the operation of any of the provisions of this section. When- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 207 Article VIII, 10 ever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, here- tofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county contain- ing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as pre- scribed in this section in respect to county or city debt. 1908. S. No. 1118 (Int. 588). To A. Amended, A. No. 2257. To Sec. of State. S. J. 332, 533, 784, 914, 932, 1150, 1391. A. J. 2055, 2120, 2134, 2279, 2350, 2351. 1909. S. No. 671 (Int. 65). (Same as A. No. 988.) To Sec. of State. S. J. 21, 401, 664, 720, 806, 817, 868, 1493. A. J. 1826, 2459, 2471, 2532. A. No. 988 (Int. 889). (Same as S. No. 671.) A. J. 556, 1438, 1561, 1647, 1653. Adopted Nov. 2, 1909. Vote: for, 290,795; against, 207,781. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Limitation of indebtedness of cities debts for water supply excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. JsTo county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valua- tion of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the in- curring of such indebtedness ; and all indebtedness in excess of 208 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the col- lection of taxes for amounts actually contained or to be con- tained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein con- tained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxation. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the term of the bonds issued to provide the supply of water, in excess of the limitation of in- debtedness fixed herein, shall not exceed twenty years, and a sink- ing fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or reve- nue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts in- curred by any city [the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten] to provide for the supply of water, shall not be so included ; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to the city current net revenue, after making II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 209 Article VIII, 10 any necessary allowances for repairs and maintenance for which the city is liable, in excess of the interest on said debt and of the annual installments necessary for its amortization may be ex- cluded in ascertaining the power of said city to become other- wise indebted, provided that a sinking fund for its amortization shall have been established and maintained and that the indebted- ness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization installments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city .therefrom shall meet the interest and amortization installments thereof, provided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be determined, and no such debt shall be excluded except in accordance with the determination so prescribed. The legislature may in its discretion confer appropriate jurisdiction on the ap- pellate division of the supreme court in the first judicial depart- ment for the purpose of determining the amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the prin- cipal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be as- 210 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 certained as prescribed in this section in respect to county or city debt. 1914. S. No. 165 (Int. 165). (Same as A. No. 165.) S. J. 44. A. No. 165 (Int. 165). (Same as S. No. 165.) A. J. 79. 2. Limitation of indebtedness of first class cities debts for water supply excepted 10. ~No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or cor- poration; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city, town or villages purposes. This section shall not prevent such county, city. town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, except such as now may exist, shall l)e absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in antici- pation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be re- deemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxa- tion. Nor shall this section be construed to prevent the issue of II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 211 Article VIII, 10 bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water, in excess of the limitation of indebtedness fixed herein, shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collec- tion of taxes, w r hich are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by [the city of New York] cities of the first class after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten, to provide for the supply of water, shall not be so included ; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to the city current net revenue, after making any necessary allowance for repairs and mainte- nance for which the city is liable, in excess of the interest on said debt and of the annual instalments necessary for its amortization may be excluded in ascertaining the power of said city to become otherwise indebted, provided that a sinking fund for its amortiza- tion shall have been established and maintained and that the indebtedness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization instalments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city therefrom shall meet the interest and amorti- zation installments thereof, provided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The legislature shall prescribe 212 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be determined, and no such debt shall be excluded except in accordance with the determination so prescribed. The legislature may in its discre- tion confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department] for the purpose of determining the amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1913. A. No. 81 (Int. 81). (Same as '8. No. 100.) To S. A. J. 46, 215, 236, 244, 257, 274. S. J. 158. S. No. 100 (Int. 99). (Same as A. No. 81.) S. J. 36. 3. Limitation of indebtedness of third class cities debts for water supply excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 213 Article VIII, 10 estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such in- debtedness; and all indebtedness in excess of such limitations, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city, whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to pre- vent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten, to provide for the supply of water shall not be so included. Whenever the bound- aries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, hereto- fore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be 214 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as pre- scribed in this section in respect to county or city debt. 1908. A. No. 1226 (Int. 1020). (Same as S. No. 641.) To S. A. J. 637, 784, 875, 906, 945, 1004. S. J. 485. S. No. 641 (Int. 549). (Same as A. No. 1226.) S. J. 289. 4. Limitation of indebtedness of counties and cities debts for railroads or docks excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indi- rectly the owner of stock in, or bonds of, any association or cor- poration; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebted- ness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebted- ness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained, in the taxes for the year when such certificates or revenue bonds are is- sued and payable out of such taxes. Nor shall this section be con- strued to prevent the issue of bonds to provide for the supply of II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 215 Article VIII, 10 water or the construction of docks and railroads; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the col- lection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any city debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertain- ing the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, one thousand nine hundred and eight ; to provide for the supply of water, and debts incurred ~by the city of New York after the first day of Jan- uary, one thousand nine hundred and nine, for the purpose of the building of a railroad or railroads at public expense, and bonds heretofore or hereafter issued for the purposes of the dock depart- ment, shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall in- clude within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the as- sessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1908. A. No. 131 (Int. 129). A. J. 55. 5. Limitation of indebtedness of counties and cities debts for docks, subways and elevated roads excepted 10. No coimty, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of 216 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. Xo county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of cer- tificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or rev- enue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water or the construction of docks, subways and elevated railroads; but the term of the bonds issued to provide for the supply of water and the building or acquirement of docks shall not exceed twenty years, and the term of the bonds issued for the construction of subways or elevated railroads shall not exceed fifty years, and a sinking fund shall be created on the issuing of the said bonds for the redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and in- terest of said bonds at their maturity. All certificates of indebted- ness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted ; except that debts II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 217 Article VIII, 10 incurred by the city of N&w York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply of water, and debts incurred by the city of New York after the first day of January, nineteen hun- dred and nine to provide for docks, subways or elevated railroads^ shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city pur- poses, in any county containing a city of over one hundred thou- sand inhabitants, or any such city of this state, in addition to pro- viding for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1908. S. No. 60 (Int. 60). (Same as A. No. 121.) S. J. 25. A. No. 121 (Int. 120). (Same as S. No. 60.) A. J. 52. 6. Limitation of indebtedness of New York city to fifteen per cent of assessed valuation 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or cor- poration ; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as it may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner [to] in amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city 011 the last assessment for state or county taxes prior to the incurring of such indebted- 218 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 ness ; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein other- wise provided. No county or city whose present indebtedness ex- ceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issu- ing of certificates of indebtedness or revenue bonds issued in an- ticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Xor shall this section be construed to prevent the issue of bonds to pro- vide the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of said bonds for their redemption, by raising annually a sum which will provide an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or rev- enue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued [to provide] for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. Whenever hereafter the boundaries of any city [are] shall become the same as those of a county, [or when any city shall include within its boundaries more than one county,] the power of [any] the county [wholly included within such city] to become indebted shall cease, but the debt of the county [heretofore] at that time existing [shall] not to [for the purposes of this section] be [reckoned] included as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained and prescribed in this section in respect to county or city debt. Provided, however, notwithstanding anything hereinbefore contained, the city of New York may incur indebtedness up to, but not exceeding fifteen per II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 219 Article VIII, 10 centum of the assessed valuation of the real estate of said city sub- ject to taxation as it appeared by the assessment rolls of said city on the last assessment for city and county taxes prior to the 'in- curring of such indebtedness. 1905. A. No. 829 (Int. 730). A. J. 450. 7. Limitation of indebtedness of New York city certain bonds excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indi- rectly the owner of stock in, or bonds of, any association or cor- poration ; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city [or], town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county, or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment and rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebted- ness; and all indebtedness in excess of such limitation, except such as [now may] may now exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become in- debted in any further amount until such indebtedness shall be re- duced within such limit. This section shall not be construed to prevent [the] issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained, in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the [terms] term of the bonds issued to provide the supply of water shall not ex- ceed twenty years, and a sinking fund shall be created on the issu- ing of [the] said bonds for their redemption by raising annually a sum which will produce an amount equal to the sum of the prin- cipal and interest of said bonds at their maturity. All certificates 220 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertain- ing the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first [day] of January, nineteen hundred and four, to provide for the supply of water shall not be so included ; and with the further exceptions that all bonds which by their terms provide for the payment of the interest thereon from specified revenues to be reserved for that purpose, and also for the extinguishment of the principal thereof at the end of the life of the bond, shall not be included in ascer- taining the power of the city of New York to become indebted in a further amount. Whenever the boundaries of any city are the same as those [of] to a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the [purposes] purpose of this section be reckoned as part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county, containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the as- sessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1906. S. No. 332 (Int. 7). (Same as A. No. 28.) S. J. 9, 142, 163. A. No. 28 (Int. 28). (Same as S. No. 332.) A. J. 25. 10. No county, city, town or- village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or cor- poration; nor shall any such county, city, town or village be al- lowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or sup- port of its poor as may be authorized by law. No county or city II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 221 Article VIII, 10 shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness ; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein other- wise provided. ISTo county or city whose present indebtedness ex- ceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually con- tained, or to be contained in the taxes for the year when such cer- tificates or revenue bonds are issued and payable out of such taxes[.]; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxa- tion. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will pro- duce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any city debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts in- curred by the city of New York after the first day of January, nineteen hundred and four, to provide for the supply of water, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply 222 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 of water, shall not be so included [.]; and except further that any debt hereafter incurred by the city of New York for a public im- provement owned or to be owned by the city,, which yields to the city current net revenue, after making any necessary allowance for repairs and maintenance for which the city should be liable, in excess of the interest on said debt and of the annual installments necessary for its amortization may be excluded in ascertaining the power of said city\ to become otherwise indebted, provided that a sinking fund for its amortization shall have been established and maintained and that the indebtedness shall not be so excluded dur- ing any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization installments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the cur- rent net revenue received by said city therefrom shall meet the interest and amortization installments thereof, provided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be deter- mined, and no such debt shall be excluded except in accordance with the determination so prescribed. The legislature may in its discretion confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department for the pur- pose of determining the amount of any debt to be so excluded. No indebtedness of a city valid at the time of its inception shall there- after become invalid by reason of the operation of any of the pro- visions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city pur- poses, in any county containing a city of over one hundred thou- sand inhabitants, or any such city of this state, in addition to pro- viding for the principal and interest of existing debt, shall not in II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 223 Article VIII, 10 the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1908. A. No. 2213 (Int. 1043). A. J. 663, 1690, 1831, 1854, 1923, 1979. 8. Limitation of indebtedness of New York city debts for subways excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or in- directly the owner of stock in, or bonds of, any association or cor- poration; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city,, [orj town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. ~No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebted- ness ; and all indebtedness in excess of such limitation, except such as [now] may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebted- ness exceeds ten per centum of the assessed valuation of its real estate subject to taxation shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually con- tained, or to be contained in the taxes for the year when such cer- tificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; nor for the construction of sub- ways; but the term of the bonds issued to provide the supply of water and the construction of subicay.s shall not exceed twenty years and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which 224 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of in- debtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. [; except that debts incurred by the city of New York after the first day of Janu- ary, nineteen hundred and four, to provide for the supply of water shall not be so included.] Whenever hereafter the boundaries of any city [are] shall become the same as those of a county, [or when any city shall include within its boundaries more than one county,] the power of [any] the county [wholly included within such city] to become indebted shall cease, but the debt of the county [heretofore] at that time existing shall not [for the pur- poses of this section,] be [reckoned] included as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the as- sessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1907. A. No. 2159 (Int. 1600). A. J. 1754. 9. Limitation of indebtedness of New York city debts for subways and docks excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city [or], town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county, or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebt- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 225 Article VIII, 10 edness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city .on the last assessment for state or county taxes prior to the in- curring of such indebtedness; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the as- sessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of in- debtedness or revenue bonds issued in anticipation of the collec- tion of taxes for amounts actually contained, or to be contained, in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water ; but the [terms] term of the bonds issued to pro- vide the supply of water shall not exceed twenty years, and a sink- ing fund shall be created on the issuing of [the] said bonds for their redemption by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or rev- enue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted ; except that debts incurred by the city of New York after the first [day] of January, nineteen hundred and four, to provide for the supply of water shall not be so included ; and for the purpose of building and constructing subways in the city of New York, and for the purpose of dock improvement in the city of New York, the bonds for which provide for payment of principal and interest at the expiration of such bonds. Whenever the boundaries of any city are the same as those [of] to a county, or when any city shall include within its bound- aries more than one county, the power of any county wholly in- cluded within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of 226 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 this section, be reckoned as [a] part of the city debt. The amount hereafter to be -raised by tax for county or city purposes, in any county, containing a city of over one hundred thousand in- habitants, or any such city of this state, in addition to pro- viding for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1906. S. No. 197 (Int. 197). S. J. 67. 10. Limitation of indebtedness of New York city debts for railroads and docks excepted 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city [or], town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any pur- pose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valua- tion of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incur- ring of such indebtedness ; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valua- tion of its real estate subject to taxation, shall be allowed to be- come indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained, in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be con- II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 227 Article VIII, 10 strued to prevent the issue of bonds to provide for the supply of water; but the [terms] term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemp- tion, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter in- curred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by the city of Xew York after the first day of January, nineteen hun- dred and four, to provide for the supply of water, and for the purpose of the building of a railroad or railroads at public ex- pense, and bonds heretofore or hereafter issued for the purposes of the dock department, shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as pre- scribed in this section in respect to county or city debt. 1906. S. No. 498 (Int. 96). (Same as A. No. 203.) To A. S. J. 34, 261, 381, 397, 417. A. J. 890, 1834, 1934, 2108, 2208, 2394. A. No. 203 (Int. 203). (Same as S. No. 498.) A. J. 75. 1907. A. No. 1308 (Int. 1103). A. J. 680. 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or 228 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city or town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebted- ness; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. ~No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually con- tained, or to be contained, in the taxes for the year when such certificates or revenue bonds are issued and payable out of sucli taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All cer- tificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise in- debted ; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply of water, shall not be so included; and except further that no debt II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 229 Article VIII, 10 heretofore or hereafter incurred by the said city of New York for the acquisition or construction of railroad or dock property to be owned by said city, shall be so included after it shall have been ascertained and determined as hereinafter provided that the said city is receiving annually from such property an income in excess of the interest payable by said city upon the total debt incurred for the acquisition of said property; provided that for the pay- ment of any debt hereafter so incurred for the acquisition or construction of such property a sinking fund shall be created by providing annually from the income of the property acquired, and by taxation if necessary, a sum sufficient to meet the interest as it accrues, and also to produce at maturity of the obligation an amount equal to the principal debt. The appellate division of the supreme court in the first department shall, from time to time, upon the application of the board of estimate and apportion- ment or other chief financial board of said city, ascertain and by order determine what particular debt or debts, if any, so incurred for the acquisition or construction of such property shall not be so included, provided that such ascertainment and determination shall be upon notice to the governor and the attorney general of the state and to the mayor of said city, and upon other reasonable public notice to be prescribed by the court, and that the attorney general, either upon his own motion or upon the direction of the governor, and the mayor of the said city, and any resident of the said city who shall be the owner of real estate therein, duly assessed for taxation, shall be entitled to appear and to be heard in the proceeding for such ascertainment and determination. Any increase in the debt-incurring power of the city of New York which shall result from any such order for the exclusion of any debt heretofore or hereafter incurred, shall be available only for the acquirement or construction of property of the same kind as that for which the debt so excluded was incurred. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any cqunty wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this 230 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1908. S. No. 210 (Int. 202). (Same as A. No. 430.) S. J. 64. A. No. 430 (Int. 417). (Same as S. No. 210.) 11. Limitation of indebtedness of New York city debts for railroads, docks or other improvements excepted if income sufficient to pay interest 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assess- ment for state or county taxes prior to the incurring of such in- debtedness; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 231 Article VIII, 10 issuing of the said bonds for their redemption, by raising an- nually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity All certificates of indebtedness or revenue bonds issued in antici- pation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any city debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by the city of !N"ew York after the first day of January, nineteen hundred and four, [to provide for the supply of water,] and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, to provide for the supply of water, shall not be so included;[.]; and except further that debts hereto- fore or hereafter incurred by the said city for the acquisition of property or for the construction of railroads, docks or other im- provements which shall be owned by the said city, shall not be so included if it shall appear by the ascertainment and determina- tion hereinafter provided that the said city is receiving current net income from such property or improvement in excess of the interest payable by the said city upon the total debt incurred for the acquisition of such property or the making of such im- provement. The appellate division of the supreme court in the first department shall, from time to time, upon the application of the board of estimate and apportionment or other chief financial board of the said city, ascertain and by order determine the ex- isting debt or debts incurred by it for such acquisition of property or the making of such improvement and which shall not be so included, provided that such ascertainment and determination shall be upon the notice to the governor and attorney-general of the state and to the mayor of the said city and upon other reasonable public notice to be prescribed by the court, and that the attorney- general, either upon his own motion or upon the direction of the governor, and the mayor of the said city, and any resident of the said city who shall be the owner of real estate therein, duly as- sessed for taxation, shall be entitled to appear and to be heard in the proceeding for such ascertainment and determination, and provided further that any such ascertainment and determina^ iion, shall be valid and effectual only for such period as shall 232 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article VIII, 10 be prescribed therein not exceeding five years from and after the making thereof, but shall not prevent the making of any new ascertainment and determination whether during or after such period. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. 1908. A. No. 772 (Int. 674). A. J. 293. 12. Restricting legislation as to cities municipal control of public utilities (For proposed amendment to this and other sections restricting the power of the legislature over cities and providing for municipal control of public utilities, see p. 337.) 12. The members of the said board and of the said commis- sions shall be appointed by the Governor, by and with the advice and consent of the Senate ; and any member may be removed from office by the Governor for cause, an opportunity having been given him to be heard in his defense. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of members of the legislature, governor and lieutenant-governor, and providing for the short ballot, see p. 319.) 13. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 233 Article X, 1 Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for, shall not be exclusive of other visitation and inspection now authorized by law. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the recall of elective officers, see p. 293.) ARTICLE IX 3. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of common schools; the revenue of the said literature fund shall be applied to the support of academies ; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) ARTICLE X 1. Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the elec- tors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time ; and in default of giving such new security, their offices shall be deemed 234 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article X, 1 vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected ; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Terms of office of sheriffs, county clerks, district attorneys and registers 1. [Sheriffs, clerks of counties, district attorneys, and regis- ters in counties having registers, shall be chosen by the elec- tors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such [officers] officer shall be chosen by the electors] All sheriffs, clerk of counties, district attorneys and registers in counties having registers, now in office shall hold their offices until the expiration of their respective terms. If the terms of office of any of such officers shall expire on the last day of December of an odd numbered year their immediate successors shall be chosen by the electors of their respective counties for three years. All other sheriffs, clerks of counties, district at- torneys and registers in counties having registers, shall be chosen by the electors of their respective counties once in every two or four years as the legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be required by law to re- new their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. 1898. A. No. 895 (Int. 779). A. J. 491. 2. Governor to appoint sheriffs justices of appellate division to appoint county clerks and registers 1. [Sheriffs, clerks of counties,] [d]Z)istrict attorneys [and registers in counties having registers,] shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 235 Article X, 2 !N"ew York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the legislature shalL direct. Sheriffs shall be appointed for each of the respective counties by the governor, by and with the advice and consent of the senate, and hold their office until the end of the term of the governor by whom they were nominated, and until their successors are appointed and qualified. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. Clerks of counties and registers in counties having registers shall be appointed by the justices of that department of the appellate division having juris- diction over those counties, and such officers must be residents of the county in which they are appointed to serve. The governor may remove any officer, in this section mentioned, within the term for which he shall have been '[elected;] appointed; giving to such officer a copy of the charges against him, and an oppor- tunity of being heard in his defense. 1910. A. No. 872. (Int. 766). A. J. 428. 3. Appointment or election of city officers and county officers in city of New York term removal - (For proposed amendment to this and other sections regarding the appointment or election of city officers and county officers in New York city, their term of office and manner of removal, see p. 335.) 2. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of super- visors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legis- lature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. PART II 9 236 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article X, 2 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Civil service appointment of person highest on list 2. [All county officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of super- visors, or other county authorities, as the legislature shall direct.] All city, town and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some divisions thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose. All other officers, whose elec- tion or appointment is not provided for by this constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.] All such appointments to all positions in the competitive class, as provided for in the civil service laws of the state, shall ~be made by appointing the one graded highest in open competitive examinations conducted in accordance with such laws, provided that no preference in appointment heretofore granted under the provisions of article five, section nine, shall be denied or abridged by the provisions of this section. Of those entitled to preference in appointment, as provided by article five, section nine, the one graded highest in open competitive examinations shall be ap- pointed. 1908. A. No. 1384 (Int. 213). A. J. 75, 232, 806. 2. Appointment or election of city officers and county officers in city of New York term removal (For proposed amendment to this and other sections regarding the ap- pointment or election of city officers, and county officers in New York City, their term of office and manner of removal, see p. 335.) 3. When the duration of any office is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority mak- ing the appointment. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of elective officers, see p. 293.) II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 237 Article X, 6 4. The time of electing all officers named in this article shall be prescribed by law. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appointment or election of city officers and county officers in city of New York term removal (For proposed amendment to this and other sections regarding the ap- pointment or election of city officers, and county officers in the city of New York, their term of office and manner of removal, see p. 335.) 6. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, as- semble on the first Wednesday in January. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature 6. The political year and legislative term shall begin on the first day of January in each even numbered year] and the legis- lature shall [every year] assemble on the first Wednesday in Jan- uary in each even numbered year. 1908. A. No. 1274 (Int. 1048). A. J. 664. 6. The political year and legislative term shall begin on the first day of January; and the legislature shall [every year] as- semble on the first Wednesday in January in each even numbered year. 1910. A. No. 2013 (Int. 1477). A. J. 1528, 3263, 3272, 3329, 3396. 6. (Proposal to add the following:) and in each even num- bered year, the legislative session shall not exceed the term of forty legislative days. 1910. A. No. 2503 (Int. 179). To S. A. J. 66, 1185, 2424, 2434, 3263, 3273, 3330, 3397, 3530, 3673. S. J. 1920. 2. Biennial sessions of legislature United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 3. Biennial sessions of legislature terms and apportionment of legislators (For proposed amendment to this and other sections providing for biennial sessions of the legislature and the apportionment of the members of the legislature, see p. 310.) 238 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article X, 6 4. Biennial sessions of legislature terms and salaries of legislators appropriations apportionment (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the terms and salaries of members of the legislature and regulating the making of appropriations, see p. 311.) 7. Provision shall be made by law for the removal for mis- conduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Removal of officers for misconduct or malversation in office 7. Provision shall be made by law for the removal for mis- conduct or malversation in office of all officers, [except judicial whose power and duties are not local or legislative and who shall be elected at general elections,] whether elected or appointed and whether judicial, legislative or executive, whose compensation is paid by the state or by any political division thereof; and also for supplying vacancies created by such removal. 1912. A. No. 1617 (Int. 1374). A. J. 933. 8. The Legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that pur- pose in this Constitution. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of elective officers, see p. 293.) 9. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other state officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not fce increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. II] AMENDMENTS ADOPTED AND PuorosED, 1895-1914 239 Article X, 10 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendments to this and other sections providing for" the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 3. Eecall of elective officers 10. (Proposal to add the following new section:) Every elective officer in the state of New York is subject, as herein pro- vided, to recall from office ~by the legal voters of the state or of the electoral district from ivhich he is elected. There shall be required fifty per centum, but not more, of the number of electors who voted in his district at the preceding election for governor to file their petition for the recall of an elective officer. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is filed, and the vacancy shall be filled as may be provided by law~ If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within thirty days in his said electoral district to determine whether the people will re- call said officer. He shall continue to perform the duties of his office until the result of said special election shall be officially de- clared. Other candidates for the office may be nominated in the manner provided by law to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom a certificate for nomination to such office should be filed, and the same officer or board shall order the special election when it is required. No such petition shall be filed agaimt any officer until he has actually held office six months, except that it may be filed against a senator or member of the assembly at any time after thirty days from the beginning of the first session after his election. After one special election, no further recall petition shall be filed against the same officer during the term for which lie was elected unless such fur- ther petitioners shall pay into the public treasury which has paid such special election expenses the ivhole amount of the expenses 240 ]STE\v YORK STATE CONSTITUTION ANNOTATED [Part Article X, 10 for the preceding special election. The signatures to such petition need not be appended to one paper, but each signer shall add to his signature, which shall be in his own handwriting, his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to ad- minister oaths that each signature to the paper appended is the genuine signature of the person whose name purports to be there- unto subscribed. 8uch additional legislation as may aid the opera- tion of this section shall be enacted by the legislature, including provision for payment out of the public treasury of the lawful special election campaign expenses of any such officer against whom a recall petition shall be filed. 1911. S. No. 242 (Int. 237). (Same as A. No. 344.) S. J. 94. A. No. 344 (Int. 343). (Same as S. No. 242.) , A. J. 161. 10. Every elective officer in the state of New York is subject, as herein provided, to recall from office by the legal voters of the state or of the electoral district from which he is elected. There shall be required twenty-five per centum, but not more, of the number of electors who voted in his district at the preceding elec- tion for governor to file their petition for the recall of an elective officer. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is filed, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within thirty days in his said electoral district to determine whether the people will recall said officer, fie shall continue to perform the duties of his office until the result of said special elec- tion shall be officially declared. Other candidates for the office may be nominated in the manner provided by law to be voted for at said special election. The candidate who shall receive the high- est number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with wliom a certificate for nomination to such office should be filed, and the same officer or board shall order the special election when it is required. No such petition shall be filed against any officer until he has actually held office six months, except that it may be filed against a senator or member of the assembly at any II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 241 Article XI, 4. time after thirty days from the beginning of the first session after his election. After one special election, no further recall petition shall be filed against the same officer during the term for which he was elected unless such further petitioners shall pay into the public treasury which has paid such special election expenses the whole amount of the expenses for the preceding special election. The signatures to such petition need not be appended to one paper, but each signer shall add to his signature,, which shall be in his own handwriting, his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Such additional legislation as may aid the operation of this section shall be enacted by the legislature, including provision for payment out of the public treasury of the lawful special election campaign expenses of any such officer against whom a recall petition shall be filed. 1912. S. No. 13 (Int. 13). (Same as A. No. 331.) S. J. 9, 356. A. No. 331 (Int. 329). (Same as S. No. 13.) A. J. 92. 1914. S. No. 304 (Int. 298). S. J. 80. (For other proposals providing for the recall, see proposed amendment providing for the initiative, the referendum and the recall of elective officers, p. 293.) ARTICLE XI 4. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected ; he shall also nominate, and with the consent of the Senate appoint, all major-generals. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor and providing for the short ballot, see p. 319.) 242 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article XI, 6 6. The commissioned officers shall be commissioned by the Governor as commander-in-chief. No commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless by the Senate on the recom- mendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendment to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenant- governor, and providing for the short ballot, see p. 319.) ARTICLE XII 1. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contract- ing debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corpora- tions. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contract- ing debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corpora- tions[.] ; and the legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons employed by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor performing work, II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 243 Article XII, 1 labor or services for the state, or for any county, city, town, vil- lage or other civil division thereof. 1902. S. No. 984 (Int. 746). (Same as A. No. 1635.) To Sec. of State. S. J. 801, 1230, 1283, 1417, 1616. A. J. 2343, 2516, 3126. A. No. 1635 (Int. 1207). (Same as S. No. 984.) A. J. 1547, 2013, 2054, 2955. S. J. 1253, 1473. 1903. S. No. 1052 (Int. 18). To A. Amended, A. No. 2112, and sub- stituted for A. No. 2054. To Sec. of State. S. J. 20, 572, 838, 975, 1003, 1509, 1566. A. J. 2141, 2783, 2785, 2994. A. No. 2054 (Int. 574). (S. No. 1052 as amended, A. No. 2112, sub- stituted.) A. J. 296, 691, 2242, 2772, 2785. Adopted Nov. 7, 1905. Vote: for, 338,570; against, 133,606. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Municipal home rule 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assess- ments and in contracting debt by such municipal corporations [.], by the passage of general laws only, applicable alike to all cities or to all incorporated villages.^ and the legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons em- ployed by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof.] And the legis- lature shall not pass any special or local bill affecting the local or municipal government of a city or incorporated village. Nor shall the legislature provide for the filling of any municipal of/ice now existing or hereafter to be created, otherwise than by popular election or by appointment by the mayor, or other elected municipal o~fficer; except that clerks and subordinates of depart- ments may be appointed by the heads of such departments. The people of every city and incorporated village shall have the power to organize their own local and municipal government and to ad- minister the same for local and municipal purposes, subject only to such general laws as the legislature may enact. No city or incorporated village shall increase its permanent debt, or under- 244 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XII, 1 take new public works, or direct public funds into new channels of expenditure, or issue its bonds other than revenue bonds, until the act or resolution authorizing the same shall have been pub- lished for at least one month, and thereafter submitted to the people of the city, at a general election, and have received a majority of all the votes cast for and against it, at such election. 1906. S. No. 331 (Int. 6). (Same as A. No. 29.) S. J. 8, 142. A. No. 29 (Int. 29). (Same as S. No. 331.) A. J. 25. 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations, by the passage of general laws only, applicable alike to all cities or to all incor- porated villages. And the legislature shall not pass any special or local bill affecting the local or municipal government of a city or incorporated village. Nor shall the legislature provide for the filling of any municipal office now existing or hereafter to be created , otherwise than by popular election within such munici- pality, or by appointment by. a duly elected officer of such munici- pality. The people of every city and incorporated village shall have the power to organize their own local and municipal govern- ment and to administer the same for local and municipal purposes, subject only to such general laws as the legislature may enact. No city or incorporated village shall increase its permanent debt; or undertake new public works; or direct public funds into new channels of expenditures; or issue its bonds, other than revenue bonds, or bonds for public improvements the cost of which is to be met by assessment upon private property, or bonds issued for purposes from which the city or incorporated village is to derive a revenue other than by taxation to be applied to the redemption of such bonds; until the act or resolution authorizing the same shall have been published, for at least one month, in at least two newspapers circulating within the municipality, and thereafter sub- mitted to the people of the municipality, at a general election, and have received a majority of all the votes cast for and against it, at such election.^ and the legislature may regulate and fix the wages or salaries, the hours of work or labor, and make pro- vision for the protection, welfare and safety of persons employed II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 245 Article XII, 1 by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor per- forming work, labor or services for the state, or for any county, city, town, village or other civil division thereof.] 1908. S. No. 423 (Int. 379). S. J. 173. 1. (Proposal to add the following:) The legislature may pro- vide by general laws applicable to all cities of a class for the hold- ing in each of such cities at intervals to be fixed by law of charter conventions, composed of delegates to be elected by the voters of such city, for the purpose of revising the charter thereof. The legislature may also provide that such charter shall not take effect until it shall have been submitted to the voters of such city and approved in the manner provided by law. The legislature may also provide for the manner in which the charter of such city may be amended and for the submission of proposed amendments to the voters upon the initiation of the common council or other govern- ing body, or upon petition of a percentage or number of the voters of such city, and for the manner in which such proposed amend- ments shall be adopted. 1912. S. No. 363 (Int. 347). (Same as A. No. 489.) S. J. 92. A. No. 489 (Int. 477). (Same as S. No. 363.) A. J. 137. 1. It shall be the duty of the legislature [to provide for the organization of cities and incorporated villages, and] to restrict the towns, cities, villages and counties in their power of taxa- tion, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in con- tracting debt by such municipal corporations. All the affairs of the municipalities shall be controlled and regulated by the munici- palities themselves; the powers and functions of the municipal- ities shall be and continue unrestricted excepting by the explicit provisions of this constitution and of the municipalities them- selves. Every town, city and village may frame a charter for its own government consistent with and subject to the constitution, by causing a charter convention to be called for this purpose. The delegates to such convention shall be elected from the alder- manic district. In cities of not more than twenty-five thousand population and in the villages all the delegates may be elected on 246 XEW YORK STATE CONSTITUTION ANNOTATED [Part Article XII, 1 one general ticket, provided that in no instance shall the number of delegates be less than fifteen. The delegates shall be elected according to the principle of proportional representation. The charter may invest the municipality with any power or function, excepting such as are explicitly and by name forbidden to the municipalities by, the constitution. Such charter may provide for the initiative, referendum and recall and for woman suffrage in all municipal elections. The charter adopted by the conven- tion shall be certified in duplicate by the signatures of the chair- man and secretary of the convention, and returned one copy to the chief executive officer of the town, city or village and tlie other to the recorder of deeds of the county. Such proposed charter shall be published within thirty days after its adoption by the convention, in two newspapers of general circulation in such town, city or village excepting that in towns, citivs or villages of not more than twenty-five thousand population, it shall be published in one newspaper and, at the expiration of thirty days, submitted to a vote of the electors of the town, city or village at a general or special election; and if the majority of those voting on said charter shall ratify the same, it shall become the charter of such town, city or village, and the organic law thereof, and supersede any existing charter and all amendments thereof and all laws in- consistent with said charter. A copy of such charter certified by the chief executive officer and authenticated by the seal of such town, city or village, setting forth the submission of such charter to the electors, and its ratification by them shall be made in dupli- cate and deposited one in the office of the secretary of state and the ether, after being recorded in the office of the recorder of deeds for the county in which the town, city or village is located, shall l)e deposited in the archives of the municipality; and the courts shall take judicial note of the provisions of said charter and it shall remain in full force and effect until amended or repealed. The charter may be amended, at intervals of not less than one year, by, a proposal therefor made by a petition presented to the chief magistrate or clerk of the town, city or village bearing sig- natures of electors of said town, city or village equal in number to ten per centum of the total vote for governor cast in said town, city or village at the preceding general election, demanding the submission to the voters of the town, city or village of an amend- ment to the charter. Said proposed amendment shall be pub- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 247 Article XII, 2 lished and submitted to a vote in the same manner provided for the charter. A referendum for the repeal of the charter may be initiated and submitted in a like manner as amendments., afTvriP tervals of not less than two years. In submitting any such char- ter or amendment thereto or repeal thereof; any alternative article or proposition may be presented for the choice of the voters and may be voted on separately without prejudice to others, [and] The legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provisions for the protection, welfare and safety of persons employed by the state or by any county, city, town, village or other civil division [of the state] or by any contractor or subcontractor performing work, labor or serv- ices for the state, or for any county, city, town, village or other civil division thereof. 1912. A. No. 648 (Int. 143). A. J. 57, 207. 1913. A. No. 1912 (Int. 1693). A. J. 1046. (For other proposed amendments to this and other sections providing for municipal home rule, see p. 338.) 2. All cities are classified according to the latest State enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand, or more ; the second class, all cities having a popu- lation of fifty thousand and less than two hundred and fifty thou- sand ; the third class, all other cities. Laws relating to the prop- erty, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other 248 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article XII, 2 city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the Legislature may provide for the concurrence of the legislative body in cities of the first class. The Legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in, every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the* mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the Governor. When- ever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may never- theless again be passed by both branches of the Legislature, and it shall then be subject as are other bills, to the action of the Governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities," as the case may be ; in every such law which is passed without such accept- ance, by the words ' ' passed without the acceptance of the city, ' ' or ' ' cities ", as the case may be. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand [two hundred and! fifty thousand] or more; the second class, all cities having a population of fiftyi thousand and less than one hundred and seventy-five thousand; [two hundred and fifty thousand;] the third class, all other cities. Laws relating to the property, affairs [or] of government of cities, and the several departments thereof, are divided into gen- eral and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 249 Article XII, 2 transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legis- lature at which such bill was passed has terminated, to the gov- ernor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legis- lative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it re- lates, the title shall be followed by the words " accepted by the city, " or ' ' cities, ' ' as the case may be ; in every such law which is passed without such acceptance, by the words " passed with- out the acceptance of the city," or " cities," as the case may be. 1906. S. No. 1090 (Int. 848). To Sec. of State. S. J. 889, 1093, 1142, 1187, 1931. A. J. 2417, 3028, 3095. 1907. A. No. 434 (Int. 425). (Same as S. No. 265.) To Sec. of State. A. J. 124, 254, 287, 300, 324, 367, 824. S. J. 240, 278, 364, 368. S. No. 265 (Int. 253). (Same as A. No. 434.) S. J. 101. Adopted Nov. 5, 1907. Vote: for, 309,159; against, 123,919. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Action of mayor and governor on special city bills 2. All cities are classified according to the latest state enumera- tion, as from time to time made, as follows: The first class in- cludes all cities having a population of two hundred and fiftv 250 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XII, 2 thousand, or more ; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Law relating to property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city; or to less than all the cities of a class. Special city laws shall not be passed ex- cept in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within [fifteen] ten days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor with the mayor's certificate thereon, stating whether the city has or has not accepted the same[.], and the governor shall have the same power over any bill so returned as over other bills, either to approve or disapprove the same, within thirty days after the return of said bill by the mayor of any city. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided by every such city. Whenever any such bill is accepted as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be sub- ject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities," as the case may be ; in every such law II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 251 which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities/' as the case may be. 1895. A. No. 2612 (Int. 1702). To S. A. J. 3195, 3305, 3618, 3692. S. J. 1813. 2. Special city bill not to become law without approval of mayor 2. (Proposed to add the following:) No such bill shall become a law without the approval of the mayor of each city the property,, affairs or government of which is affected thereby, or by a two-thirds vote of each branch of the legislature. 1904. S. No. 311 (Int. 288). (Same as A. No. 453.) S. J. 114. A. No. 453 (Int. 415). (Same as S. No. 311.) A. J. 196. 3. Classification of cities 2. All cities are classified according to the latest state enu- meration, as from time to time made, as follows : The first class includes aH cities having a population of one hundred and eighty [two hundred and fifty] thousand, or more; the second class, all cities having a population of fifty thousand and less than one hundred and eighty [two hundred and fifty] thousand ; the third class, all other cities. Laws relating to the property, affairs j[or] of government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor, and the legislative body thereof concurrently, shall act for such city as to such bill ; but the legislature may provide for the concurrence of the legisative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing 252 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article XII, 2 concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein pro- vided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it re- lates, the title shall be followed by the words accepted by the city, or cities, as the case may be; in every such law which is passed without such acceptance, by the words passed without the acceptance of the city, or cities, as the case may be. 1906. A. No. 2009 (Int. 1466). A. J. 1825. 4. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.) 5. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the recall, see p. 293.) 6. Municipal home rule (For proposed amendment to this and other sections providing for munici- pal home rule, see p. 338.) 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall ex- pire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thou- sand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would other- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 253 Article XIII, 5 wise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appointment or election of city officers and county officers in New York city term removal (For proposed amendment to this and other sections regarding the appoint- ment or election of city officers and county officers in New York City, their term of office and manner of removal, see p. 335.) 2. Municipal home rule (For proposed amendment to this and other sections providing for munici- pal home rule, see p. 338.) 3. Referendum on street railway franchises 4. (Proposal to add the following new section:) All fran- chises, grants or acts for the construction, operation or extension of street railways, either surface, subway or elevated, in any city of the first class, shall ~be submitted to the people of such city at a regular election, or at a special election called for the purpose, and no such franchise, grant or act shall be given or made, or shall be of any effect, unless a majority of the voters of such city voting thereon at such election, shall approve the same. 1912. A. No. 1943 (Int. 1574). A. J. 1347. 1913. A. No. 457 (Int. 452). A. J. 128. 4. Restricting legislation as to cities municipal control of public utilities (For proposed amendment restricting legislation as to cities and regulat- ing municipal control of public utilities, see p. 337.) ARTICLE XIII 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another, 254 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIII, 5 A person who violates any provision of this section, shall be deemed guilty of a misdemeanor, and shall forfeit his office at the suit of the Attorney-General. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or per- son elected or appointed to a public office, any such free pass, free transportation, franking privilege or discrimination, shall also be deemed guilty of a misdemeanor and liable to punishment except as herein provided. No person, or officer or agent of a corpora- tion giving any such free pass, free transportation, franking privi- lege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor if he shall testify to the giving of the same. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Repeal (Proposal to abrogate this section.) 1896. A. No. 683 (Int. 632). A. J. 341. ARTICLE XIV 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months pre- vious to the time of making such choice ; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amend- ments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to sub- mit each proposed amendment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe ; and if the people shall approve and ratify such amend- ment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Con- stitution from and after the first day of January next after such approval. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914: 255 Article XIV, 1 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Approval of proposed amendments by governor 2.* Any amendment or amendments to this constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, and approved by the governor, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be pub- lished for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a ma- jority of all the members elected to each house, and approved by the governor, then it shall be the duty of the legislature to submit [each] such proposed amendment or amendments to the people for approval in such manner and at such '[times] time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the elec- tors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. 1907. A. No. 2627 (Int. 1836). A. J. 2684. 2. Vote of people necessary to ratify amendment proposed by legislature time of submission 1. Any amendment or amendments to this Constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legis- lature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit [each] such proposed amendment or amendments to the people for approval in such manner and at such [times] * So in original. Compared with Art. XIV, $ 1. 256 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIV, 1 general election as the legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments by the affirmative vote of electors equal in number to a majority of the electors of the state voting for members of assembly at the election at which such proposed amendment is submitted, [voting thereon,] such amendment or amendments shall become a part of the Constitution from and after the first day of January next, after such approval. 1906. S. No. 997 (Int. 785). 8. J. 748. 1907. A. No. 768 (Int. 164). To S. A. J. 51, 144, 255, 290, 323, 387, 427. S. J. 272. 1908. A. No. 555 (Int. 517). To S. A. J. 185, 325, 387, 421, 442, 463, 486, 532. S. J. 270. 1. Any amendment or amendments to this constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months pre- vious to the time of making such choice ; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amend- ments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people for ap- proval in such manner and at such '[times] general election as the legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments in one of the -following methods: First, by the affirmative vote of electors equal in num- ber to a majority of the electors of the state voting for members of assembly at the election at which such proposed amendment is submitted, [voting thereon] or second, provided two-thirds of all the electors voting at such election shall vote thereon, by the affirmative votes of a majority of the electors voting thereon; such amendment or amendments shall become a part of the con- stitution from and after the first day of January next, after such approval. 1906. A. No. 1600 (Int. 585). To S. A. J. 275, 335, 478, 521, 555, 570, 613, 739, 767, 786, 827, 921, 1002, 1132, 1191, 1417, 1488, 1592. S. J. 822. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 257 Article XIV, 1 3. Two-thirds vote of legislature on proposed amendments 1. Any amendment or amendments to this constitution may be proposed in the Senate and Assembly ; and if the same shall-be agreed to by [a majority] two-thirds of all of the members elected to each [of the two houses] house, such proposed amend- ment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice ; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by [a majority] two-thirds of all the members elected to each house, then it shall be the duty of the legislature to submit each pro- posed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. 1910. A. No. 1015 (Int. 867). A. J. 560. 4. Two-thirds vote of legislature on proposed amendments time of sub- mission to people vote necessary to ratify amendment 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly ; and if the same shall be agreed to by [a majority]: two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and . shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amend- ment or amendments shall be agreed to by [a majority] two- thirds of all the members elected to each house, then it shall be the duty of the Legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe; and if such amend- ment or amendments shall be submitted to the people at a general election at which members of assembly are elected and [if] the 258 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIV, 1 people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon and tlie vote in favor thereof shall equal one-third of the total vote for members of assembly at such election., or if submitted at any other election., if the people shall approve and ratify such amendment or amend- ments by a majority vote of the electors voting thereon, and the vote in favor thereof shall equal one-third of the total vote for members of assembly at the last preceding general election at which members of assembly were elected, such amendment or amendments shall in either case become a part of the Constitution from and after the first day of January next after such approval. 1910. A. No. 745 (Int. 184). To S. A. J. 66, 93, 250, 300, 344, 351, 414, 499, 500. S. J. 246. 5. Submission of amendments on petition of voters 1. (Proposal to add the following:) provided, that if at any time, any specific amendment or amendments to this constitution be proposed upon a petition to the legislature of one hundred thou- sand legal voters of the state, it shall be the duty of the legislature to submit such proposed amendment or amendments to the people at a special election to be held for the purpose, or at the next gen- eral state election; and if any such proposed amendment or amend- ments shall be approved and ratified by a majority of the voters voting thereon, it shall become a part of the constitution of this state. 1912. A. No. 1715 (Int. 1437). A. J. 986. 6. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and referendum, see p. 271.) 7. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the rcall of elective officers, see p. 293.) 8. Single legislative body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, ' ' Shall there be a convention to revise the Constitu- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 259 Article XIV, 2 tion and amend the same? " shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates at large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A ma- jority of the convention shall constitute a quorum for the trans- action of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its docu- ments, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualification of its mem- bers. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed con- stitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitu- tion or constitutional amendment, shall go into effect on the first day of January next after such approval. 260 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XIV, 2 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Vote necessary to ratify constitution or constitutional amendments sub- mitted by constitutional convention 2. At the general election to be held in the year one thousand ftine hundred and sixteen, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question, " Shall there be a convention to revise the constitution and amend the same?" shall be decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election at which members of the assembly shall be chosen, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The dele- gates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been com- pleted. Every delegate shall receive for his services the same com- pensation and the same mileage as shall then be annually payable to the members of the assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a ma- jority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and quali- fications of its members. In case of a vacancy, by death, resigna- tion or other cause, of any district delegate elected to the conven- tion, such vacancy shall be filled by a vote of the remaining dele- gates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner pro- vided by such convention, at an election which shall be held not II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 261 Article XIV, 2 less than six weeks after the adjournment of such convention[.] ; and if the people shall approve and ratify [Upon the approval of] such constitution or constitutional amendments by a majority of the electors voting thereon, [in the manner provided in the last preceding section,] such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. 1906. A. No. 1600 (Int. 585). To S. A. J. 275, 335, 478, 521, 555, 570, 613, 739, 767, 786, 827, 921, 1002, 1132, 1191, 1417, 1488, 1592. S. J. 822. 1907. A. No. 768 (Int. 164). To S. A. J. 51, 144, 255, 290, 323, 387, 427. S. J. 272. 1908. A. No. 555 (Int. 517). To S. A. J. 185, 325, 387, 421, 442, 463, 486, 532. S. J. 270. 2. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the recall of elective officers, see p. 293.) 3. Single legislative body (For proposed amendment to this and other sections providing for a single legislative body, see p. 316.) PROPOSALS TO ADD NEW ARTICLE XVI 1. Initiative and referendum 1. (The two following proposals to add a new Article XVI were not submitted to the people.) The right to approve or to re- ject proposed amendments to the constitution, and proposed laws applying to the State as a whole, shall rest with a majority of the electors of the State. The right to approve or reject proposed laws applying only to any political subdivision of the State (such as county, city, town or village) shall rest with a majority of the qualified electors of such political subdivision. The method of such approval or rejection shall be that known as the referendum. 2. The right to propose amendments to this constitution, and laws applying to the State as a whole, shall (in addition to being exercised by members of the senate and assembly) rest with the electors of the State; and the right to propose laws affecting only a political subdivision of the State, such as are enumerated in section one of this article, shall (in addition to being exercised by members of the local legislature) rest with the electors of such subdivision. The method to be employed in so proposing meas- ures shall be that known as the initiative. 3. The right to demand a submission of any measure to the direct vote of the electors, shall, in the case of amendments to this constitution, and of laws applying to the State as a whole, rest with such proportion of the electors thereof, not to exceed ten per centum, as may be determined by law; and in case of laws applying only to a political subdivision of the State, with such proportion of the electors of such subdivision, not to exceed ten per centum, as may be determined by a law of such subdivision. In determining the percentage of electors required to make any demand for submission legal, the same shall be computed upon the number of electors casting ballots at the last regular election im- mediately preceding the filing of such demand. 4. All demands for such submissions to direct vote of the electors shall be written or printed., shall, when demanding sub- mission of bills already enacted by a legislative body, refer the same by title, chapter and number, if the bill have such designa- tions, and shall in all other cases contain the full text of the pro- posed law. Such demands shall be signed by the electors making the same, and shall state adjacent to each signature the place where [262] II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 263 Article XVI, 6 such person resides, and at least ten of the persons signing the same in each county where signatures are obtained, shall make oath before a competent officer that they are themselves duly qualified electors residing at the places stated adjacent to their respective signatures, and believe that all the other persons sign- ing such demand and residing in the same county with themselves are also duly qualified electors residing as stated therein. Such demands shall, in case of laws applying to the State as a whole, be filed with the secretary of state, and in case of laws applying only to a political subdivision of the State, with such officer of such subdivision as the law thereof may direct. 5. All measures demand for the submission of which has been duly filed with the proper officer shall be by him properly published in full according to law, and he shall cause the same to be submitted to a direct vote of the electors qualified to vote thereon, at the fi,rst regular election held after the expiration of thirty days from the filing of such demand; and the secretary of state, or other proper officer qualified to receive the same, with whom any such demand for the submission of any measure, filed under any of the various sections of this article, shall have been in due form filed, who shall neglect or refuse to comply with such demand, and who shall fail to submit properly the measure therein named to a vote of the electors qualified to vote thereon at the first election at which the same may be legally submitted shall be deemed to be guilty of misfeasance in office, and shall be liable to impeachment, and to be indicted and punished as may be by law directed; provided, that nothing in this section contained shall be held to require the submission of any measure proposed by the electors through the initiative, which shall have been enacted without change or amendment therein by any com- petent legislative body, and which shall have duly become law at least thirty days prior to the first regular election at which the same might legally be submitted to direct vote of the electors. 6. When a demand, through the initiative, for the submis- sion of a proposed measure is duly filed with the officer qualified to receive the same, he shall, if the legislative body competent to enact such proposed measure into law be in session, or if it shall be regularly convened before such proposed measure can be legally submitted to a direct vote of the electors, forthwith present such proposed measure to such legislative body, by filing 264 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Article XVI, 7 with the clerk thereof, or with the clerk of each house thereof if such legislative body consist of more than one house, a duly certified copy of the proposed measure and the demand for the submission of the same on file in his office, together with a state- ment of the number of signatures appended thereto, and there- upon such proposed measure shall take precedence in such legis- lative body over all bills introduced by members; and if such measure be not passed by such legislative body, and duly made law, at least thirty days prior to the holding of the first election at which such measure can legally be submitted to a vote of the electors, the officer with whom such demand shall have been filed shall submit the same to a direct vote of the electors qualified to vote thereon, according to the provisions of this article and the laws relating to submissions and elections. 7. In case any legislative body shall in any manner alter or amend, before passing the same, any measure proposed through the initiative by electors and submitted to such body under the provisions of the preceding section, then and in that event, the measure as initiated by the demand fled, and the measure as amended and passed by such legislative body, shall both be submitted to a direct vote of the electors qualified to vote thereon, under separate and distinct titles, as provided in this article; and the measure receiving an affirmative majority of the votes cast for and against such measure shall become law; but if both of such measures receive an affirmative majority of the votes cast for and against each of the same, the one receiving the higher affirmative majority shall become law, and the other shall be deemed to have been rejected* 8. The legislature may, by a three-fourths vote of all the members elected to each house, declare certain bills to be urgent , and such bills so declared to be urgent, when approved by the gov- ernor, shall take immediate effect; but the legislature shall have no power to declare bills to be urgent, except those relating to the immediate preservation of the public peace or of the public health. 9. Bills passed by the legislature, other than those declared to be urgent, and which shall become law with or without the approval of the governor, shall go into effect at the expiration of sixty days after the date of the final adjournment of the legisla- ture passing such bills, unless a demand for the referendum, as provided in this article, shall in the interim be filed with the sec- retary of state. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 265 Article XVI, 13 10. Neither the legislature, nor any local legislative body, shall have power to enact laws which shall in any manner alter, modify, repeal, or render nugatory laws which have been enacted by a direct vote of the electors of the State or of any political sub- division thereof. 11. All laws, general or local, enacted by a direct vote of the electors under the provisions of this article, shall become law, un- less otherwise explicitly staled therein, immediately upon the certification and filing witli the proper officers of the result of the canvass of the ballots cast for and against the same, provided that such canvass shall show that more persons have voted for than have voted against the enactment of such law. 12. Either house of the legislature, or of the legislative body of any political subdivision of the State, may, of its own motion, by resolution, provide for the submission to a direct vote of the electors qualified to vote thereon of any measure introduced in, pending before, or enacted by it, or of any question upon which such body may desire the instruction of its constituents; and immediately upon the passage of any such resolution for sub- mission it shall become the duty of the cleric of such body to forth- with file the same with the officer competent to receive demands for the submission of like measures, or measures relating to the same matters as such question, when filed by electors, by deposit- ing in the office of such officer duly certified copies of such measure or question and of the resolution of submission relating thereto, duly signed by the presiding officer and clerk of such body, and attested by the seal thereof, if such body have one; and thereupon it shall become the duty of such officer, with whom such papers shall have been filed, to cause such measure or question to be sub- mitted to a direct vote of the electors qualified to vote thereon, in the same manner, and under the same penalties for failure so to do, as is provided in this article for the submission of measures upon demand made and filed by electors. 13. Either house of the legislature, or of the legislative body of any political subdivision of the State, providing by resolution for the submission of any measure or question as provided for in the preceding section, when no regular election at which the same can be submitted to a vote of the electors qualified to vote thereon shall be appointed to be held within sixty days from the date of the passage of such resolution of submission, may, by a vote of two- 266 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Article XVI, 1 thirds of all the members elected to such house, incorporate in such resolution a clause or section declaring it to be the sense of such body that the public safety demands that the measure or question referred to therein should be submitted and voted upon without delay and at a special election to be called for that purpose; and upon the filing of a resolution of submission containing such a clause passed by any such body, ivith the proper officer, it shall become the duty of such officer to cause a special election for the submission of such measure or question to be called forthwith; and thereupon the same proceedings shall be had, and the said measure or question shall be published, submitted and voted upon in the same manner and under the same restrictions as to manner, place and time of publication of the measure or question, and of the manner, time, and place of calling and holding the election as is provided in this constitution, and the laws relating thereto, for the submission of measures of similar import to vote of the electors at regular elections. 1895. S. No. 947 (Int. 763). To A. S. J. 842, 1886, 1899, 2045, 2049. A. J. .* 1. The legislative power of this state is inherent in the people thereof and unalienably vested in them, and they shall have the right to exercise such power by direct vote in the manner provided for by this article. 2. Whenever any fifty thousand of the duly qualified electors of the state competent to vote for members of the senate and as- sembly shall sign, execute and file with the secretary of state in the manner provided for by this article and the law, a petition demanding the submission to a direct vote of the electors of the state of any existing law, or any enactment, bill, resolution, order or ordinance whatsoever of the senate and assembly, or the senate or assembly, or of any proposed amendment to this constitution or of any proposed law, enactment, bill, resolution, order or ordi- nance which may be set forth in such petition, thereupon the secre- tary of state shall cause the same to be submitted to the electors of the state for their approval or rejection by direct ballot of a " Yes " and " No " vote, at the first general election held after the expiration of four months from the date of the filing of such * Senate Bill No. 947 (Int. 763) was apparently never received in the Assembly. 11] AMENDMENTS ADOPTED ASD PROPOSED, 1895-1914 267 Article XVI, 4 petition in the office of such secretary. In the case of existing lairs, enactments, bills, resolutions, orders or ordiiw.nces, or which have been introduced in or are pending before either the senate or assembly, or which have passed the same, but which have not yet become of full force and effect, the same may be designated and referred to in any suck petition by the title, and if it have any number by its number also; but in the case of amendments to this constitution, and of all laws, enactments, bills, resolutions, orders or ordinances proposed by any such petition without hav- ing first been introduced in the senate or assembly, the full text thereof shall be set forth in the petition. Any such petition may be written or printed, or partly written and partly printed, may be on more than one sheet of paper, more than one of which sheets may contain such petition in full, shall be signed by the electors in ink, and shall be of such form and executed in such manner as may be by law provided, save that such petitions shall contain no clause indicating whether the vole of the electors signing the same will be " Yes " or " No " upon the referendum had thereunder. 3. For at least ninety days immediately preceding an election at which any such referendum is to be had, the secretary of state shall cause any amendment to this constitution, law, enactment, bill, resolution, order or ordinance to be voted upon thereat to be published in full at least once in each 'week in each county of the state in the same manner and in and by the same mediums pro- vided for by law for the publication of notices of such election. The compensation to be paid for the publication thereof shall be fixed by, lair, and any newspaper publisher, proprietor, manager or editor, who shall neglect or refuse to properly publish any such matter when requested to do so by the secretary of state sli.aU be guilty of a felony, and upon conviction thereof shall be punished as provided for by law. 4-. The senate and assembly, or the senate or assembly, may by vote, and the governor may of his own motion by public proclama- tion duly made, dem,and and direct the secretary of state to cause a referendum to be had upon any matter upon which the required number of electors might by petition so demand, and Hie S/IDIC shall hare the same force and effect as a petition in cine form duly made and filed, and upon due notice thereof the secretary of state shall cause the same proceedings to be had as would be necessary upon the filing of a legal petition by the required number of electors. PAKT 11 10 268 NEW YORK STATE CONSTITUTION ANNOTATED [Part Article XVI, 5 5. No law, enactment, bill, resolution, order or ordinance, passed or enacted by the senate and assembly shall take effect prior to the expiration of ninety days after the day of the final adjourn- ment of the legislature passing or enacting the same; and if prior to the expiration of such ninety days a referendum upon any such law, enactment, bill, resolution, order or ordinance, shall be in due form demanded, the same shall not take effect until such time as the same shall have been ratified and re-enacted by. a majority vote of the electors voting thereon; provided, that the senate and as- sembly may, with the approval of the governor, and by a two-thirds vote of all the members elected to each house, provide that any such law, enactment, bill, resolution, order or ordinance relating to the immediate preservation of the public peace, health or safety shall take immediate effect. 6. Unless otherwise expressly stated therein all laws, enact- ments, bills, resolutions, orders, ordinances, or amendments to this constitution enacted by the referendum shall take effect at twelve o'clock noon of the day following the day on which the certifi- cate of the proper canvassing authorities showing the result of the official canvass of all the votes cast for and against the same shall have been filed with the secretary of state. Immediately upon the receipt of such canvassers' certificate it shall be the duty of the secretary of state to append to the original or originals of any such law, enactment, bill, resolution, order, ordinance or amendment to this constitution on file in his office, a statement setting forth the date of the referendum had thereon, the number of votes cast for and against the same, and the date of the filing in his office of the certificate of the canvassers of the votes thereon, to ivhich he shall affix his seal, and such statement, or an abridgement thereof setting forth su,ch facts shall be printed upon each copy of any such law, enactment, bill, resolution, order, ordinance or amendment to this constitution so voted upon at any such refer- endum, whether ratified or unratified, ivhich may be thereafter issued from the office of the secretary of state or published under his authority. Provided, That no amendment to this constitution submitted upon a petition signed by the electors shall be deemed to have been carried, ratified, confirmed, and become a part of this constitution unless the same shall have been ratified by a majority vote of all the electors voting for and against the same at two successive elec- IIj AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 269 Article XVI, 12 tions; but in case of any such amendment one petition only shall be required, and the referendum shall be had thereon at the sec- ond election only in case a majority of tlie electors voting for and against such amendment shall have duly ratified the same at the first election. 7. The enacting clause of all laws, enactments, bills, resolur tions, orders, or ordinances enacted by the referendum shall be: ''' The People of the State of New York by the Referendum do Enact as follows:" and the secretary of state shall, if necessary, after any such enactment by the referendum, amend the enact- ment clause thereof into such form. 8. The approval or signature of the governor or any other per- son shall not be necessary upon any law, enactment, bill, resolu- tion, order, ordinance or amendment to this constitution enacted by the referendum in order to render the same fully operative. 9. It shall be the duty of the legislature at the next session after the adoption of this article to enact such law or laws as may be necessary to carry the same into effect; but if no such law should be enacted, or should any such enactment fail for any rea- son to become a law, then and in that event any fifty thousand of the duly qualified electors of the state competent to vote for mem- bers of the senate and assembly may exercise the initiative upon a, law proposed by them in their petition for such purpose, under the provisions of the election law relative to the nomination of independent candidates for the office of governor, in so far as such election law may be applicable to the signing, making and tiling of such petition, construed under the provisions of this article; but the required fifty thousand signatures of electors to such or any other referendum petition may be those of electors residing in a single county, or in more than one county, and any provision or enactment requiring otherwise shall be void. 10. The legislature shall have no power to alter, modify, re- peal or in any manner render nugatory in whole or in part, any law, enactment, bill, resolution, order, ordinance or other matter or measure enacted by the referendum. 11. Subject to the provisions of this article the powers of the senate and assembly, and of the governor, shall remain as granted and defined by the other articles of this constitution.. 12. The qualified voters of any county, city, borough, village, township, school district or other municipality, or political subdi- 270 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Article XVI, 13 vision of the state having local laws, enactments, bills, resolutions, orders or ordinances for the government thereof, shall possess the same legislative powers within such body politic in matters relat- ing thereto as are by the terms of this article vested in the electors of the state in state matters. Such legislative powers shall be ex- ercised, subject only to the provisions of this constitution and the general laws, whenever any five per centum of the duly qualified voters of any such body politic shall file a petition demanding a referendum to tlie voters thereof of any laws, enactment, bill, res- olution, order or ordinance thereof, with the cleric or secretary of such body politic, or if there be no clerk or secretary by such name, with the officer performing the functions of a clerk or recording officer therefor by whatsoever name he may be called. Such pe- tition shall comply as near as may be with the provisions of this article, except as to matters of time, which shall be fixed by law, but no representative body or board of any such body politic shall be given power to enact legislation relating to matters other than immediate preservation of the public peace, health or safety wliicli shall take effect prior to the expiration of thirty days after the passage thereof, and if within such thirty days, a petition demand- ing a referendum thereof shall be filed, the same shall not become operative until enacted by a majority of those voting for and against the same. No officer, or representative body, legislative or otherwise, of any such body politic, shall have power to alter, modify, repeal, or render nugatory in whole or in part, any law, enactment, bill, resolution, order or ordinance enacted by the ref- erendum,. 13. Tliis article may be legally cited and referred to either by its number or as " The Referendum Article of the Constitu- tion." The legal name and designation of proposals by petition hereunder shall be " The Initiative " and the legal name and des- ignation of the submission of any matter hereunder to the elect- ors shall be " The Referendum " and by such names and designs tions they may be legally referred to and cited. 1903. A. No. 541 (Int. 490). A. J. 230. (For other proposed amendments providing for the initiative and referen- dum, see pp. 34, 271.) COMPOSITE AMENDMENTS AMENDMENTS AFFECTING TWO OR MORE ARTICLES OR SECTIONS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative and referendum Art. 3, 1. The legislative power of this state shall be vested in the senate and assemblyf. J, except as such power is reserved to the people as hereinafter provided. The people reserve to them- selves power to propose laws and amendments to the constitu- tion and to enact or reject the same at the polls independently of the legislature, and also reserve power at their own option to approve or reject at the polls any act, bill, resolution or resolve passed by the joint action of both branches of the legislature. No act or joint resolution of the legislature except such orders or resolutions as pertain solely to facilitating the performance of the business of the legislature, of either branch, or of any com- mittee or officer thereof, or appropriate money therefor or for the payment of salaries fixed by law, shall take effect until ninety days after the recess of the legislature passing it, unless in case of emergency (which with the facts constituting the emergency shall first be declared by the governor and then shall be expressed in the preamble of the act), the legislature shall, by a vote of two-thirds of all the members elected to each house, otherwise direct. An emergency bill shall include only such measures as are immediately necessary for the preservation of the public peace, health or safety ; and shall not include (1) an infringement of the right of home rule for municipalities, (2) a franchise or a license to a corporation or an individual to extend longer than one year, or (3) provisions for the sale or purchase or renting for more than five years of real estate. Upon a written petition of electors to a number not less than five per centum of the num- ber of votes cast at the preceding election for governor, addressed to the governor and, filed in the office of the secretary of state within ninety days after the recess of the legislature, requ-esting that one or more acts, bills, resolves or resolutions, or part or parts thereof, passed by the legislature, but not then in effect by reason of the provisions of the preceding section, be referred to the people, such acts, bills, resolves or resolutions or part or parts thereof as are specified in such petition shall not take effect until [271] 272 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments thirty days after the governor shall have announced by public proclamation that the same have been ratified by a majority of the electors voting thereon at a general or special election. As soon as it appears that the effect of any act, bill, resolve or resolution or part or parts thereof has been suspended by petition in manner aforesaid, the governor by public proclamation shall give notice thereof and of the time when such measure is to be voted on by the people, which shall be at the next general election not less than sixty days after such proclamation, or in case of no general election within six months thereafter the governor may, and if so requested in said written petition therefor, shall order such meas- ure submitted to the people at a special election not less than four nor more than six months after his proclamation thereof. Art. 3, 1-a. (Proposal to add the following new section:) The electors may propose to the legislature for its consideration any bill, resolve or resolution, including bills to amend or repeal emergency legislation, and amendments to the constitution, by written petition addressed to the legislature or to either branch thereof and filed in the office of the secretary of state or pre- sented to either branch of the legislature at least thirty days be- fore the close of .its session. Any measure thus proposed by a petition signed by electors to a number not less than five per centum of the number of votes cast at the previous election for governor, unless enacted without change by the legislature at the session at which it is presented, shall be submitted to the electors together with any amended form, substitute or recommendation of the legislature, and in such manner that the people can choose betiveen the competing measures or reject both. When there are competing bills and neither receives a majority of the votes given for or against both, the one receiving the most votes shall, at the next general election, to be held not less than sixty days after the first vote thereof, be submitted by itself if it receives more than one-third of the votes given for and against both. If the measure i/nitiated is enacted by the legislature without change, it shall not go to a referendum vote unless in pursuance of a demand made in accordance with the preceding section. The legislature may order a special election on any measure that is subject to a vote of the people. The governor may, and if so requested in the written petitions addressed to the legislature, shall by proclama- tion, order any measure proposed to the legislature by at least five II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 273 Composite Amendments per centum of the electors as herein provided, and not enacted by the legislature without change, referred to the people at a special election to be held not less than four nor more than six months after such proclamation, otherwise said measure shall be voted upon at the next general election held not less than sixty days after the recess of the legislature, to which such measure was proposed. Any measure referred to the people and approved by a majority of the votes given thereon shall, unless a later date be specified in said measure, take effect and become a law thirty days after the governor has made public proclamation of the result of the vote on said measure, which he shall do within ten days after the vote thereon has been canvassed and determined. The veto power of the governor shall not extend to any measure approved by vote of the people, and any measure initiated by the people and passed by the legislature without change, if vetoed by the governor, and if his veto is sustained by the legislature, shall be referred to the people to be voted on at the next general election. The legislature may enact measures expressly conditioned upon the people's ratification by a referendum vote. As used in either of the preceding paragraphs the words ff electors " and " people " mean the electors of the state qualified to vote for governor; " re- cess of the legislature " means the adjournment without day of a session of the legislature; " general election" means the Novem- ber election; " measure " means an act, bill, resolve, resolution or amendment to the constitution proposed by the people, or two or more such, or part or parts of such, as the case may be; " writ- ten petition" means one or more petitions written or printed, or partly written and partly printed, with the original signatures of the petitioners attached, verified as to the authenticity of the sif/mttures by the oath of one of the petitioners certified thereon, and accompanied by the certificate of the cleric of the board of elections, or of the city, town or county in which the petitioners reside, that their names appear on the voting list of his city, town or county as qualified to vote for governor. The petitions shall set forth the full text of the measure requested or proposed. The full text of a measure submitted to a vote of the people under the provisions of the constitution need not be printed on the official ballots, but, until otherwise provided by the legislature, the secre- tary of state shall prepare the ballots in such form as to present the question or questions concisely and intelligibly. 274 XEW YORK STATE CONSTITUTION ANNOTATED [Parr Composite Amendments Art. 3, 1-b. (Proposal to add the following new section:) Any city may establish the initiative and referendum by a written peti- tion signed by electors thereof to a number not less than five per centum of the votes cast at the previous election for mayor, ad- dressed to the mayor and filed in the office of the city clerk, and ratified by a majority of the electors voting thereon at the next municipal election which shall be at least thirty days after such filing. Provided, however, that the legislature may at any lime provide a uniform method for the exercise of the initiative and referendum in municipal affairs. Art. 3, 1-c. (Proposal to add the following new section :) Until the legislature shall enact further regulations not incon- sistent with the constitution for applying the people's veto and direct initiative, the election officers and other officials shall be governed by the provisions of this constitution and of the general law, supplemented by such reasonable action as may be necessary to render the preceding sections self -executing. Art. 3, 14. The enacting clause of [all] bills originating in either house, shall be " The People of the State of ]NTew York, represented in Senate and Assembly, do enact as follows [,] .* " [and no law shall be enacted except by bill.] Tlie enacting clause of bills originating in the people shall be, " Be it enacted by the people of the State of Neiv York." Art, 4, 9. Every bill which shall have passed the senate raid assembly shall, before it becomes a law, be presented to the gov- ernor ; 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 pro- ceed 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 [thatj the 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 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 exeepted) 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, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 275 Composite Amendments by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor. X o 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 appropria- tion 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 sepa- rately 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. Provided, however, that the provisions of this section are subject to the reserved power of the people to approve or reject at the polls any act, bill, resolution or resolve, as set forth in article third. Art. 7, 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by [a] law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the princi- pal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be [duly] fully entered on the journals thereof and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such a law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the 276 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and lia- bility which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually col- lected, until the proceeds thereof shall have been made the provi- sions hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability or for the payment of such debt or liability, and for no other purpose whatever. [No such law shall be submitted to be voted on, within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against.] The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on account of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows : The first class includes all cities having a population of [one]' two hundred and [seventy-five] fifty thousand, or more ; the second class, all cities having a population of fifty thousand and less than [one] 1 two hundred and [seventy-five] fifty thousand; the third class, all other cities. Laws relating to the property, affairs [of] or gov- ernment of cities and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by -both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 277 Composite Amendments the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legis- lative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in the cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action [thereon] thereof. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless ac- cepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the ac- ceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city " or " cities " as the case may be ; in every such law which is passed without such acceptance, by the words " passed without the ac- ceptance of the city " or " cities " as the case may be. Provided, however, that the provisions of this section are subject to the reserved power of the people residing in the city or cities affected by such act, bill, resolution or resolve to approve or reject the same at the polls, or to propose new laws, as set forth in article third. Art. 14, 1. Any amendment or amendments to this con- stitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice, and if in the legislature so next chosen, as aforesaid, such proposed amend- ment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the 278 ~Nvw YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments legislature to submit [each] such proposed amendment or amend- ments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. Provided, however, that the provisions of this section are subject to the reserved power of the people to propose amendments to the constitution and to ap- prove or reject the same at the polls independently of the legis- lature, as set forth in article third. 1908. S. No. 522 (Int. 457). (Same as A. No. 1043.) S. J. 225. A. No. 1043 (Int. 872). (Same as S. No. 522.) A. J. 502. 1911. A. No. 1384 (Int. 1174). A. J. 985. 1912. 8. No. 12 (Int. 12). (Same as A. No. 328.) S. J. 8. A. No. 328 (Int. 326). (Same as S. No. 12.) (In 1914 an amendment was proposed in every respect identical with the last preceding amendment except that it did not propose to amend Art. 12, 2, in regard to the population of cities of the first and second class.) 1914. A. No. 736 (Int. 708). A. J. 309. Art. 3, 1. The legislative power of this state shall be vested in the senate and assembly [.]., except as such power is reserved to the people as hereinafter provided. The people reserve to themselves power to propose laws and amendments to the consti- tution and to enact or reject the same at the polls independently of the legislature, and also reserve power at their own option to ap- prove or reject at the polls any act, bill, resolution or resolve passed by the joint action of both branches of the legislature. No act or joint resolution of the legislature except such orders or res- olutions as pertain solely to facilitating the performance of the business of the legislature, of either branch, or of any committee or officer thereof, or appropriate money therefor or for the pay- ment of salaries fixed by law, shall take effect until ninety days after the final adjournment of the legislature passing it, unless in case of emergency (which with the facts constituting the emer- gency shall first be declared by the governor and then shall be ex- pressed in the preamble of the act), the legislature shall, by a vote of two-thirds of all the members elected to each house, otherwise dweci. An emergency bill shall include only such measures as are II] AMENDMENTS ADOPTED AND PEOPOSED, 1895-1914 279 Composite Amendments immediately necessary for the preservation of the public peace, health or safety; and shall not include (1) an infringement of the right of home rule for municipalities, (2) a franchise or a license to a corporation or an individual to extend longer than one year, or (3) provisions for the sale or purchase or renting for more than five years of real estate. The power to propose laws and amendments to the constitution shall be called the initiative. Upon the presentation to the secre- tary of state of a petition certified as herein provided to have been signed by qualified electors, equal in number to five per centum of all the votes cast for all candidates for governor at the last pre- ceding general election at which a governor was elected proposing a law or amendment to the constitution set forth in full in said petition,, the secretary of state shall submit the said proposed law or amendment to the constitution to the electors at the next suc- ceeding general election occurring subsequent to ninety days after the presentation aforesaid of said petition or at any special elec- tion called by the governor in his discretion prior to such general election. All such initiative petitions shall have printed across the top thereof in twelve-point, black face type the following: " Initiative measure to be submitted directly to the electors." The power to approve or reject legislation shall be called referendum. Upon presentation to the secretary of state within ninety days after the final adjournment of the legislature of a petition certified as herein provided to have been signed by quali- fied electors equal in number to five per centum of all the votes cast for all candidates for governor at the last preceding general election at ivhich a governor was elected asking that any act or section or part of any act of the legislature be submitted to the electors for their approval or rejection, the secretary of state shall submit to the electors for their approval or rejection such act or section or part of such act at the next succeeding general election occurring at any time subsequent to thirty days after the filing of said petition or at any special election which may be called by the governor in his discretion prior to such regular election, and no such act or section or part of such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon; but if a referendum petition is filed against any section or part of an act the remainder of such act shall not be prevented from going into effect. 280 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments Any act, law or amendment to the constitution submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect five days after the date of the official declaration of the vote by the secretary of state. No aci, law or amendment to the constitution initiated or adopted by the people shall be subject to the veto power of the governor and no act, law or amendment to the constitution adopted by the people at the polls under the initia- tive provisions of this section shall be amended or repealed except by a vote of the electors unless otherwise provided in said initia- tive measure; but acts and laws adopted by the people under the referendum provisions of this section may be amended by the legislature at any subsequent session thereof. If any provision or provisions of two or more measures approved by the electors at the same election conflict the provision or provisions of the measure receiving the highest affirmative vote shall prevail. If for any reason any initiative or referendum measure pro- posed by petition as herein provided be not submitted at the elec- tion specified in this section, such failure shall not prevent its sub- mission at a succeeding general election and no law or amendment to the constitution proposed by the legislature shall be submitted at any election unless at the same election there shall be submitted all measures proposed by petition of the electors if any be so pro- posed as herein provided. Any initiative or referendum petition may be presented in sec- tions, but each section shall contain a full and correct copy of the title and text of the proposed measure. Each signer shall add to his signature his place of residence, giving the street and number if such exist. His election precinct shall also appear on the paper after his name. The number of signatures attached to each sec- tion shall be at the pleasure of the person soliciting signatures to the same. Any resident of the state shall be competent to solicit said signatures. Each section of the petition shall bear the name of the county or city and county in which it is circulated and only qualified electors of such county or city and county shall be com- petent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating that all the signatures to the attached section were made in his presence and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be and no other affidavit thereto sliall I II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 281 Composite Amendments be required. The affidavit of any person soliciting signatures hereunder shall be verified free of charge by any officer authorized to administer oaths. Such petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors. Unless and until it be otherwise proven upon official investigation it shall be presumed that the petition presented contains the signatures of the requisite number of qualified electors. This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. The secretary of state shall refer all petitions filed with him for the initiative or referendum to the people in accordance with the provisions of the election law providing for the submission of amendments to the constitution. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to the legal voters of every municipality and district as to all local, special or municipal legislation of every character in or for their respective municipali- ties or districts. This power shall be exercised by a petition signed by legal voters of the municipality or district on the basis of the total vote cast for governor in such municipality or district in the election next preceding the filing of the petition. Not more than five per centum of the legal voters of the district or municipality shall be required to sign the referendum petition nor more than ten per centum to propose any measure by the initiative in any city or town. Such petition shall be filed with the clerk of the county in which such municipality or district may be located. The county clerk upon the filing with him of a petition with a sufficient num- ber of signatures shall certify the same to the secretary of state, who shall thereupon order the election in conformity with the pro- visions of section one of article three of the constitution. Until the legislature shall enact further regulations not incon- sistent with the constitution for applying the people's veto and direct initiative, the election officers and other officials shall be governed by the provisions of this constitution and of the general law, supplemented by such reasonable action as may be necessary to render the preceding sections self -executing. Art. 3, 14. The enacting clause of '[all] bills originating in either house, shall be " The People of the State of New York, represented in Senate and Assembly, do enact as follows^,] : " 282 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments '[and no law shall be enacted except by bill.] Tlie enacting clause of bills originating in the people shall be, " Be it enacted by the People of the State of New York." Art. 4, 9. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the gov- ernor ; 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 pro- ceed 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] the 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 names of the members voting shall be entered 011 the journal of each house respectively. If any bill shall not be re- turned 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. ISTo 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 appro- priation 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 recon- sidered. If on reconsideration one or more of such items be ap- proved 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. Provided, however, that the provisions of this section are subject to the reserved power of the people to ap- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 283 Composite Amendments prove or reject at the potts any act, ~bill, resolution or resolve, as set forth in article third. Art. 7, 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the con- tracting thereof. No such law shall take effect until it shall at a general election have been submitted to the people, and have re- ceived a mapority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be [duly] fully entered on the journals thereof and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be an- nually collected, until the proceeds thereof shall have lieen made the provisions hereinbefore specified to pay and discharge the in- terest and principal of such debt and liability. The money aris- ing from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability or for the payment of such debt or liability, and for no other purpose whatever. [No such law shall be submitted to J)e voted on, within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against.] The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized, but not issued, and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be 284 I^EW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments levied on account of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of [one] two hundred and [seventy-five] fifty thousand, or more; the second class, all cities having a population of fifty thousand and less than [one] two hundred and [seventy-five] fifty thousand; the third class, all other cities. Laws relating to the property, affairs, [of] or government of cities and the several departments thereof, are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city la\vs shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it is was sent, or if the session of the legislature at which such bill was passed has termi- nated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the con- currence of the legislative body in the cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, l;efore action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the accept- ance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 285 Composite Amendments bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city " or " cities " as the case may be ; in every such law which is passed without such acceptance, by the words " passed without the accept- ance of the city " or " cities " as the case may be. Provided, how- ever, that the provisions of this section are subject to the reserved power of the people residing in the city or cities affected by such act, bill, resolution or resolve to approve or reject the same at the polls, or to propose new laws, as set forth in article third. Art. 14, 1. Any amendment or amendments to this constitu- tion may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months pre- vious to the time of making such choice, and if in the legislature so next chosen, as aforesaid, such proposed amendment or amend- ments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to sub- mit [each] such proposed amendment or amendments to the peo- ple for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. Provided, however, that the provisions of this, section are subject to the reserved power of the people to propose amendments to the constitution and to approve or reject the same at the polls independently of the legislature, as set forth in article third. 1912. A. No. 1065 (Int. 952). A. J. 458. Art. 3, 1. The legislative power of this state shall be vested in the senate and assembly[.J, except as such power is reserved to the people as hereinafter provided. The people reserve to themselves power to propose laws and amendments to the consti- tution and to enact or reject the same at the polls independently of the legislature, and also reserve power at their own option to 286 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments approve or reject at the polls any act, bill, resolution or resolve passed by the joint action of both branches of the legislature. No act or joint resolution of the legislature except such orders or reso- lutions as pertain solely to facilitating the performance of the business of the legislature, of either branch, or of any committee or officer thereof., or appropriate money therefor or for the pay- ment of salaries fixed by law, shall take effect until ninety days after the final adjournment of the legislature passing it, unless in case of emergency (which with the facts constituting the emer- gency shall first be declared by the governor and then shall be ex- pressed in the preamble of the act), the legislature shall, by a vote of two-tliirds of all the members elected to each house, otherwise direct. An emergency bill shall include only such measures as are immediately necessary for the preservation of the public peace, health or safety; and shall not include (1) an infringement of the right of home rule for municipalities, (2) a franchise or a license to a corporation or an individual to extend longer than one year, or (3) provisions for the sale or purchase or renting for more than five years of real estate. The power to propose laws and amendments to the constitution shall be called the initiative. Upon the presentation to the secre- tary of state of a petition certified as herein provided to have been signed by qualified electors, equal in number to five per centum of all the votes cast for all candidates for governor at the last pre- ceding general election at which a governor was elected proposing a law or amendment to the constitution set forth in full in said petition, the secretary of state shall submit the said proposed law or amendment to the constitution to the electors at the next suc- ceeding general election occurring subsequent to ninety days after the presentation aforesaid of said petition or at any special elec- tion catted by the governor in his discretion prior to such general election. All such initiative petitions shall have printed across the top thereof in twelve-point, black face type the following: "Initiative measure to be submitted directly to the electors/' The power to approve or reject legislation shall be called referendum. Upon presentation to the secretary of state within ninety days after the final adjournment of the legislature of a petition certified as herein provided to have been signed by quali- fied electors equal in number to five per centum of all the votes cast for all candidates for governor at the last preceding general II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 287 Composite Amendments election at which a governor was elected asking that any act or section or part of any act of the legislature be S'ubmitted to the electors for their approval or rejection, the secretary of state shall submit to the electors for their approval or rejection such act or section or part of such act at the next succeeding general election occurring at any time subsequent to thirty days after the filing of said petition or at any special election which may be called by the governor in his discretion prior to such regular election, and no such act or section or part of such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon; but if a referendum petition is filed against any section or part of an act the remainder of such act shall not be prevented from going into effect. Any act, law or amendment to the constitution submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect five days after the date of the official declaration of the vote by the secretary of slate. No act, law or amendment to the con- stitution initiated or adopted by the people shall be subject to the veto power of the governor and no act, law or amendment to the constitution adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed except by a vote of the electors unless otherwise provided in said initiative measure; but acts and laws adopted by the people under the referendum provisions of this section may be amended by the legislature at any subsequent session thereof. If any provision or provisions of two or more measures approved by the electors at the same election conflict the provision or provisions of the meas- ure receiving the highest affirmative vote shall prevail. If for any reason any initiative or referendum measure pro- posed by petition as herein provided be not submitted at the elec- tion specified in this section, such failure shall not prevent its sub- mission at a succeeding general election and no law or amendment to the constitution proposed by the legislature shall be submitted at any election unless at the same election there shall be submitted all measures proposed by petition of the electors if any be so pro- posed as herein provided. Any initiative or referendum petition may be presented in sec- tions, but each section shall contain a full and correct copy of the title and text of the proposed measure. Each signer shall add to 288 XEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments his signature his place of residence, giving the street and number if such exist. His election precinct shall also appear on the paper after his name. The number of signatures attached to each sec- tion shall be at the pleasure of the person soliciting signatures to the same. Any resident of the state shall be competent to solicit said signatures. Each section of the petition shall bear the name of the county or city and county in which it is circulated and only qualified electors of such county or city and county shall be com- petent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating that all the signatures to the attached section were made in his presence and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be and no other affidavit thereto shall be required. The affidavit of any person soliciting signatures hereunder shall be verified free of charge by any officer authorized to administer oaths. Such petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors. Unless and until it be otherwise proven upon official investigation it shall be presumed that the petition presented contains the signatures of the requisite number of qualified electors. This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. The secretary of state shall refer all petitions filed with him for the initiative or referendum to the people in accordance with the provisions of the election law providing for the submission of amendments to the constitution. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to the legal voters of every municipality and district as to all local,, special or munic- ipal legislation of every character in or for their respective municipalities or districts. This power shall be exercised by a petition signed by legal voters of the municipality or district on the basis of the total vote cast for governor in such municipality or district in the election next preceding the filing of the petition. Not more than five per centum of the legal voters of the district or municipality shall be required to sign the referendum petition nor more than ten per centum to propose any measure by the initiative in any city or II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 289 Composite Amendments town. Such petition shall be filed with the clerk of the county in which such municipality or district may be located. The county cleric upon the filing with him of a petition with a sufficient num- ber of signatures shall certify the same to the secretary of state, who shall thereupon order the election in conformity with the pro- visions of section one of article three of the constitution. Until the legislature shall enact further regulations not incon- sistent with the constitution for applying the people's veto and direct initiative, the election officers and other officials shall be governed by the provisions of this constitution and of the general law, supplemented by such reasonable action as may be necessary to render the preceding sections self -executing. Art. 3, 14. The enacting clause of [all] bills originating in either house, shall be " The People of the State of New York, represented in Senate and Assembly, do enact as follows : " [and no law shall be enacted except by bill.] The enacting clause of bills originating in the people shall be, " Be it enacted by the People of the State of New York." Art. 4, 9. Every bill which shall have passed the senate and assembly shall, before it becomes a law be presented to the gov- ernor ; 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 pro- ceed 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] the 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 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 adjourn- ment. If any bill presented to the governor contain several items 290 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments 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 state- ment 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. Provided, however, that the provisions of this section are subject to the reserved power of the people to approve or reject at the polls any act, bill, resoluiion or resolve, as set forth in article third. Art. 7, 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this state, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be [duly] fully entered on the journals thereof and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contract- ing of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have been made the provisions hereinbefore II] AMENDMENTS ADOPTED AND PBOPOSED, 1895-1914 291 Composite Amendments specified to pay and discharge the interest and principal of sueh debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability or for the payment of such debt or liability, and for no other pur- pose whatever, [^o such law shall be submitted to be voted on, within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against.]' The legislature may provide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized, but not issued, and shall impose and provide for the collection of a direct annual tax for the pay- ment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on ac- count of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. The legislature may from time to time alter the rate of interest to be paid upon any state debt, which has been or may be author- ized pursuant to the provisions of this section, or upon any part of such debt, provided, however, that the rate of interest shall riot be altered upon any part of such debt or upon any bond or other evidence thereof, which has been, or shall be created or issued before such alteration. In. case the legislature increase the rate of interest upon any such debt, or part thereof, it shall impose and provide for the collection of a direct annual tax to pay and sufficient to pay the increased or altered interest on such debt as it falls due and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof, and shall appropriate annually to the sinking fund moneys in amount sufficient to pay such interest and pay and discharge the principal of such debt when it shall become due and payable. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows : The first class includes all cities having a population of [one] two hundred and [seventy-five]' fifty thousand or more ; the second class, all cities having a population of fifty thousand and less than [one] two hundred and [seventy-five] fifty thousand ; the third class, all other cities. Laws relating to the property, affairs [of] or government of cities and the several departments thereof, are 292 ^EW YOKE STATE CONSTITUTION ANNOTATED [Part Composite Amendments divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has termi- nated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the con- currence of the legislative body in the cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. \Yhenever, during the session at which it was passed, any such bill is returned without the accept- ance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city " or " cities " as the case may be ; in every such law which is passed without such acceptance, by the words " passed without the ac- ceptance of the city " or " cities " as the case may be. Provided, however, that the provisions of this section are subject to the re- served power of the people residing in the city or cities affected by such act, bill, resolution or resolve to approve or reject the same at the polls, or to propose new laws, as set forth in article third. Art. 14, 1. Any amendment or amendments to this constitu- tion may be proposed in the senate and assembly ; and if the same II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 293 Composite Amendments shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months pre- vious to the time of making such choice, and if in the legislature so next chosen, as aforesaid, such proposed amendment or amend- ments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to sub- mit [each] such proposed amendment or amendments to the people for approval in such manner and at such times as the legis- lature shall prescribe ; and if the people shall approve and ratify such amendment or amendments by a majority of the electors vot- ing thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. Provided, however, that the provisions of this section are subject to the reserved power of the people to pro- pose amendments to the constitution and to approve or reject the same at the polls independently of the legislature, as set forth in article third. 1913. S. No. 83 (Int. 82). (Same as A. No. 1606.) S. J. 33. A. No. 1606 (Int. 1449). (Same as S. No. 83.) A. J. 775. (For other proposed amendments providing for the initiative and the referendum, see pp. 34, 262.) 2. Initiative, referendum and recall Art. 1, 16. Such parts of the common law, and of the acts of the legislature of the colony of New York as, together did form the common law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the legisla- ture of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the people, by direct vote, or the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated. 294 ~NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments Art. 3, 1. [The legislative power of this state shall be vested in the senate and assembly.] The people reserve to themselves the legislative power of the state to be exercised ~by the direct vote of those of them upon whom the right of suffrage is hereby conferred; and, except as so exercised by them, such power is vested in a senate and assembly; but the delegation herein, either in general or specific terms, of any power or authority to the legis- lature or to either branch thereof, to be exercised by it, either with or without the approval of the governor, may, at any time and independently of it, be exercised by the people by direct vote. The people may initiate a bill or a resolution upon any subject for their approval or rejection by direct vote; and every act, bill or resolution enacted or adopted by the legislature, either with or without the approval of the governor, except as is herein otherwise expressly provided, shall be, at their option, subject to a reference to them for their approval or rejection by direct vote. Art. 3, 1-a. (Proposal to add the following new section:) A bill or a resolution may be initiated by the people by the filing in the office of the secretary of state of a petition addressed to him, signed by duly qualified electors to the number of at least five per centum of the total vote cast for the office of governor at the last preceding general election and requesting that the bill or resolution, which shall be annexed to and filed with such petition, be submitted to the people for their approval or rejection. Such petition may be executed in sections; and, if executed in sections, the several sections thereof shall be regarded as one petition. Each elector who may sign such petition shall do so personally and shall, with his own hand, write opposite his signature his place of residence, which, if in a city or a village, shall be stated, so far as practicable, by street and number, and shall acknowl- edge his signature before an officer authorized to take the acknowl- edgments of signatures to deeds of real property to be recorded within the state; and the certificate of acknowledgment of such officer, which shall be to the effect that each signer as to whose acknowledgment he may certify personally appeared before him on a day to be therein stated, that he is known to him, that he knows him to be the person described in and who executed such petition, that his place of residence is correctly stated therein and that he knows him to be a duly qualified elector, shall be annexed to and filed with such petition. The bill or resolution proposed II] AMENDMENTS ADOPTED AXD PEOPOSED, 1895-1914 295 Composite Amendments by such petition shall be submitted to the people for their approved or rejection, by direct vote, at the next general election occurring not less than sixty days after the filing of such petition; and the several officers charged with the duty of providing for and con- ducting elections shall, at public expense, provide for the sub- mission of the same accordingly. Within ten days after the filing of such petition in his office the secretary of state shall, at public expense, cause to be printed and delivered to the clerk of each county in the state copies of the bill or resolution thereby pro- posed to the number of at least one hundred for every election district in the county and of one hundred in addition thereto; and each such clerk shall forthwith upon receipt of the same file in his office one copy thereof, which shall thereupon become a public record, and post and keep posted, until the day on which the same shall be voted upon, in a conspicuous place in his office another copy thereof and, at least ten days before the first day of registration of voters for the election at which the same shall be voted upon, cause to be delivered to the board of election officers in each election district in his county at least one hundred copies of such bill or resolution, which board shall, on or before the first day of such registration, post and keep posted until and during the day on which the same shall be voted upon in a conspicuous place in the polling place in its election district one copy thereof and have the remaining copies thereof at such polling place on each day of such registration for distribution to the voters who may apply thereat to be registered until the same shall have, through such distribution, been exhausted; and each such clerk shall, at public expense, cause to be published daily for thirty days before the election at which the same shall be voted upon in the two news- papers published in his county having the largest and the next largest week-day circulation respectively and being of different political adherence, a notice briefly stating the substance of the bill or resolution and stating the day on which it will be submitted to the people for their approval or rejection. If, upon such sub- mission, a majority of all the persons voting thereon approve the bill or resolution it shall, if it be a bill, become effective as law on and after the first day of January next succeeding the day on which it was so submitted and, if it be a resolution, it shall be deemed to have been adopted; otherwise the bill or resolution shall be deemed to have failed of enactment or adoption; and, in 296 NEW YOKE: STATE CONSTITUTION ANNOTATED [Part Composite Amendments either case, the governor shall, within ten days after the com- pletion of the canvass of the vote upon the bill or resolution, announce by proclamation the result of such vote. Art. 3, 1-b. (Proposal to add the following new section:) The legislature may, concurrently with the people and by a joint resolution of each house thereof filed in the office of the secretary of state, to which resolution a copy of the bill or resolution thereby proposed shall be annexed and therewith so filed, propose a bill or resolution for submission to them for their approval or rejection by direct vote; and upon such resolution being so filed the same shall be treated as a petition filed pursuant hereto by the people for the purpose of initiating a bill or resolution; and the same proceed- ings shall be taken with respect thereto and the bill or resolution thereby proposed as are hereby directed to be taken with respect to such petition and shall have the same effect as those hereby di- rected to be taken with respect to such petition. Art. 3, 1-c. (Proposal to add the following new section:) No act, bill or resolution enacted or adopted by the legislature, either with or without the approval of the governor, except such as pertain solely to the administrative affairs of the legislature or of either branch thereof or as appropriate money for the current ex- penses of government or as propose a bill or a resolution for sub- mission to the people for their approval or rejection by direct vote, shall take effect until after the expiration of sixty days after it shall have been approved by the governor or shall have been enacted or adopted without his approval, unless it shall have been enacted or adopted by the vote of all the members elected to each house thereof. Within the said sixty days a petition addressed to the secretary of state and signed by duly qualified electors to the num- ber of at least five per centum of the total vote cast for the office of governor at the last preceding general election and requesting that a bill or resolution which shall have been enacted or adopted by the legislature, either with or without the approval of the gov- ernor, and which may pursuant to the provisions hereof be referred to the people for their approval or rejection by direct vote, may be filed in the office of the secretary of state; and, if within such sixty days such petition be so filed, the bill or resolution named therein and hereby authorized to be referred to the people shall not take effect unless it be approved by the people by direct vote. Such petition may be executed in sections; and, if executed in sections, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 297 Composite Amendments the several sections thereof shall be regarded as one petition. Each elector who may sign such petition shall do so personally and shall, with his own hand, write opposite his signature his place of resi- dence, which, if in a city or a village, shall be stated, so far as practicable, by street and number, and shall acknowledge his signa- ture before an officer authorized to take the acknowledgment of sig- natures to deeds of real property to be recorded within the slate ; and the certificate of acknowledgment of such officer, which shall be to the effect that each signer as to whose acknowledgment he may certify personally appeared before him on a day to be therein stated, that he is known to him, that he knows him to be the person described in and loho executed such petition, that his place of resi- dence is correctly stated therein and that he knows him to be a duly qualified elector, shall be annexed to and filed with such petition. The bill or resolution described in such petition shall be referred to the people for their approval or rejection, by direct vote, at the next general election occurring not less than sixty days after the fil- ing of such petition or, if no general election shall occur within three months after the filing of the same, at such special election as the governor may, by proclamation, appoint therefor; and the several officers charged with the duty of providing for and conducting elec- tions shall, at public expense, provide for the reference of the same accordingly. Within ten days after the filing of such petition in his office the secretary of state shall, at public expense, cause to be printed and delivered to the clerk of each county in the state copies of the act, bill or resolution therein mentioned to the number of at least one hundred for every election district in the county and of one hundred in addition thereto; and each such clerk shall, upon receipt of the same, file in his office one copy thereof, which shall thereupon become a public record, and post and keep posted, until the day on which the same shall be voted upon, in a conspicuous place in his office another copy thereof and, at least ten days before the first day of registration of voters for the purposes of the elec- tion at which the same shall be voted upon, cause to be delivered to the board of election officers in each election district in his county one hundred copies of such act, bill or resolution, which board shall, on or before the first day of such registration, post and keep posted, until and during the day on which the same shall be voted upon, in a conspicuous place in the polling place in its election district one copy thereof and have the remaining copies thereof at such polling 298 iSTEw YOBK STATE CONSTITUTION ANNOTATED [Part Composite Amendments place on each day of such registration for distribution to the voters who may apply thereat to be registered until the same shall have, through such distribution, been exhausted; and each such clerk shall, at public expense,, cause to be published daily for thirty days before the election at ivhich the same shall be voted upon in the two newspapers published in his county having the largest and the next largest weeJc-day circulation respectively and being of different political adherence, a notice briefly stating the substance of the n.ct bill or resolution and staling the day on which it will be referred to the people for their approval or rejection. If, upon such refer- ence, a majority of all the persons voting thereon approve the act, bill or resolution it shall, if an act or a bill, become effective as law after the expiration of ten days after the governor shall, by procla- mation, announce the result of the vote thereon and, if a resolution, it shall be deemed to have been adopted; otherwise the act, bill or resolution shall be deemed to have failed of enactment or adoption; and, in either case, the governor shall, within ten days after the completion of the canvass of the vote upon the act, bill or resolu- tion, announce, by proclamation, the result of such vote. Art. 3, 1-d. (Proposal to add the following new section:) When competing, conflicting and contradicting acts, bills, or reso- lutions relating to the same subject are submitted or referred to the people for their approval or rejection by direct vote at the same election, no such act, bill or resolution shall be deemed to have been approved unless it shall have been approved by a ma- jority of all those voting upon all such acts, bills or resolutions relating to the same subject. Art. 3, 1-e. (Proposal to add the following new section:) The legislature shall not, either icith or without the approval of the gov- ernor, amend or repeal, or pass any act or bill or adopt any reso- lution conflicting with, any act, bill, ar resolution or any part thereof which shall have been, by direct vote, approved by the people or pass any act or bill or adopt any resolution which shall have been, on reference to the people, rejected by them by direct vote. Art. 3, 1-f. (Proposal to add the following new section:) No court, judge or justice of the state shall set aside, disregard, abro- gate or declare unconstitutional or void any act, bill or resolution, or any part thereof, which shall have been, pursuant to the pro- visions hereof, approved by the people by direct vote; and any II] AMENDMENTS ADOPTED AXD PROPOSED, 1895-1014 299 Composite Amendments such judge or justice who shall render or sign a decision or sign or direct the entry of any order or judgment in violation of the provisions of this section shall forfeit his office and the same shall, thereupon, be deemed to be and become vacant and his successor therein shall be elected for the unexpired portion of his term at the next general election occurring not less than sixty days after sucli vacancy shall so occur. Art. 3, 14. The enacting clause of all bills initiated by the people shall be: " The People of the State of New York enact as follows" ; and f]T]/he enacting clause of all bills originating in either house of the legislature shall be: " The People of the State of New York, represented in senate and assembly, [do] enact as follows "[ ? ]y and no law shall be enacted except by bill. Every act, bill or resolution originating with the people or in either house of the legislature shall bear a title whereby the pur- pose of the same shall be briefly indicated; and upon the submis- sion or reference of the same to the people for their approval or rejection,, by direct vote, the question upon which they shall vote shall be: "Shall the bill originating (here state that it originated with the people or in the legislature, as the case may be) and en- titled ' an act (here state the title), become lair? " l. T pon the submission or reference to the people for their ap- proval or rejection, by direct vote, of any question, the question upon which they shall vote shall be: "Shall (here state the ques- tion in concise language) ?" The questions upon which the people shall vote shall be printed upon a ballot separate from that upon which the names of can- didates for public office shall be printed and, if there be more than one, shall be separated from each other by a horizontal line and shall be separately numbered; and opposite each such question there shall be printed, one above the other, two voting spaces one- half inch square, immediately above the top one of which there shall be printed the word " yes " and immediately above the other of which there shall be printed the word " no ". For an affirma- hre vote upon any such question the elector voting upon the same shall, with a pencil of black lead, make a X mark within the said voting space immediately under the word " yes " ; and for a nega- tive vote upon any such question the elector voting itpon the same shall likewise make a X mark within the said voting space imme- diately under the word " no ". Such ballots shall, so far as prac- ticable, conform to the requirements made by law for official PART 11 11 300 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments ballots used at the same election for the purpose of voting for candidates for public office. Art. 3, 15. No bill originating in either house of the legisla- ture shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, un- less the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the journal. Art. 4, 4. The Governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occa- sions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every ses- sion the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. Pie shall have power to call special elections for the purpose of refer- ring to the people for their approval or rejection, by direct vote, any act, bill or resolution enacted or adopted by the legislature, either with or without his approval, which may, pursuant to the provisions hereof, be submitted to them, whenever no general elec- tion shall occur within three months after the filing of the petition for the reference of the same. He shall expedite all such meas- ures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall receive for his service an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. Art. 4, 9. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the gov- ernor ; 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 II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 301 Composite Amendments 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, unless a petition for its reference to the people shall be filed as herein provided. In all such cases the votes in both houses shall be determined by yeas and nays, and the 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, unless a peti- tion for its reference to the people shall be filed as herein provided. No bill enacted by the legislature 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 approv- ing 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 appro- priating money. The veto power of the governor shall not, how- ever, extend to any act, bill or resolution which shall have been, pursuant to the provisions hereof, approved by the people by direct vote. Art. 7, 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or [in] on behalf of this state, unless such debt shall be authorized 302 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the prin- cipal of such debt within fifty years from the time of the con- tracting thereof. No such law shall take effect until it shall at a general election have been [submitted] referred to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people ? " [The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pur- suance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but t]21ie tax imposed by such act, in proportion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provisions hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the payment of such debt or liability, and for no other purpose whatever. [No such law shall be sub- mitted to be voted on, within three months after its passage, or at any general election when any other law, or any bill shall be submitted to be voted for or against.] The legislature may pro- vide for the issue of bonds of the state to run for a period not exceeding fifty years in lieu of bonds heretofore authorized but not issued and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on account of said sinking fund and the legislature shall reduce the tax to an amount equal to the accruing interest on such debt. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 303 Composite Amendments Art. 8, 13. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the constitution, shall remain in force until amended or repealed by the people, by direct vote, or by the legislature. The visitation and inspection herein provided for shall not be exclusive of other visitation and inspection now authorized by law. Art. 10, 3. When the duration of any term of office is not provided by this constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment [.]; but the tenure of every elective office, notwithstanding that the term thereof may be fixed, shall be subject to the will of the people to be expressed in accord- ance with the provisions of section eight of this article. Art. 10, 8. The people of the state or of any political or ter- ritorial subdivision thereof may, at their option, without assign- ing any reason therefor, at any time and notwithstanding that the term for which he shall have been elected has not expired, by fil- ing a petition pursuant to the provisions of this section, remove from office any public elective officer of the state or of any polit- ical or territorial subdivision thereof. Such petition shall be ad- dressed to the official in whose office the same is hereby directed to be filed, shall be executed in like manner as a petition required by the provisions hereof for the initiation of a bill or resolution by the people of the state and shall be signed by qualified electors of the territory throughout which the officer sought to be removed was voted for to the number of at least twenty- five per centum of the total vote cast in such territory for the office of governor at the last preceding general election; and such petition shall state the officer sought to be removed, the title of the office from which his removal is sought, the date of his election thereto and the date of the commencement of his term in such office and shall pray his removal therefrom. If such officer were, upon his election to such office, voted for throughout the state, such petition shall be filed in the office of the secretary of state. If he be an officer other than a city officer and were voted for throughout a territory of less extent than the whole state, it shall be filed in the office of the cleric of a county embraced wholly or partly within such territory and a duplicate or a certified copy thereof shall be filed in the office of the clerk of each other county embraced wholly or partly 304 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments within such territory. If he be a city officer,, it shall be filed in the office of the clerk of the city of which he shall be an officer. Upon the filing of such petition as aforesaid the office occupied by him shall, thereupon, be deemed to be vacant on and after the first day of January next succeeding the general election occurring not less than sixty days after the filing thereof; and within five days after the filing of such petition the governor, if such officer be an officer other than a city officer, and the mayor of the city of which he shall be an officer, if he be a city officer, shall, by proclamation, declare the same vacant accordingly. The successor to such offi- cer shall, at the next general election occurring not less than sixty days after the filing of such petition, be elected for the unexpired term for which the officer so removed was elected and shall take such office on the first day of January next succeeding such gen- eral election. The legislature may declare tlie cases in which any office shall be deemed vacant when no provision is made for that purpose in this constitution. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand, or more; the second class, all cities having a population of fifty thousand and less than one hundred and sev- enty-five thousand; and the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law[, relating to a city,] has been passed by both branches of the legislature, the clerk of the house in which it originated shall immediately trans- mit a certified copy thereof to the mayor of [such city,] each city to which the same relates; and, within five days after the receipt of the same, such mayor shall issue a proclamation stating the date of its receipt by him, the title of the bill and a time when, which shall not be less than five days after the first publication of such proclamation as herein directed, and a place in such city where a public hearing thereon will be had and shall, at public expense, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 305 Composite Amendments cause such proclamation to be published daily for five days in the two newspapers published in such city having the largest and the next largest week-day circulation respectively and being of differ- ent political adherence; and such mayor shall neither approve nor reject such bill until after the time thereby appointed for such hearing. [W]i Within* fifteen days [thereafter the] after its receipt by him such mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed [has] shall have terminated, to the governor, with [the] such mayor's certificate thereon, stating whether [the city] he, on behalf of such city, has or has not accepted the same. [In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill ; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. iSuch a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city.] Unless such bill shall be accepted, as herein provided, by such mayor no further action shall be taken thereon by either the legislature or the governor; and, if so accepted, no further action shall be taken thereon by either the governor or the legislature until after the expiration of ten days after such acceptance. Within such ten days a petition addressed to the clerk of such city and signed by duly qualified electors thereof to the number of at least five per centum of the total vote cast for the office of mayor thereof at the last preceding general election and requesting that such bill be referred to the people of such city for their approval or rejection, by direct vote, may be filed in the office of the clerk of such city; and if, within such ten days, such petition be so filed action by the governor upon such bill shall be thereby and thereupon suspended and the sam,e shall be referred to the people of such city for their approval or rejection, by direct vote, at the next general election occurring not less than thirty days after the filing of such petition; and the several officers charged with the duty of providing for and con- ducting elections in such city shall, at public expense, provide for * So in original. 306 I^EW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments the reference of the same accordingly. Such petition shall be exe- cuted in like manner as a- petition required ~by the provisions- hereof for the initiation of a bill or resolution by the people. Such mayor shall, within ten days after the completion of the can- vass of the vote upon such bill, announce, by proclamation, the re- sult thereof. If, upon such reference, a majority of all the per- sons voting thereon in each such city approve such bill, it shall, thereupon, be subject, as other bills, to the action of the go senior ; and, unless it be so approved, no further action shall be talcen thereon either by the governor or the legislature. [Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned with- out the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be sub- ject as are other bills, to the action of the governor.- In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities," as the case may be ; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be.] Art. 12, 2-a. (Proposal to add the following new section:) The people of any city may exercise, by direct vote, any power or authority with which such city may by law be vested; and they may, by direct vote, determine, within the scope of such power or authority, what action shall be taken by such city with respect to- any question, measure, issue, policy, ordinance, order, resolution or action affecting it and its affairs. A petition addressed to the cleric of such city and signed by duly qualified electors thereof to the number of at least five per centum of the total vote cast for the office of mayor thereof at the last preceding general election and requesting that any such question, measure, issue, policy, ordinance, order, resolution or action be submitted to the people of such city for their approval or rejection, by direct vote, which question, measure, issue, policy, ordinance, order, resolution or action proposed by such petition shall be set forth therein in con- cise language, may at any time be filed in the office of the clerk of such city; and, upon such petition being so filed, each officer, board, II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914: 307 Composite Amendments department, bureau, employee, agent and servant of such city shall thereby be effectually stayed, restrained and enjoined from adopt- ing, passing, determining, issuing, executing or othenvise taking any action with respect to or affecting any such question, measure, issue, policy, ordinance, order, resolution or action until after the same shall be approved or rejected, by direct vote, by the people of such city. Such petition shall be executed in like manner as a petition required by the provisions hereof for the initiation of a bill or resolution by the people. The question, measure, issue, policy, ordinance, order, resolution or action pro- posed by such petition shall be submitted to the people of such city for their approval or rejection, by direct vote, at the next general election occurring not less than thirty days after the filing of such petition; and the several officers charged with the duty of providing for and conducting elections in such city shall, at public expense, provide for the submission of the same accordingly. At least one day before the first day of the registration of voters for the purposes of the election at which the same shall be voted upon the clerk of such city shall, at public expense, cause to be printed and delivered to the board of election officers in each election dis- trict in such city at least one hundred copies of such question, measure, issue, policy, ordinance, order, resolution or action, as stated in such petition, upon which copies shall be printed a state- ment of the date of the filing of such petition and of the time when such question, measure, issue, policy, ordinance, order, resolution or action will be submitted to the people for their approval or rejection, by direct vote, which board shall make the same dispo- sition of the said copies as it is, by the provisions of article three hereof, directed to make of copies of bills or resolutions forwarded to it by the county cleric; and the cleric of such city shall, at public expense, cause to be published for ten days before the same shall be voted upon in the tivo newspapers published in such city having the largest and. the next largest week-day circulation respectively and being of different political adherence a notice briefly stating the substance of the question, measure, issue, policy, ordinance, order, resolution or action and stating the day on which it will be submitted to the people of such city for their approval or rejec- tion. If, upon such submission, a majority of all the persons vot- ing thereon approve such question, measure, issue, policy, ordi- nance, order, resolution or action it shall become effective as law 308 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments and shall be observed by and be binding upon such city and the people and each officer, board, department, bureau, employee, agent and servant thereof on and after the first day of January next succeeding the day on which it was voted upon; otherwise the same shall be deemed to have been rejected; and, in either case, the mayor of such city shall, within ten days after the completion of the canvass of the vote upon such question, measure, issue, policy, ordinance, order, resolution or action, announce, by procla- mation, the result thereof. No officer, board, department, bureau, employee, agent or servant of such city shall adopt, issue, make, give, enforce, execute, obey or otherwise recognize or establish any question, measure, issue, policy, ordinance, order, resolution or action which shall have been, on submission to the people of such city, rejected by them by direct vote. Art. 14, 1. [Any amendment or a] Amendments to this Con- stitution may be proposed [in the Senate and Assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amend- ments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amend- ment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit [each] such proposed amendment or amend- ments to the people for approval in such manner and at such times as the Legislature shall prescribe;] by the people and submitted to them for their approval or rejection, by direct vote, in the same manner in luhich a bill or resolution may, pursuant to the provi- sions thereof, be initiated by them and submitted to them for their approval or rejection or by the legislature in the same manner in which a bill or resolution may, pursuant to the provisions hereof, be proposed by it for submission to the people; and the same action shall be taken ivith respect to a petition proposing an amendment hereto and the amendment thereby proposed as is herein directed to be taken with respect to a petition initiating a bill or a resolution by the people and the bill or resolution initiated by the same or with respect to an amendment so proposed by the legislature as is herein directed to be taken with respect to a bill or resolution pro- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 309 Composite Amendments posed by it for submission to the people; except that a petition proposing an amendment hereto shall be signed by duly qualified electors to the number of at least ten per centum of the total vote cast for the office of governor at the last preceding general elec- tion, that an amendment hereto can be proposed by the legislature only by the vote of two-thirds of all the members elected to each house thereof and that an amendment hereto, whether originat- ing with the people or in the legislature, shall not be deemed to have been adopted by the people unless it shall have been approved by two-thirds of all those voting thereon. An amendment so pro- posed shall be submitted to the people for their approval or rejec- tion, by direct vote, at the next general election occurring not less than four months after the filing of the petition by the people or the adoption of a resolution by the legislature proposing the same; and if the people shall approve [and ratify] such amendment [or amendments] 1 by [a majority of] the vote of two-thirds of all those [the electors] voting thereon,, such amendment [or amend- ments] shall be deemed to have been adopted and shall become a part of [the] this Constitution [from] on and after the first day of January next after such approval. Art. 14, 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year there- after, and also at such times as the people may, by a petition exe- cuted and filed in accordance with the provisions, so far as the same may be applicable, governing the initiation of a bill or reso- lution by them, request and as the Legislature may by law provide, the question, " Shall there be a convention to revise the Constitu- tion and amend the same ? " shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district [of] in the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates-at- large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority 310 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments of the convention shall constitute a quorum, for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensa- tion and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the elec- tion, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district dele- gate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or con- stitutional amendment which shall have been adopted by such con- vention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six [weeks] months after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or con- stitutional amendment, shall go into effect on the first day of January next after such approval. 1909. S. No. 1308 (Int. 1034). S. J. 880. 3. Biennial sessions of legislature terms and apportionment of legis- lators Art. 3, 2. The senate shall consist of fifty members, except as hereinafter provided. [The senators elected in the year [one thousand eight] eighteen hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years.] The assembly shall consist of one hundred and fifty members, [who shall be chosen for one year.] Senators shall be chosen for four years, and members of the assembly for two years. Art. 4, 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assem- bly. The persons respectively having the highest number of votes II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 311 Composite Amendments for governor and lieutenant-governor shall be elected; but in case two or more shall have an equal and [the] highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature at its next regular [annual] session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor or lieutenant- governor. Art. 10, 6. The political year and legislative term shall begin on the first day of January. [; and the] The legislature shall [every year] assemble on the first Wednesday in January[.] in the year nineteen hundred and six and in the year nineteen hun- dred and seven, and thereafter biennially on the same day. It shall also assemble on the same day in the year next following the return of an enumeration of the inhabitants of the state under the constitution, for the purpose only of making an apportionment of senators and members of the assembly; and each session, for that purpose, shall be deemed a regular session. 1904. A. No. 1201 (Int. 963). A. J. 863. *1905. A. No. 476 (Int. 446). A. J. 224. 4. Biennial sessions of legislature terms and salaries of legislators appropriations apportionment Art. 3, 2. [The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year eighteen hundred and ninety-five shall hold their f officers for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members, who shall be chosen for one year.] The senate shall consist of fifty members, except as hereinafter provided. The assembly shall consist of one hundred and fifty members. Senators shall be chosen for four years and members of the assembly for two years. Art. 3, 6. Each member of the legislature shall receive for his services an annual salary of one thousand [five hundred] dol- lars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the * This amendment is identical with A. No. 1201 introduced in 1904 except that in amending Art. 10, $ 6, it gives later years for the first and second sessions of the legislature after the adoption of the amendment. t So in original. 312 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments most usual route. Senators, when the % senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. Art. 3, 22. [No provision or enactment shall be embraced in the annual appropriation or supply bill, unless it relates specifically to some particular appropriation in the bill; and any such pro- vision or enactment shall be limited in its operation to such ap- propriation.] A general 'bill making appropriations for the sup- port of government, or a supply bill, shall not embrace any pro- vision or enactment which does not specifically relate to some particular item in the bill; and any such provision or enactment shall be limited in its operation to such appropriation. Art. 4, 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assem- bly. The persons respectively having the highest number of votes for governor and lieutenant-governor shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature at its next regular [annual] session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor or lieutenant-governor. Art. 10, 6. The political year and legislative term shall begin on the first day of January ; [and the legislature shall, every year, assemble on the first Wednesday in January.] The legislature shall assemble on the first Wednesday of January in the year nineteen hundred, and in the year nineteen hundred, and one, and thereafter biennially on the same day. It shall also assemble on the same day in the year next following the return of an enumer- ation of the inhabitants of the state under this constitution, for the purpose, only, of making an apportionment of senators and members of the assembly; and such session, for that purpose, shall be deemed a regular session. 1898. S. No. 504 (Int. 182). To Sec. of State. S. J. 81, 166, 266, 312, 324, 344, 346, 654. A. J. 679, 716, 763, 771, 951, 978. 1899. S. No. 5 (Int. 5). (Same as A. No. 7.) A. J. 34, 454, 844, 929. A. No. 7 (Int. 7). (Same as S. No. 5.) A. J. 43. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 313 Composite Amendments Art. 3, 2. [The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year eighteen hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members, who shall be chosen for one year.] The senate shall consist of fifty members, except as hereinafter provided. The assembly shall consist of one hundred and fifty members. Senators shall be chosen for four years, and members of the assembly for two years. Art. 3, 6. [Each member of the legislature shall receive for his services an annual salary of one thousand five hundred dol- lars.] Each senator shall be entitled to receive three thousand dollars, and each member of the assembly, fifteen hundred dollars, as compensation for his services for a full term, except that when convened in extraordinary session by the governor, they shall each receive ten dollars per day,, but not to exceed in the aggregate five hundred dollars to each member for such per diem allowance at one extraordinary session. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from [their] the place of meet- ing, once in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. Art. 3, 22. [No provision or enactment shall be embraced in the annual appropriation or supply bill, unless it relates specifi- cally to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation.] A general bill making appropriations for the support of government, or a supply bill, shall not embrace any provision or enactment which does not specifically relate to some particular item in the bill and any such provision or enactment shall be limited in its operation to such appropriation. Art. 4, 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the as- sembly. The persons respectively having the highest number of votes for governor and lieutenant-governor shall be elected ; but in case two or more shall have an equal and the highest number 314 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments of votes for governor or for lieutenant-governor, the two houses of the legislature at its next [annual] regular session shall forth- with, by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor or lieutenant- governor. Art. 10, 6. The political year and legislative term shall begin on the first day of January. [; and the legislature shall, every year, assemble on the first Wednesday in January.] The legis- lature shall assemble on the first Wednesday of January in the year nineteen hundred, and in the year nineteen hundred and one, and thereafter biennially on the same day. It shall also assemble on the same day in the year next following the return of an enu- meration of the inhabitants of the state under this constitution, for the purpose of making an apportionment of senators and mem- bers of the assembly; and such session, for that purpose, shall be deemed a regular session. 1898. A. No. 760 (Int. 300). A. J. 119, 425, 482, 493. 5. Biennial sessions of legislature United States deposit fund Art. 3, 2. The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members who, beginning with the year nineteen hundred, shall be chosen for [one] two years. Art 4, 3. The Governor and Lieutenant-Governor shall be elected at the time and places of choosing members of the [As- sembly] Legislature. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature at its next [annual] session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieu- tenant-Governor. Art. 4, 5. The Governor shall have power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 315 Composite Amendments such regulations as may be provided by law relative to the manner of applying for pardons. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall [annually] at each session conimunicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. Art. 7, 9. Xo tolls shall hereafter be imposed on persons or property transported on [the] canals, but all boats navigating the canals, and the owners and masters thereof shall be subject to such laws and regulations as have been or may hereafter be enacted con- cerning the navigation of the canals. The Legislature shall [annually] at each session, by equitable taxes, make provision for the expenses of the [superintendence] superintendent and repairs of the canals. All contracts for work or materials on any canals shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made [to] any contractor; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. Art. 9, 3. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of com- mon schools; the revenue of the said literature fund shall be ap- plied to the support of academies; and the sum of [twenty-five thousand] fifty thousand dollars of the revenues of the United State deposit fund shall [each year] at each session of the Legis- lature be appropriated to and mode part of the capital of the said common school fund. Art. 10, 6. The political year and legislative term shall begin on the first day of January ; and the Legislature shall [every year] assemble on the first Wednesday in January, in the year one thou- sand nine hundred and. one, and on the first Wednesday in Janu- ary in every second year thereafter. The Legislature shall hold 316 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments no session but its regular biennial sessions, unless convened by the Governor in extra session in the manner provided by the Consti- tution; and the Legislature shall not hold any adjourned session. 1897. S. No. 1072 (Int. 882). S. J. 645. 6. Single legislative body Art. 3, 1. The legislative powers of this state shall be vested in [the senate and assembly.] one legislative governing body, to be constituted as hereinafter provided, to be called the legislature. Art. 3, 2. [The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thou- sand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The as- sembly shall consist of one hundred and fifty members, who shall be chosen for one year.] The senators and assemblymen chosen at the election 'at which this amendment is adopted, shall consti- tute the legislature for the year beginning on the first day of Jan- uary following the adoption of such amendment. The first elec- tions of members of the legislature, as constituted hereunder, shall occur at the general election in the year following the adop- tion of this amendment, and they shall hold office for the term of two years from the first day of January following their election. The state legislature, except as hereinabove otherwise provided, shall hereafter be constituted by the election of one member from each congressional district. All provisions of this constitution referring to the legislature, its powers or duties, shall apply to 'the legislature as thus constituted, except that any provision re- quiring or permitting concurrent action of the senate and assem- bly, by resolution or otherwise, in any matter, shall hereafter be deemed to confer the authority or impose the duty to which such provision relates upon the legislature; and in like manner any power or duty conferred by this constitution on either branch of the legislature as heretofore constituted shall hereafter be deemed to confer such power or impose such duty on the legislature as hereinabove constituted. Art. 3, 5. (This concurrent resolution also included a pro- posal to repeal this section.) Art, 3, 4. An enumeration of the inhabitants of the state shall be taken under the direction of the secretary of state, during II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 317 Composite Amendments the months of May and June, in the year one thousand nine hun- dred and five, and in the same months every tenth year there- after. ; and the said districts shall be so altered by the legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as com- pact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contiguous territory, and no county shall be divided in the forma- tion of a senate district except to make two or more senate dis- tricts wholly in such county. ISTo town, and no block in a city inclosed by streets or public ways, shall be divided in the forma- tion of senate districts; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein, adjoining such dis- trict. Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, ex- cluding aliens. ~No county shall have four or more senators unless it shall have a full ratio for each senator. Xo county shall have more than one- third of all the senators; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent.] Art. 3, 5. (This concurrent resolution also included a pro- posal to repeal this section.) Art. 14, 1. Any amendment or amendments to this constitution may be proposed in the [senate and assembly] legislature ; and if the same shall be agreed to by a majority of the members elected [to each of the two houses] to the legislature, such proposed amend- ment or amendments shall be entered on [their] its journal[s], 318 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments and the yeas and nays taken thereon, and referred to the legisla- ture to be chosen at the next general election [of senators,] and shall be published for three months previous to the time of making such choice ; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected [to each house] thereto, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such man- ner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amend- ments by a majority of the electors voting thereon, such amend- ment or amendments shall become a part of the constitution from and after the first day of January next after such approval. Art. 14, 2. At the general election to be held in the year one thousand nine hundred and sixteen and every twentieth year there- after, and also at such times as the legislature may by law provide, the question, " Shall there be a convention to revise the constitu- tion and amend the same ? " shall be decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every [senate] congressional district of the state, as then organ- ized, shall elect three delegates at the next ensuing general election [at which members of the Assembly shall be chosen], and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their elec- tion, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the [assembly] legislature. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitu- tion shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall deter- mine the rules of its own proceedings, choose its own officers, and II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 319 Composite Amendments be the judge of the election, returns and qualifications of its mem- bers. In case of a vacancy, by death, resignation or other causb, of any district delegate elected to the convention, such vacancy shall be filleo^ by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitu- tion or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such conven- tion, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or con- stitutional amendment, shall go into effect on the first day of Jan- uary next after such approval. 1914. A. No. 1465 (Int. 1320). A. J. 866. 7. Terms and salaries of members of legislature, governor and lieutenant- governor short ballot Art. 3, 2. The senate shall consist of fifty members, except as hereinafter provided. [The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years.] The senators elected in the year one thousand nine hundred and fourteen, shall hold their offices for two years, and their suc- cessors shall be chosen for four years. The assembly shall con- sist of one hundred and fifty members, who shall be chosen for [one] two years[.] at the general election in the year nineteen hundred and sixteen. Art. 3, 6. Each member of the legislature shall receive for his services an annual salary of [one thousand five] twenty-five hun- dred dollars. Members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the most usual route[.], senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine [in number] members, as 320 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. Art. 4, 1. The executive power shall be vested in a governor, who shall hold his office for [two] four years; a lieutenant-gov- ernor shall be chosen at the same time and for the same term. The governor and lieutenant-governor elected next preceding the time when this section shall take effect, shall hold office [until] to and including the thirty-first day of December, [one thousand eight hundred and ninety-six] one thousand nine hundred and sixteen, and their successors shall be chosen at the general election in that year[.] for the term of four years. Art. 4, 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to con- vene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He may at any tim,e remove from office any state officer appointed by a gov- ernor of the state or by the head of any state department, bureau or commission, other than a judicial officer or an officer appointed by the legislature or by either house thereof, the method of whose removal is not elsewhere prescribed in this constitution; but un- less he be authorized by law to remove any such officer at his pleasure, the governor shall in each case give to the officer re- moved a statement in writing of the reasons for his removal and an opportunity to be heard in his own behalf. He shall receive for his services an annual salary of [ten] twenty thousand dol- lars and there shall be provided for his use a suitable and fur- nished executive residence. Art. 5, 1. The secretary of state, comptroller, treasurer, attorney-general, [and] state engineer and surveyor, superin- tendent of public works and superintendent of state prisons shall be [chosen at a general election, at the times and places of elect- ing the governor and lieutenant-governor and shall hold their offices for two years, except as provided in section two of this II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 321 Composite Amendments article.] appointed by the governor and shall hold their offices during the governor s pleasure. Each of the officers [in this arti- cle] named[, excepting the speaker of the assembly,] in this section shall, at stated times [during his continuance in office], receive for his services a compensation which shall not be in- creased or diminished during [the term for which he shall have been elected] his continuance in office, and shall give security in such amount, and with such sureties, as shall be required by law for the faithful discharge of his duties; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be [elected] appointed to the office of state en- gineer and surveyor who is not a practical civil engineer. Art. 5, 2. The first [election of the secretary of state, comp- troller, treasurer, attorney-general and state engineer and sur- veyor,] appointment, pursuant to this article, of the officers named in section one thereof 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.] made by the governor chosen at the general election in the year nineteen hundred and sixteen, but the superintendent of state prisons who shall be in office on the first day of January in the year nineteen hundred and seventeen shall, unless sooner removed by the gover- nor, hold office for the full term of which he shall have been ap- pointed. (This concurrent resolution also included a proposal to repeal 3, 4 and 7 of Art. 5, and to renumber 5, 6, 8 and 9 as 3, 4, 5, and 6, respectively.) Art. 8, 12. The members of the said board and of the said commissions shall be appointed by the governor [, by and with the advice and consent of the senate] ; and any member may be removed from office by the governor [for cause], a statement in writing having been furnished him of the reasons for his removal and an opportunity having been given him to be heard in his [defense] own behalf. Art. 10, 9. No officer w T hose salary is fixed by the constitu- tion shall receive any additional compensation. Each of the other state officers named in the constitution who shall have been 322 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments appointed or elected for a fixed term shall, during his continuance in office, receive a compensation to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed ; nor shall he receive to his use any fees or perquisites of office or other compensation. Art. 11, 4. The governor shall appoint the chiefs of the sev- eral staff departments, his aides-de-camp and military secretary, all of whom shall hqld office during his pleasure, their commis- sions to expire with the term for which the governor shall have been elected ; he shall also [nominate, and with the consent of the senate] appoint[,] all major-generals. Art. 11, 6. The commissioned officers shall be commissioned by the governor as commander-in-chief . No commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless [by the senate on the recommendation of the governor stating the grounds on which such removal is recommended, or] by the sentence of a court- martial, or upon the findings of an examination [examining] board organized pursuant to law, or for absence without leave for a period of six months or more. 1914. A. No. 828 (Int. 786). A. J. 364. 8. Short ballot Art. 5, 1. 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 gov- ernor and lieutenant-governor, and shall hold their offices for two years, except as provided in section two of this article.] appointed by the governor and shall hold their offices during the governor's pleasure. Each of the officers in this article named, excepting the speaker of the assembly, shall, at stated times [during his con- tinuance 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 ;] his continuance in office; nor shall he receive to his use any fees or perquisites of office or other compensation. ~No person shall be [elected] appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2. (Proposal to add the following new section in place of section 2:) The comptroller shall be appointed by the gov- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 323 Composite Amendments ernor, and shall hold his office during good behavior. He may be removed by the governor for reasonable cause, or upon address to the governor by a majority of all the members elected to each house of the legislature; but before such removal by the governor for cause, or at least ten days before any vote upon such address, he shall be served with a copy of the charges against him, and granted an opportunity of being publicly heard thereon; and the vote upon any such address shall be taken by yeas and nays and entered upon the journal of each house. The comptroller and the treasurer shall, before entering upon the duties of their respect- ive offices, give security in such amount, and with such sureties, as shall be required by law for the faithful discharge of their respective duties. Art. 5, [2] 3. The first [election]/ appointment 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.] made by the governor chosen at the gen- eral election in the year one thousand nine hundred and twelve, and they shall hold their offices from the first day of January- following until their successors shall have been appointed and qualified. (This concurrent resolution also included a proposal to repeal 7 of Art. 5 and to renumber 3, 4, 5 and 6 as 4, 5, 6 and 1 respectively.) 1910. S. No. 1400 (Int. 1092). S. J. 1107. Art. 5, 1. 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 gov- ernor and lieutenant-governor and shall hold their offices for two years, except as provided in section two of this article.] ap- pointed by and with the advice and consent of the senate and each shall hold office until the end of the term of the governor by whom he was nominated and until his successor is appointed and quali- 324 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments fied. The comptroller shall be chosen at a general election, at the times and places of electing the governor and lieutenant-governor, and shall hold his office during the term of the governor. 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 in- creased or diminished during the term for which he shall have been [elected] appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be [elected] 1 appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2.* (This concurrent resolution also included a pro- posal to repeal this section.) 1910. A. No. 415 (Int. 395). A. J. 167, 3263, 3273, 3329, 3397. 1911. A. No. 207 (Int. 206). A. J. 111. Art. 5, 1. The secretary of state, [comptroller,] treasurer, attorney-general and state engineer and surveyor shall be [chosen at a general election, at the time and places of electing the gover- nor and lieutenant-governor, and shall hold their office for two years, except as provided in section two of this article.] appointed by the governor and be removable at his pleasure, and unless sooner removed by the governor each shall hold his office until the end of t]ie term of the governor by wlwm he was appointed and until his successor is appointed and qualified. The comptroller shall be chosen at a general election, at the times and places of electing the governor and lieutenant-governor, and shall hold his office during the term of the governor. 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 serv- ices a compensation which shall not be increased or diminished during the term for which he shall have been elected or ap- pointed; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be elected or ap- pointed to the office of state engineer and surveyor who is not a practical civil engineer. * For Art. 5, 2, see p. 88. 11] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 325 Composite Amendments Art. 5, 2.* (This concurrent resolution also included a proposal to repeal this section.) 1911. A. No. 762 (Int. 700). A. J. 447. Art. 5, 1. The secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor shall after De- cember thirty-first, nineteen hundred and sixteen, be [chosen at a general election, at the times and places of electing the governor and lieutenant-governor, and shall hold their office for two years, except as provided in section two of this article] appointed by the governor and be removable at his pleasure, and unless sooner re- moved by the governor each shall hold his office until the end of the term of the governor by whom he was appointed and until his successor shall be appointed and shall have qualified. Such officers in office when this amendment takes effect shall continue in office until the expiration of the terms for which they shall have been elected, respectively. 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 or appointed ; nor shall he receive to his use any fees or perquisites of office or other compensation. ~No person shall be [elected]i appointed to the office of state en- gineer and surveyor who is not a practical civil engineer. Art. 5, 2.* (This concurrent resolution also included a proposal to repeal this section.) 1913. S. No. 185 (Int. 183). (Same as A. No. 283.) S. J. 54. A. No. 283 (Int. 279). (Same as S. No. 185.) A. J. 90. Art. 5, 1. 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] his office[s] for two years[, except as provided in section two of this article]. The secretary of state, treasurer, attorney-general and state engineer and surveyor shall be appointed by the governor and shall hold their offices during the governor's pleasure. Each * For Art. 5, 2, see p. 88. 326 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments 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 or appointed; nor shall he receive to his use aiiy fees or perquisites of office or other compensation. No person shall be [elected] appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2. The first [election] appointment of the secretary of state, [comptroller,] treasurer, attorney-general and state en- gineer 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.] made by the governor chosen at the general election in the year, one thousand nine hundred and sixteen. 1913. S. No. 1240 (Int. 1082). (Same as A. No. 1611.) S. J. 466. A. No. 1611 (Int. 1455). (Same as S. No. 1240.) A. J. 776. Art. 4, 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for considera- tion. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He may at any time remove from office any state officer appointed by a governor of New York state or by the head of any state department, bureau or commission, other than a judicial officer or an officer appointed by the legislature or by either house thereof, the method of whose removal is not elsewhere prescribed in this constitution; but unless he be authorized by law to remove any such officer at his pleasure, the governor shall in each case give to the officer removed a statement in writing of the reasons for II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 327 Composite Amendments his removal and an, opportunity to be heard in his own behalf. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for. his use a suitable and furnished executive residence. Art. 5, 1. The secretary of state, comptroller, treasurer, attorney-general [and], state engineer and surveyor, superintend- ent 'of public ivorks and superintendent of state prisons 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.] appointed by the governor and shall hold their offices during the governor s pleasure, provided that the governor shall have power to remove the comptroller only after giving him a statement in writing of the reasons for such removal and an opportunity to be keard in his own behalf. Each of the officers [in this article] named[, excepting the speaker of the assembly ,]i in this section 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] his continuance in office, and shall give security in such amount, a,nd with such sureties, as shall be required by law for the faithful discharge of his duties; nor shall he receive to his use any fees or perquisites of office or other compensation. ISTo person shall be [elected]' appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2. The first [election of the secretary of state, comp- troller,* attorney-general and state engineer and surveyor,] ap- pointment, pursuant to this article, of the officers named in section one thereof shall be [held in the year one thousand eight hun- dred 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.] made by the governor chosen at the general election in the year nineteen hundrd and fourteen, but the superintendent of state prisons who shall be in office on the first day of January in the year nineteen hundred and fifteen shall, unless sooner removed by the governor, hold office for the full term for which he shall have been appointed. * Word ' ' treasurer " as in original constitution omitted evidently by mistake. 328 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments (This concurrent resolution also included a proposal to repeal 3, 4 and 7 of Art. 5 and to renumber 5, 6, 8, and 9 as 3, 4, 5 and 6 respectively.) Art. 8, 12. The members of the said board and of the said commission shall be appointed by the governor, by and with the advice and consent of the senate; and any member may be re- moved from office by the governor [for cause], a statement in writing having been furnished him of the reasons for his removal and an opportunity having been given him to be heard in his [defense] own behalf. Art. 10, 9. No officer whose salary is fixed by the constitu- tion shall receive any additional compensation. Each of the other state officers named in the constitution who shall have been ap- pointed or elected for a fixed term shall, during his continuance in office, receive a compensation to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. Art. 11, 4. The governor shall appoint the chiefs of the sev- eral staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commis- sions to expire with the term for which the governor shall have been elected ; he shall also [nominate, and with the consent of the senate] appoint[,] all major-generals. Art. 11, 6. The commissioned officers shall be commissioned by the governor as commander-in-chief. No commissioned offi- cer shall be removed from office during the term for which he shall have been appointed or elected, unless [by the senate on the recommendation of the governor, stating the grounds on .which such removal is recommended, or] by the sentence of a court-mar- tial, or upon the findings of an examining board organized pur- suant to law, or for absence without leave for a period of six months or more. 1911. S. No. 2240 (Int. 1657). S. J. 2237, 2277. 1912. S. No. 192 (Int. 189). (Same as A. No. 197.) S. J. 49. A. No. 197 (Int. 195). (Same as S. No. 192.) A. J. 66, 941, 1033, 1460. 1913. S. No. 344 (Int. 337). (Same as A. No. 540.) S. J. 88. A. No. 540 (Int. 526). (Same as S. No. 344.) A. J. 172, 2007. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 329 Composite Amendments Art. 4, 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for considera- tion. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He may at any time remove from office any state officer appointed by a governor of the state or by the head of any state department, bureau or commission^, other than a judicial officer or an officer appointed by the legislature or by ^either house thereof, the method of whose removal is not elsewhere prescribed in this constitution; but unless he be authorized by law to remove any such officer at his pleasure, the governor shall in each case give to the officer removed a statement in writing of the reasons for his removal and an opportunity to be heard in his own behalf. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. Art. 5, 1. The secretary of state, comptroller, treasurer, attorney-general, [and] state engineer and surveyor, superintend- ent of public works and superintendent of state prisons 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.] appointed by the governor and shall hold their offices dur- ing the governor's pleasure, provided that the governor shall have power to remove the comptroller only after giving him a statement in writing of the reasons for such removal and an opportunity to be heard in his own behalf. Each of the officers [in this article]! named, [excepting the speaker of the assembly,] in this section shall, at stated times [during his continuance in office], receive for his services a compensation which shall not be [increased or] diminished during i[the term for which he shall have been elected]; his continuance in office, and shall give security in such amount, and with such sureties, as shall be required by law for the faithful discharge of his duties; nor shall he receive to his 330 XEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments use any fees or perquisites of office or other compensation. Xo person shall be [elected] appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2. The first [election of the secretary of state, comp- troller, treasurer, attorney-general and state engineer and sur- veyor,] appointment, pursuant to this article, of the officers named in section one thereof 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.] made ~by the governor chosen at the general election in the year nineteen hundred and sixteen, but the superintendent of state prisons who shall be in office on the first day of January in the year nineteen hundred and seventeen shall, unless sooner removed by the governor, hold office for the full term of which he shall have been appointed. (This concurrent resolution also included a proposal to repeal 3, 4 and 7 of Art. 5 and to renumber 5, 6, 8 and 9 as 3, 4, 5 and 6, respectively.) Art. 8, ' 12. The members of the said board and of the said commissions shall be appointed by the governor, [by and with the advice and consent of the senate] ; and any member may be re- moved from office by the governor [for cause],, a statement in writing having been furnished him of the reasons for his removal and an opportunity having bqen given him to be heard in his [defense] own behalf. Art. 10, 9. ~No officer w r hose salary is fixed by the constitu- tion shall receive any additional compensation. Each of the other state officers named in the constitution who shall have been ap- pointed or elected for a fixed term shall, during his continuance in office, receive a compensation to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed ; nor shall he receive to his use any fees or perquisites of office or other compensation. Art. 11, 4. The governor shall appoint the chiefs of the sev- eral staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commis- sions to expire with the term for which the governor shall have been elected ; he shall also [nominate, and with the consent of the senate] appoint[,] all major-generals. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 331 Composite Amendments Art. 11, 6. The commissioned officers shall be commissioned by the governor as commander-in-chief. No commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless [by the senate on the rec- ommendation of the governor, stating the grounds on which such removal is recommended, or] by the sentence of a court-martial, or upon the findings of an examination [examining] board or- ganized pursuant to law, or for absence without leave for a pe- riod of six months or more. 1914. A. No. 278 (Int. 278). (Same as A. No. 372.) A. J. 106. A. No. 372 (Int. 370). (Same as A. No. 278.) A. J. 143. Art. 4, 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary oc- casions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every ses- sion the condition of the state and recommend such matters to it as he shall judge expedient. He shall transact all necessary busi- ness with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legis- lature, and shall take care that the laws are faithfully executed. He may at any time remove from office any state officer appointed by a governor of the state or by the head of any state department, bureau or commission, other than a judicial officer or an officer appointed by the legislature or by either house thereof, the method of whose removal is not elsewhere prescribed in this constitution; but unless he be authorized by law to remove any such officer at his pleasure, the governor shall in each case give to the officer re- moved a statement in writing of the reasons for his removal and an opportunity to be heard in his oiun behalf. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished ex- ecutive residence. Art. 5, 1. The [secretary of state,] *comperollerr[, treas- urer, 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] his * So in original. PABT II 12 332 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments officers] for two years, except as provided in section two of this article. The secretary of state,, treasurer., attorney-general arid engineer and surveyor shall be appointed by the governor and shall hold office until the end of the term of the governor by whom they were nominated, and until his successor is appointed and qualifies. Each of the officers in this article named, except the speaker of the assembly shall, at stated times during his contin- uance in office, receive for his services a compensation that shall not be [increased or] diminished during [the term for which he shall have been elected] his continuance in office,, and shall give security in such amount., and with such sureties, as shall be re-* quired by law for the faithful discharge of his duties; nor shall he receive to his use any fee or perquisites of office or other com- pensation. No person shall be [elected] appointed to the office of state engineer and surveyor who is not a practical civil en- gineer. Art. 5, 2. The first election of the [secretary of state] comptr oiler [, 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] his term[s] 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] his successor[s] shall be chosen for the term of two years. The first appointment, of the officers named, in sec- tion one, shall be made by the governor chosen at the general elec- tion in the year one thousand nine hundred and sixteen. (This concurrent resolution also included a proposal to repeal 7 of Art. 5 and to renumber 8 and 9 as 7 and 8, re- spectively. ) Art. 10, 9. No officer whose salary is fixed by the constitu- tion shall receive any additional compensation. Each of the other state officers named in the constitution who shall have been appointed or elected for a fixed ierm shall, during his continu- ance in office, receive a compensation to be fixed by law which shall not be [increased or] diminished during the term for which he shall have been elected * or appointed ; nor shall he receive to his use any fees or perquisites of office or other compensation. 1914. A. No. 1414 (Int. 1280). A. J. 795. So in original. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 333 Composite Amendments Art. 4, 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary oc- casions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every ses- sion the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully exe- cuted. He may at any time remove from office any state officer appointed by a governor of the state or by the head of any state department, bureau or commission,, other than a judicial officer or an officer appointed by the legislature or by either house thereof, tlie method of whose removal is not elsewhere prescribed in this constitution; but unless he be authorized by law to remove any such officer at his pleasure., the governor shall in each case give to the officer removed a statement in writing of the reasons for his removal and an opportunity to be heard in his own behalf. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and fur- nished executive residence. Art. 5, 1. The secretary of state, [comptroller,] treasurer, attorney-general [and], state engineer and surveyor, superin- tendent of public works and superintendent of state prisons shall be [chosen at a general election, at the times and places of elect- ing the governor and lieutenant-governor and shall hold their offices for two years, except as provided in section two of this article.] appointed by the governor, by and with the consent of the senate, and shall hold their offices during the governor's pleas- ure. The comptroller shall be chosen at a general election at the times and places of electing the governor and lieutenant-governor and shall hold his office for two years. The comptroller in office when this amendment takes effect shall continue in office until the expiration of his term, and his successor shall be chosen by elec- tion at the preceding election of a governor before the expiration of such term. Each of the officers [in this article] named, [ex- cepting the speaker of the assembly,] in this section shall, at stated times [during his continuance in office], receive for his 334 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments services a compensation which, shall not be [increased or] dimin- ished during [the term for which he shall have been elected] his continuance in office, and shall give security in such amount, and with such sureties, as shall be required by law for the faithful discharge of his duties; nor shall he receive to his use any fees or perquisites of office or other compensation. Xo person shall be [elected] appointed to the office of state engineer and surveyor who is not a practical civil engineer. Art. 5, 2. The first [election of the secretary of state, comptroller, treasurer, attorney-general and state engineer and sur- veyor,] appointment, pursuant to this article, of the appointive officers named in section one thereof 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 thou- sand eight hundred and ninety-eight, and every two years there- after, their successors shall be chosen for the term of two years.] made by the governor chosen at the general election in the year nineteen hundred and sixteen, but the superintendent of state prisons who shall be in office on the first day of January in the year nineteen hundred and seventeen shall, unless sooner removed by the governor, hold office for the full term of ivhich he shall have been appointed. (This concurrent resolution also included a proposal to repeal 3, 4 and T of Art. 5 and to renumber 5, 6, 8 and 9 as 3, 4, 5 and 6, respectively.) Art. 8, 12. The members of the said board and of the said commission shall be appointed by the governor, by and with the advice and consent of the senate ; and any member may be removed from office by the governor [for cause] , a statement in writing having been furnished him of the reasons for his re- moval and an opportunity having been given him to be heard in his [defense] own behalf. Art. 10, 9. No officer whose salary is fixed by the constitu- tion shall receive any additional compensation. Each of the other state officers named in the constitution who shall have been appointed or elected for a fixed term shall, during his continuance in office, receive a compensation to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. II] AMENDMENTS ADOPTED AND PKOFOSED, 1895-1914 335 Composite Amendments Art. 11, 4. The governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the governor shall have been elected; he shall also [nominate, and with the consent of the senate]' appoint[,] all major-generals. Art. 11, 6. The commissioned officers shall be commissioned by the governor as commander-in-chief. Xo commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless [by the senate on the recom- mendation of the governor, stating the grounds on which such re- moval is recommended, or] by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more. 1914. S. No. 1585 (Int. 3184). S. J. 102, 756. 9. Appointment or election of city officers and county officers in city of New York term removal Art. 10, 1. Sheriffs, clerks of counties, district attorneys and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in [the] counties in the city of Xew York [and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the legislature shall direct]. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the .term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. Art. 10, 2. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All [city,] town and village officers, whose election or ap- pointment is not provided for by this constitution, shall be elected 336 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments by the electors of such [cities,] towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. The mayor, members of the board of aldermen or common council or other legislative governing ~body, and supervisors of every city, and judges or jus- tices of inferior city courts which have heretofore been chosen by election, shall continue to be elected by the electors of the city or proper division thereof. All other officers of the city, or of a division thereof, shall hereafter be appointed by the mayor; and in the city of New York all county officers, except judicial officers, shall be appointed in like manner. City and county officers ap- pointed by the mayor under the .provisions of this section shall hold office until removed by the mayor, and the mayor may remove any such officer whenever in his judgment the public interests shall so require. Such city and county officers heretofore elected for definite terms shall hold office until the expiration of such terms, but their successors shall be appointed as in this section provided. All other officers, whose election or appointment is not provided for by this constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct. Art. 10, 4. The time of electing all elective officers named in this article shall be prescribed by law. Art. 12, 3. All elections of elective city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, [and of county officers elected in the counties of New York and Kings, and in all counties whose bound- aries are the same as those of a city, except to fill vacancies,] shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would other- wise expire ; the terms of office of all such officers, which under ex- isting laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 337 Composite Amendments year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. 1914. A. No. 277 (Int. 277). A. J. 106. 10. Restricting legislation as to cities municipal control of public utilities Art. 3, 30. (Proposal to add the following new section:) The legislature shall itself have no power to pass any law providing, within the corporate limits of any city, for the following public services. (1) Street railways, whether surface, elevated or sub- surface; (2) sewers; (3) water; (4) gas, whether for light, fuel or other purposes; (5) electricity, whether for light, heat, power or other purposes; (6) bridges; (7) ferries; (8) docks, including warehousing and graving or any of them; but laws shall be made to effectuate section four of article twelve of this constitution pro- vided that no law shall become effective in the premises, except as to a city or cities, the officers or bodies of ivhich that have charge of the appropriations of its or their public funds, shall have re- quested or concurred in such law. Art. 8, 10. (Proposal to add the following:) ^Provided that under the provision of section four of article twelve of this con- stitution, any city may become indebted for the purpose of invest- ment in plant realty, personalty or franchises of the public services enumerated by such section four or any one or more of them to an extent in addition to ten per centum of such as- sessed valuation of the real estate of such city subject to taxation, equal to the amount of the indebtedness incurred for water supply: and dock purposes or either of them and luhether heretofore or hereafter incurred, provided, as to any portion of such additional indebtedness, so permitted, that it shall have been authorized by a majority vote of the electors of said city; provision for taking which shall be made by law. Art. 12, 4. (Proposal to add the following new section:) Any, city in the discretion of those officers or bodies in such city that have charge of the appropriation of its public funds, may provide, by direct operation or contract, for the following public services within its corporate limits, (1) street railways, whether surface, For Art. 8, 10 as proposed to be amended, see p. 200. 338 NEW YOKE STATE CONSTITUTION ANNOTATED [Part * Composite Amendments elevated or subsurface; (2) sewers; (3) water; (4) gas, whether for light, fuel or other purposes; (5) electricity, whether for light, heat, power or other purposes; (6) bridges; (7) ferries; (S) docks, including warehousing and graving, or any thereof; and to that end may acquire by purchase or condemnation, such real estate, franchise rights and other property as may be needed therefor. 1904. A. No. 500 (Int. 459). A. J. 220. Art. 3, 30. (Proposal to add the following new section:) The legislature shall itself have no power to pass any law providing, within the corporate limits of any city,, for the following public services, (1) street railways, whether surface, elevated or sub- surface; (2) sewers; (3) water; (4) gas, whether for light, fuel or other purposes ; (5) electricity, whether for light, heat or power or other purposes; (6) bridges; (7) ferries; (8) doclcs, including warehousing and graving; or any of them, but laws shall be made to effectuate section four of article twelve of this constitution; pro- vided that no law shall be made in the premises, except at the re- quest or with the concurrence of those officers or bodies of the city or cities affected that have charge of the appropriation of its or their public funds. Art. 12, 4. (Proposal to add the following new section :) Any city in the discretion of those officers or bodies in such city that have charge of the appropriation of its public funds, may pro- vide, by direct operation or contract, for the following public serv- ices within its corporate limits, (1) street railways, whether sur- face, elevated or subsurface; (2) sewers; (3) water; (4) gas,, whether for light, fuel or other purposes; (5) electricity, whether, for light, heat, power or other purposes; (6) bridges; (7) ferries; (8) docks, including warehousing and graving; or any thereof; and to that end may acquire by purchase or condemnation such real estate, franchise rights and other property as may be needed therefor. 1906. S. No. 13 (Int. 13). (Same as A. No. 8.) S. J. 13. A. No. 8 (Int. 8). (Same as S. No. 13.) 11. Municipal home rule Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 339 Composite Amendments their powers of taxation, assessment, borrowing money, contract- ing debts, and loaning their credit, so as to prevent abuses in as- sessments, and in contracting debt by such municipal corporations. Art. 12, 2. [All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand ; the third class, all other cities. Laws relating to the property, affairs and government of cities, and the several depart- ments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class.] Subject to the limita- tions contained in the constitution and in such laws of the state as are applicable to all persons or all persons of a class persons throughout the state and in any law applicable to any city or cities of the state as hereafter enacted in the manner hereinafter pro- vided, every city within the state shall be vested with power to acquire, hold, manage, control and dispose of property, to license and regulate all trades, occupations and businesses and to perform and render all public services, and with all powers of government. Every city within the state shall be vested with power to prescribe for all city employees and for all employees of contractors or of subcontractors or of others performing work for the city, the maxi- mum number of hours in their work day and the rate of their com- pensation and may provide that in each occupation concerned the compensation so paid shall not be below the prevailing local rate of wages* Art. 12, 3.\ [Special city laws] No law applicable to any city or cities within the state shall [not] be passed except in conformity with the provisions of this section. After any bill for a [special] city law [relating to a city] has been passed by both branches of the legislature the house in which it originated shall immediately transmit a certified copy thereof to the mayor of [such] the city or cities affected thereby, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent [or] and if the session of the legislature at which such * The remainder of original $ 2 is contained in proposed new $ 3. t Proposed new $ 3 contains part of original $ 2. 340 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city [of the first class] the mayor or such other local authority as the charter may provide [and in every other city the mayor and the legislative body thereof concur- rently] shall act for such city as to such bills. [; but the legislature may provide for the concurrence of the legislative body in cities of the first class.] The legislature shall provide for a public notice and an opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided by every such city. Whenever any such bill is accepted, as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever, during the session at which it [was] is passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legisla- ture, by the affirmative vote of two-thirds of all the members of each such branch of the legislature,, and it shall then be subject, as are other bills, to the action of the governor. In every [special] city law which has been accepted by the city or cities to which it relates the title shall be followed by the words " accepted by the city of " or " cities of /'as the case may be; in every such law which is passed without such accep- tance, by the words " passed without the acceptance of the city of " or " cities of /'as the case may be. Art. 12, 4- (Proposal to add the following new section:) Subject to the limitations contained in the constitution and in such laws of the state as are applicable to all persons or persons of a class throughout the state and in any law applicable to any city or cities of the state as hereafter enacted in the manner hereinbe- fore provided, any city may adopt its own charter in the following manner: The legislative body of any city may, and, on a petition therefor, filed in the office of the mayor, signed by qualified voters of the city equal in number to two per centum of those voting at the last preceding election, must provide by ordinance for an elec- tion to take place not less than thirty d-ayx nor nwre than ninety II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 341 Composite Amendments days thereafter, of a board of not less than ten nor more than thirty members to prepare and propose a charter for such city. It shall be the duty of said board within one year thereafter to prepare and propose a charter for such city, which shall be signed in duplicate by the members thereof or a majority of them, and returned, one copy thereof to the mayor, and the other to the secretary of state. Such proposed charter shall then be published daily in two papers of general circulation in such city for at least ten days, and within not less than thirty days and not more than ninety days after such publication, shall be submitted to the qualified voters of such city at a special or general municipal election, and the legislative body of said city shall provide by ordinance for the holding of such spe- cial election unless a general municipal election shall be held within the time hereinbefore prescribed. If a majority of the qualified voters of the city voting thereon shall ratify the same, it shall thereafter be submitted to the legislature for its approval or re- jection as a whole without power of alteration or amendment. Such approval may be made by a concurrent resolution, and if approved by a majority vote of the members of each house, it shall, upon the first day of January next succeeding the date of approval, become the charter of such city and the organic law thereof, and shall supersede and repeal all laws inconsistent therewith except laws applicable to all persons or classes of persons throughout the state, and shall repeal any existing charter and all amendments thereof, provided however, that until the said first day of January all laws affecting said city shall remain in full force and effect. A copy of such charter duly certified by the mayor of such city, setting forth its submission to the legally qualified voters of the city and its ratification by them, shall be made in duplicate, and deposited, one in the office of the secretary of state, and the other among the archives of the city. The charter so adopted may be amended at intervals of not less than two years by proposals there- for which the legislative body of said city may submit at the next city election, held at least sixty days after the adoption of the pro- posed amendments. When requested by a petition filed in the office of the mayor, signed by qualified voters of said city equal in num- ber to two per centum of those voting at the last preceding city election, the legislative body of said city must submit, at intervals of not less than two years, at the next city election, the amendments proposed in the petition. Each such proposed amendment before 342 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments it goes into effect must be ratified by a majority of the qualified voters voting thereon and approved by the legislature a-s herein pro- vided for the adoption of the charter. In submitting any such pro- posal any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately ivithout prejudice to others. Art. 12, 5.* All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd- numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even- numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. 1904. S. No. 1127 (Int. 852). (Same as A. No. 1773.) S. J. 888. A. No. 1773 (Int. 1277). (Same as S. No. 1127.) A. J. 1640. Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to re- strict their power of taxation, assessment, borrowing money, con- tracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal cor- porations^ and the legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons employed by the state or by any county, city, town, village or other civil division of the * Proposed new $ 5 is identical with original 3. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 343 Composite Amendments state, or by any contractor or subcontractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof]. Art. 12, 2. All cities are classified according to the latest state enumerations, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand or more; the second class, all cities having a popu- lation of fifty thousand and less than two hundred and fifty thou- sand ; the third class, all other cities. [Laws relating to the prop- erty, affairs [or] and government of cities, and the several depart- ments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a sin- gle city, or to less than all the cities of a class.] Subject to the limitations contained in the constitution and in such laws of the state as are applicable to all persons or all persons of a class, throughout the state and in any law applicable to any city or cities of the state as hereafter enacted in the manner herein- after provided, every city within the state shall, by the adoption of a charter as hereinafter provided, be and become vested with power to acquire, hold, manage, control and dispose of property, to license and regulate all trades, occupations and businesses and to perform and render all public services, and with all powers of municipal government; also with power to prescribe for all city employees and for all employees of contractors or of sub- contractors or of others performing work for the city, the maxi- mum number of hours in their workday and the rate of their compensation, and may provide that in each occupation concerned the compensation so paid shall not be below the prevailing local rate of wages.* Art. 12, #.f [Special city laws] No law applicable to any city or cities within the state shall [not] be passed except in conformity with the provisions of this section. After any bill for a [special] city law [relating to a city] has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of [such] the city or cities affected thereby, and within fifteen days thereafter the mayor shall return such bill to the house from which * The remainder of original $ 2 is contained in proposed new $ 3. t Proposed new $ 3 contains part of original 2. 344 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments it was sent [or] and if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city [of the first class] the mayor or such other local authority as the charter may provide [and in every other city the mayor and the legislative body thereof concurrently] shall act for such city as to such bill; [but the legislature may provide for the concurrence of the legislative body in cities of the first class.]: The legislature shall provide for a public notice and an opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided by every such city. Whenever any such bill is accepted, as herein provided, it shall be subject, as are other bills, to the action of the governor. When- ever, during the session at which it is passed, any such bill is re- turned without the acceptance of the city or cities to which it re- lates, or within such fifteen days is not returned, it may neverthe- less again be passed by both branches of the legislature, by the af- firmative vote of two-thirds of all the members of each such branch of the legislature, and it shall then be subject, as are other bills, to the action of the governor. In every [special] city law which has been accepted by the city or cities to which it relates the title shall be followed by the words " Accepted by the city of ," or " cities of /'as the case may be; in every such law which is passed without such acceptance, by the words " Passed without the acceptance of the city of " or " cities of ," as the case may be. Art. 12, 4- Proposal to add the following new section:) Subject to the limitations contained in the constitution and in such laws of the state as are applicable to all persons or all persons of a class throughout the state and in any law appli- cable to any city or cities of the state as hereafter enacted in the manner hereinbefore provided, any city may adopt its own char- ter and successive charters at intervals of not less than two years, in the following manner: The legislative body of any city may, and, on a petition therefor, filed in the office of the mayor, signed by qualified voters of the city equal in number to two per centum of those voting at the last preceding election, must provide by II] AMENDMENTS ADOPTED AND PROPOSED, 18951914 345 Composite Amendments ordinance for an election by the qualified voters of the city to take place not less than thirty days nor more than ninety days there- after, of a board of not less than ten nor more than thirty mem- bers who shall be qualified electors of the city, to prepare and pro- pose a charter for such city. It shall be the duty of said board within one year thereafter to prepare and propose a charter for such city, which shall be signed in duplicate by the members thereof or a majority of them, and returned, one copy thereof to the mayor, and the. other to the secretary of state. Such pro- posed charter shall then be published daily in two papers of gen- eral circulation in such city for at least ten days, and within not less than thirty days and not more than ninety days after such publication, shall be submitted to the qualified voters of such city at a special or general municipal election, and the legisla- tive body of said city shall provide by ordinance for the holding of such special election unless a general municipal election shall be held withirb the time hereinbefore prescribed. If a majority of the qualified voters of the city voting thereon shall ratify the same, it shall thereafter be submitted to the legislature for its approval or rejection as a whole without power of alteration or amendment. Sucli approval may be made by a concurrent reso- lution, and if approval by a majority vote of the members of each house, it shall upon the first day of January next succeeding the date of approval, become the charter of such city and the organic law thereof, and shall supersede arid repeal all laws inconsistent therewith except laws applicable to all persons or classes of per- sons throughout the state, and shall repeal any existing charter and all amendments thereof, provided however, that until the said first day of January all laws affecting said city shall remam in full force and effect. A copy of such charter duly certified by the mayor of such city, setting forth its submission to the legally qualified voters of the city and its ratification by them, shall be made in duplicate, and deposited, one in the office of the secre- tary of state, and the other among the archives of the city. The charter so adopted may be amended at intervals of not less than two years by proposals therefor which the legislative body of said city may submit at the next city election, held at least sixty days after the adoption of an ordinance proposing such amend- ments. When requested by a petition filed in the office of the mayor, signed by qualified voters of said city equal in number to 346 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments two per centum of those .voting at the last preceding city election, the legislative body of said city must submit, at intervals of not less than two years, at the next city election, the amendments proposed in the petition. Each such proposed amendment before it goes into effect must be ratified by a majority of the qualified voters voting thereon and approved by the legislature as herein provided for the adoption of the charter. In submitting any such proposal any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately with- out prejudice to others. Art. 12, 5.* All elections of city officers, including super- visors and judicial officers of inferior local courts elected in any city, or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same, as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-num- bered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next fol- lowing the time when such terms would otherwise expire ; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. 1905. S. No. 140 (Int. 140). S. J. 59. Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal cor- porations. * Proposed new 5 is identical with original $ 3. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 347 Composite Amendments Art. 12, 2. All cities are classified according to the latest state enumerations, as from time to time made, as follows : The first class includes all cities having a population of two hundred and fifty thousand or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. [Laws relating to the property, affairs [or] and government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class.] Subject to the limitations contained in the constitution and in such laws of the state as are applicable to all persons or all persons of a class, throughout the state and in any law applicable to any city or cities of the state as hereafter enacted in the manner hereinafter pro- vided, every city within the state shall, by the adoption of a charter as hereinafter provided, be and become vested with power to acquire, hold, manage, control and dispose of property^ to license and regulate all trades, occupations and businesses and to perform and render all public services, and with all powers of municipal government; also with power to prescribe for all city employees and for all employees of contractors or of sub-con- tractors or of others performing work for the city, the maximum number of hours in their work-day and the rate of their compen- sation, and may provide that in each occupation concerned the compensation so paid shall not be below the prevailing local rate of wages* Art. 12, 3.\ [Special city laws] No law applicable to any city or cities within the state shall [not] be passed except in conform- ity with the provisions of this section. After any bill for a [special] city law [relating to a city] has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of [such] the city or cities affected thereby, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent [or] and if the session of the legislature at which such bill was passed has terminated, to the governor with the mayor's certificate thereon, stating whether the city has or has not * The remainder of original 2 is contained in proposed new 3. t Proposed new $ 3 contains part of original 2. 848 NEW YOKK STATE CONSTITUTION ANNOTATED [Part Composite Amendments accepted the same. In every city [of the first class] the mayor or such other local authority as the charter may provide [and in every other city the mayor and the legislative body thereof concur- rently] shall act for such city as to such bill ; [but the legislature may provide for the concurrence of the legislative body in cities of the first class.] The legislature shall provide for a public notice and an opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted, as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever, during the session at which it [was] is passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legis- lature, by the affirmative vote of two-thirds of all the members of each such branch of the legislature, and it shall then be subject, as are other bills, to the action of the governor. In every [special] city law which has been accepted by the city or cities to which it relates the title shall be followed by the words Accepted by the city of , or cities of , as the case may be; in every such law which is passed without such accept- ance, by the words Passed without the acceptance of the city of , or cities of , as the case may be. Art. 12, 4> (Proposal to add the following new section:) Subject to the limitations contained in the constitution and in such laws of the state as are applicable to all persons or all per- sons of a class throughout the state and in any law applicable to any city or cities of the state as hereafter enacted in the manner hereinbefore provided, any city may adopt its own charter and successive charters at intervals of not less than two years, in the following manner: The legislative body of any city may, and, on a petition therefor, filed in the office of the mayor, signed by qualified voters of the city equal in number to two per centum of those voting at the last preceding election, must provide by ordinance for an election by the qualified voters of the city to take place not less than thirty days nor more than ninety days II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 349 Composite Amendments thereafter, of a board of not less than ten nor more than thirty members who shall be qualified electors of the city, to prepare and propose a charter for such city. It shall be the duty of said board ivithin one year thereafter to prepare and propose a charter for such city, which shall be signed in duplicate by the members thereof or a majority of them, and returned, one copy thereof to the mayor, and the other to the secretary of state. Such pro- posed charter shall then be published daily in two papers of gen- eral circulation in such city for at least ten days, and within not less than thirty days and not more than ninety days after such publication, shall be submitted to the qualified voters of such city at a special or general municipal election, and the legislative body of said city shall provide by ordinance for the holding of such special election unless a general municipal election shall be held ivithin the time hereinbefore prescribed. If a majority of the qualified voters of the city voting thereon shall ratify the same, it shall thereafter be submitted to the legislature for its approval or rejection as a whole without power of alteration or amendment. Such approval may be made by a concurrent resolution, and if approved by a majority vote of the members of each house, it shall upon the first day of January next succeeding the date of approval, become the charter of such city and the organic law thereof, and shall supersede and repeal all laws inconsistent there- with except laws applicable to all persons or classes of persons throughout the state, and shall repeal any existing charter and all amendments thereof, provided however, that until the said first day of January all laws affecting said city shall remain in full force and effect. A copy of such charter duly certified by the mayor of such city, setting forth its submission to the legally qualified voters of the city and its ratification by them, shall be made in duplicate, and deposited, one in the office of the secre- tary of state, and the other among the archives of the city. The charter so adopted may be amended at intervals of not less than two years by proposals therefor which the legislative body of said city may submit at the next city election, held at least sixty days after the adoption of an ordinance proposing such amendments. When requested by a petition filed in the office of the mayor, signed by qualified voters of said city equal in number to two per centum of those voting at the last preceding city election, the legislative body of said city must submit, at intervals of not less 350 NEW YOEK STATE CONSTITUTION ANNOTATED [Part Composite Amendments than tivo years., at the next city election, the amendments pro- posed in the petition. Each such proposed amendment before it goes into effect must be ratified by a majority of the qualified voters voting thereon and approved by the legislature as herein provided for the adoption of the charter. In submitting any such proposal any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately with- out prejudice to others. Art. 12, 5.* All elections of city officers, including super- visors and judicial officers of inferior local courts elected in any city, or part of a city, and of county officers elected in the coun- ties of New York and Kings, and in all counties whose bounda- ries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, eigh- teen hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even- numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire ; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. 1905. A. No. 112 (Int. 112). A. J. 59. Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal cor- porations^],, by the passage of general laws applicable alike to all cities or to all incorporated villages, and the legislature shall not pass any special or local bill affecting the municipal govern- ment of a city or incomporated village. Nor shall the legislature * Proposed new $ 5 is identical with original 3. II] AMENDMENTS ADOPTED AND PKOPOSED, 1895-1914 351 Composite Amendments provide for the filling of any municipal office now existing, or hereafter to be created, other than by an election by the electors u'ithin such municipality, or by appointment by a duly elected officer of such municipality. The people of every city and incor- porated village shall have the power to organize their own munic- ipal government and to administer the same for municipal pur- poses, subject only to such general laws as the legislature may enact. But every existing law affecting the municipal govern- ment of a city or incorporated village shall remain in full force and effect until a bill to amend or repeal such law shall have been submitted to the people of the city or incorporated village affected by such law, at a general election, and shall have been voted for by a majority of the qualified electors of such city or incorporated village voting at such election. And the legislature shall pass a general law providing for the organization of their municipal governments by the people of all cities and incorporated villages, and for the preparation and adoption by the municipal authori- ties of cities or incorporated villages of 'bills for new municipal laws, and bills for the amending or repeal of such existing laws, and for the submission of such bills to the people of the cities or villages to be affected thereby, at general elections, for the ap- proval or disapproval of the electors thereof. And the legisla- ture may regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons employed by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one- hundred and seventy-five thousand or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand ; the third class, all other cities. [Laws relating to the property, affairs [of] or government of cities, and the several departments thereof, are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with 352 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments the provisions of this section. After any bill for a special city law relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legisla- ture at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently shall act for such city as to such bills, but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever during the session at which it was passed any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not re- turned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities/' as the case may be; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be.] Art. 12, 3. All elections of city officers, including super- visors and judicial officers of inferior local courts, elected in any city or part of a city and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall ex- pire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thou- II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 353 Composite Amendments sand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in [an] odd-numbered year and be- fore the end thereof, are extended to and including the last day of December next following the time when such terms would other- wise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply [to any city of the third class, or] to elections of any judicial officer, except judges and justices of inferior local courts. 1910. S. No. 1671 (Int. 947). S. J. 763, 1766. Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to re- strict their power of taxation, assessment, borrowing money, con- tracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corpora- tions^], by the passage of general laws applicable alike to all cities or to all incorporated villages., and the legislature shall not pass any special or local bill affecting the municipal government of a city or incorporated village. Nor shall the legislature pro- vide for the filling of any municipal office now existing, or here- after to be created, other than by an election by the electors within such municipality, or by appointment by a duly elected officer of such municipality. The people of every city and incorporated village shall have the power to organize their own municipal gov- ernment and to administer the same for municipal purposes, sub- ject only to such general laws as the legislature may enact. But every existing law affecting the municipal government of a city or incorporated village shall remain in full force and effect until a bill to amend or repeal such law shall have been submitted to the people of the city or incorporated village affected by such law, at a general election, and shall have been voted for by a majority of the qualified electors of such city or incorporated village voting at such election. And the legislature shall pass a general law providing for the organization of their municipal governments by the people of all cities and incorporated villages, and for the prep- aration and adoption by the municipal authorities of cities or 354 KEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments incorporated villages of bills for new municipal laws, and bills for the amending or repeal of such existing laws, and for the submis- sion of such bills to the people of the cities or villages to be af- fected thereby, at general elections, for the approval or disap- proval of the electors thereof. And the legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons em- ployed by the State or by any county, city, town, village or other civil division of the State, or by any contractor or subcontractor performing work, labor or services for the State, or for any county, city, town, village or other civil division thereof. Art. 12, 2. All cities are classified according to the latest state enumeration, as from to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand; the third class, all other cities. p.aws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws ; general city laws are 'those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the pro- visions of this section. After any bill for a special city law, re- lating to a city, has been passed by both branches of the Legisla- ture, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fif- teen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof con- currently, shall act for such city as to such bills ; but the Legisla- ture may provide for the concurrence of the legislative body in cities of the first class. The Legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed II]- AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 355 Composite Amendments accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the Governor. When- ever, during the session at which it was passed, any such bill is re- turned without the acceptance of the city or cities to which it re- lates, or within such fifteen days is not returned, it may neverthe- less again be passed by both branches of the legislature, and it shall then* be subject as are other bills, to the action of the Gover- nor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or " cities," as the case may be; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be. J Art. 12, 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall ex- pire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thou- sand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even- numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire ; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply [to any city of the third class, or] to elec- tions of any judicial officer, except judges and justices of inferior local courts. 1911. S. No. 203 (Int. 199). To Sec. of State. S. J. 84, 1746, 2358, 2472. A. J. 4047, 4178, 4182, 4213. 1913. A. No. 480 (Int. 475). A. J. 143. Art. 12, 1. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to 356 XEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corpora- tions; and the legislature may regulate and fix the wages or sal- aries, the hours of work or labor, and make provision for the pro- tection, welfare, and safety of persons employed by the state or by any county, [city] town, village, or other civil division of the state, or by any contractor or subcontractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof. Art. 12, 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand ; the third class, all other cities. All Z[I/|aws relating to the property, affairs or government of cities, and the several departments thereof are included in the term " city laws " as used in this article and are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city or to less than all the cities of a class. Special city lawa shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days there- after the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's cer- tificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city the mayor and the legislative body thereof concurrently, shall act for such city as to such bill ; but the legislature may pro- vide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 357 Composite Amendments unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned with- out the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed [by both] with the assent of two-thirds of the members elected to each branch[esj of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities," as the case may be; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be. Art. 12, 3. (Proposal to add the following new section:) It shall be the duty, of the legislature, within two years after the adoption of this section, to consolidate all general city laws into three statutes, each containing the law relating to all the cities of one class. Thereafter, no general city law shall be enacted, except by repeal or amendment of or addition to one or more of said statutes. Every city law not enacted in such form shall be] a special city law within the meaning of section two of this article. The legislature shall not pass any* special city law providing for the incorporation of any city, or fixing the wages or salaries of officers or employees of any city, or appropriating the funds of any city\, or relieving or authorizing the relief of any person or persons from any assessment or tax or any part thereof thereto- fore imposed or assessed by any city, or from any debt, liability or obligation to any city, or creating or abolishing any city office or prescribing the duties thereof. Art. 12, 4. (Proposal to add the following new section:) The legislature shall, within two years after the adoption of this sec- tion, make provision by general city laws whereby any city may draft, adopt and amend its own charter. Such charter shall be drafted by commissioners appointed by designated officer, officers or official body of the city, or by convention of delegates elected by the electors at a special election and by ballot containing no party designations. Such laws shall permit the drafting of such charter to be initiated by petition of electors and a special elec- tion held to determine whether xurh charter shall be drafted and 358 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments whether the drafting thereof shall be by commissioners or ~by con- vention as aforesaid; and shall also provide means ivhereby in the absence of such petition such charter may be drafted by either of said methods, as the legislature may prescribe, or, in the dis- cretion of the legislature, that the electors may determine ichich of said methods shall be employed. Such laws shall permit amend- ments to any such charter to be initiated by the electors, and may, in the discretion of the legislature, also provide for their initiation by designated officer, officers or official body of the city. Such charter or amendments shall be submitted for adoption to vote of the electors, after having been published for a period and in a manner to be fixed by the legislature, but no such period shall be less than three months. Art. 12, 5. (Proposal to add the following new section:) A special city charter adopted or amended as aforesaid shall super- sede all existing provisions of any city law ivhich shall be incon- sistent therewith, and shall not be subject to amendment or repeal by\ any city law except pursuant to the provisions of section four of this article. Art. 12, 6. (Proposal to add the following new section:) Sub- ject to the constitution and laivs of this state, every city and village of this state shall have and is hereby granted full power to regulate its own property, affairs and government, and no enumeration of powers contained in any law of this state or in any charter adopted by the voters of such city shall be deemed to limit or restrict the general grant of powers hereby conferred. Art. 12, [3] 7. *A11 elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and if county officers elected in the counties of New York and Kings, and in all counties whose bound- aries are the same as those of a city, except to till vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, 1895, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd- numbered year and before the end thereof, are extended to and in- cluding the last day of December next following the time when * Proposed new $ 7 is identical with original 3. II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 359 Composite Amendments such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-num- bered year, and before the end thereof, are abridged so as to ex- pire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. 1912. S. No. 1512 (Int. 1253). S. J. 1048. Art. 12, 1. (Proposal to substitute the following:) Each city and each village shall have full power to regulate its own property, affairs and government,, subject to this constitution and the laws of the state. No enumeration of powers contained in any law shall be deemed to limit or restrict the general grant of powers hereby conferred. Art. 12, [ 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand or more ; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand ; the third class, all other cities. Laws relat- ing to the property, affairs of government of cities, and the several departments thereof, are divided into general and special city laws ; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legisla- ture at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative bpdy in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning 360 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city, to which it relates, and shall not be, deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned it may never- theless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the gov- ernor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city " or " cities," as the case may be ; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be.] Art. 12, 2. (Proposal to substitute the following:) Each city and each village shall have power to adopt and amend local laws regulating its local affairs and property, the powers, duties, mode of selection, terms of office and compensation of all city or village officers, the transaction of its business, the incurring of its obliga- tions, the acquisition, care and management of its property, includ- ing public utilities, and the government and regulation of the con- duct of its inhabitants and the protection of their property, safety, health, comfort and general welfare, not inconsistent with the con- stitution and general laws of the state. Such local laws shall be drafted by commissioners appointed by designated officers or official body of the city or village, or by convention of delegates elected at a special election by means of ballots containing no party designations, or by convention composed partly of commissioners and partly of delegates. The drafting of any such local law may be initiated by petition of electors for a special election to deter- mine whether such local law shall be drafted and whether the draft- ing shall be by commissioners or by convention. The legislature shall also provide means whereby, in the absence of a petition local laws may be drafted by either method, as the legislature may pre- scribe, or may direct that the electors may determine which method shall be employed. Amendments to any, such local law may be initiated and adopted as herein provided for the initiation and II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 361 Composite Amendments adoption of such local laws. Every such local law or amendment shall be submitted to the electors for adoption, after having been published for a period and in a manner to be prescribed by the legislature, but no such period shall be less than three months. Every local laiv or amendment thereto so adopted shall supersede all inconsistent provisions of any law other than general laws applying alike to all cities or all villages. The provisions of this article shall not, however, be deemed to restrict the power of the legislature to regulate matters of state concern as distinguished from matters relating to the property, affairs or government of cities or villages. The legislature shall, at its next session after, this section shall become part of the constitution, provide by law for carrying into effect the provisions of this section. Art. 12, 3. (Proposal to substitute the following:) The legis- lature shall not pass any law relating to the property, affairs or government of cities or villages or one or more counties lying wholly within a city, which shall be special or local either in its terms or in its effect, but all laws hereafter passed relating to the property, affairs or government of any city or village or any county lying wholly within a city shall be general laws and shall in terms and in effect apply alike to all cities or to all villages, except that the legislature may grant to one or more cities or villages addi- tional powers not granted to all cities or villages, but no such grant of powers shall go into effect in any city or village until it has been approved by a vote of the electors of such city or village. Art. 12, 4. [1] It shall be the duty of the legislature by such general laws to provide for the organization of cities and incorpo- rated villages, and to restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations and to provide by such a general law for the conditions under which and the method by which villages may incorporate as ct*fa"es[;]. [and tJTTie legislature may by such general laws regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons employed by the state or by any county, [city] town, village or other civil division of the state, or by any con- tractor or sub-contractor performing work, labor or services for the state, or for any county, city, town, village or other civil di- vision thereof [.], excepting that the legislature shall not pass any 362 NEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments law regulating the amount of compensation of officers or employees of cities or villages or counties wholly within a city. Art. 12, 5 [3]. All elections of city officers, including super- visors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected [in the counties of New York and Kings, and] in all counties wholly within a city or whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. [The terms of office of all such officers elected before the first day of January, eighteen hundred and ninety-five, whose successors have not [then] been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and be- fore the end thereof, are extended to and including the last day of December next following the time when such terms would other- wise expire; the terms of office of all such officers, under which the existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year.] This section shall not apply [to any city of the third class or] to elections of any judicial officer, ex- cept judges and justices of inferior local courts. 1913. S. No. 1206 (Int. 1060). S. J. 444. Art. 12, 1. (Proposal to substitute the following:) Each city and each village shall have full power to regulate matters re- lating to its own property, affairs and government,, subject to this constitution and the laws of the state. No enumeration of powers contained in any law shall be deemed to limit or restrict the general grant of powers hereby conferred. Art. 12, 2. (Proposal to substitute the following:) Each city and each village shall have power to adopt and amend local laws not inconsistent with the constitution and general laws of the State,, providing for the exercise of the powers granted by this constitution or by the laws of the State and relating to the local affairs and property of the city or village,, the powers, duties, mode of selection, terms of office and compensation of all city or village officers and employees, the transaction of its business, the incurring of its obligations, the acquisition, care and management of its property, including public utilities, and the government and II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 363 Composite Amendments regulation of the conduct of its inhabitants and the protection of the conduct of their property, safety, health , comfort and general welfare. Such local laws and amendments thereto shall be known and designated as " local municipal laws " to distinguish them from local laws passed by the senate and assembly. Such local municipal latvs shall be drafted by commissioners appointed by designated officers or official body of the city or village or by convention of delegates elected at a special election by bal- lots containing no party designations or by convention composed partly of commissioners and partly of delegates. A petition by electors of a city or village, in such number or proportion as shall be prescribed by the legislature, may require the calling of a special election to determine whether a local municipal law shall be drafted, and vjhether the drafting shall be by commissioners, by a convention of delegates, or by a convention composed partly of commissioners and partly of delegates, and the legislature shall provide by general law for such special elections. The legislature shall also provide means whereby in the absence of any such peti- tion, the drafting of local municipal laws may be required by action of officers or official body of a city or village, and shall pre- scribe by which of the aforesaid methods such local municipal laws shall after the taking of such action be drafted, or the legislature may direct that the method of drafting be determined by the elec- tors at a special election, or by officers or official body of the city or village. Every local municipal law shall be submitted to the electors of the city or village for adoption after publication for a period and in a manner to be prescribed by general law, but no such period shall be less than three months. Every local municipal law so adopted shall supersede and repeal, so far as the city and village adopting it is concerned, all inconsistent provisions of any law other than general laws applying alike to all cities or to all villages. A local municipal law may delegate to officers or official body of the city or village power to regulate by ordinance, reso- lution or by-law any matter which may be the subject of a local municipal law; the drafting and adoption of such ordinances, reso- lutions, or by-laws shall be regulated by law and the provisions of this article regarding the drafting and adoption of local municipal laws shall not be applicable thereto. The legislature shall, at its next session after this section shall become part of the constitution, provide by general law for carrying into effect the provisions of this section. PART 1113 364: XEW YORK STATE CONSTITUTION ANNOTATED [Part Composite Amendments Art. 12, [ 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand ; the third class, all other cities. Laws relat- ing to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes ; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's cer- tificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill ; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein, provided, by every such city. When- ever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. When- ever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned it may nevertheless again be passed by both branches of the legis- lature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been ac- cepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city " or " cities," as II] AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 365 Composite Amendments the case may be; in every such law which is passed without such acceptance, by the words " passed without the acceptance of the city," or " cities," as the case may be.] Art. 12, 3. (Proposal to substitute the following:) The legis- lature shall not pass any law relating to the property, affairs or gov- ernment of cities or villages or one or more counties lying wholly within a city, which shall be special or local either in its terms or in its effect, but all laws hereafter passed relating to the prop- erty, affairs or government of any city or village or any county lying wholly within a city shall be general laws and shall in terms and in effect apply alike to all cities or to all villages. Art. 12, [1]4- It shall be the duty of the legislature by such general laws to provide for the organization of cities and incorpo- rated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations and to provide by such a general law for the conditions under which and the method by which villages may incorporate as cities >[;]. [and tJTTie legislature may by such general laws regulate and fix the wages or salaries, the hours of work or labor, and make provision for the protection, welfare and safety of persons employed by the state or by any county, [city,] town, village or other civil division of the state,* or by any county [city,] town, village or other civil division of the state, or by any contractor or sub-contractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof [.], excepting that the legislature shall not pass any law regulating the amount of compensation of officers or employees of cities or village or counties wholly within a city. Art. 12, 5. (Proposal to add the following new section:) The provisions of this article shall not be deemed to restrict the power of the legislature to regulate matters of state concern as dis- tinguished from matters relating to the property, affairs or gov- ernment of cities or villages. Art. 12, [3] 6. All elections of city officers, including super- visors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected [in the counties of New York and Kings, and] in all counties wholly within a city or whose boundaries are the same as those of [a] the city, except * So in original. 366 NEW YORK STATE CONSTITUTION ANNOTATED [Part II] Composite Amendments to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. [The [terms] term of office of all such officers elected before the first day of January, eighteen hundred and ninety- five, whose successors have not [then] been elected, which un- der existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are ex- tended to and including the last day of December next follow- ing the time when such terms would otherwise expire; the terms of office of all such officers, [which under] under which the ex- isting laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year.] This section shall not apply [to any city of the third class or] to elections of any judicial officer, except judges and justices of inferior local courts. 1914. S. No. 722 (Int. 674). (Same as A. No. 1666.) S. J. 211. A. No. 1666 (Int. 827). (Same as S. No. 722.) A. J. 397. INDEX PART II AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 [367] INDEX PART II AMENDMENTS ADOPTED AND PROPOSED, 1895-1914 Amendments: see Constitution PAGE Appeals 3, 6 Appellate division: see Supreme court Appropriations 311 Assemblymen: additional 47, 61 apportionment 310, 311 mileage 64, 67 salaries 64, 65, 311, 319 term 45, 47, 310, 311, 319 Attorney-general: see Short ballot Banks, superintendent of 87 Biennial sessions 237, 310, 311, 314 Bills: approval 86 introduction and number 68 veto 86 Black Eiver canal: see Canals Bridges: improvement 197 municipal control 79 Bucket shops 13 Canals: abandonment 183, 184, 185 appurtenances 181 disposition 181, 182, 183, 185 railroad on banks 183, 184, 190 surplus waters 186, 187 tolls 189 Capital punishment 17 Cities: classification 248, 251 public utilities 79, 337 special bills 248, 249, 251 see also Civil service; Municipal home rule; New York city City court of New York 123 City employees: see Public employees City finance: see Municipal finance [369] 370 INDEX [Part Amendments Adopted and Proposed, 1895-1914 Civil service: PAGE abolition 101 additional percentages 93, 98 appointment of first on list 236 preferences 92, 95, 96,97, 98, 99, 100 Claims 73, 77 Comptroller: see Short ballot Condemnation: see Eminent domain Constitution : amendments 255, 257 convention for revision 260 courts not to declare statute unconstitutional 160 defects, court of appeals to report 138 see also Initiative and referendum; Initiative, referendum and recall Constitutional convention: see Constitution Convicts 78, 79 Corrupt practices 33 Counties : classification 71 general laws 71 special laws, acceptance 71 County auditors: see County officers County clerks: see County officers County courts: additional judges 144, 145, 146, 150, 152 Kings county auxiliary court 155 County employees: see Public employees County finance: see Municipal finance County judges 107 County officers 76, 234 see also Civil service; New York city County registers: see County officers Court of appeals: additional justices 103, 129, 131 appeals allowed 134, 136 designation of appellate division justices 113, 115, 116 final judgments 1 " 7 judges, age limitation '. 141 compensation 141, 142 removal 139 salaries 129 suspension 139 term 130 opinion required 69, 137, 1 38 quorum 131 removal of judicial officers 139 report defects in constitution or statutes 138 II] INDEX 371 Amendments Adopted and Proposed, 1895-1914 Court of appeals Continued: PACE second division 129, 131 supreme court justices to assist 128 vacancies 133 Court of condemnation 160 Court of pardons 84 Death penalty 17 Debt, state: direct tax 163, 191 fifty year bonds 163 highways 192, 193, 194, 195 interest 164, 191, 193, 197 payment .- 163, 166, 167, 191, 192 referendum 167, 168 sinking fund 163, 164, 191, 192 tax rate 169 District attorneys: see County officers Docks : 79 see also New York city Drainage of private lands 12 Elections: corrupt practices 33 officers 33 uniform laws 33 Electors: inmates of state homes 27 primaries '. 26 registration 28, 31, 32 residence 25 state service in war time 25 Electricity 79 Eminent domain: ascertainment of damages 8,9,10 court of condemnation 11, 160 drainage of private lands 12 excess condemnation 8 land court 11, 160 water power development 4, 5 Employer 's liability 16 Erie canal: see Canals Excess condemnation 4, 8 Ferries 79 Fines 84 Fish 77 Forest preserve: certain land excepted 178 highways 174, 175, 177, 180 lease of lands 171, 174, 175, 177, 180 372 INDEX [Part Amendments Adopted and Proposed, 1895-1914 Forest preserve Continued : PAGE removal of timber 174, 175, 176, 177, 178, 180 sale of lands 171, 173, 174, 175, 176, 177, 180 tuberculosis sanitarium 179 water power development 174 water storage 170, 172, 174, 178, 179 Forests: regulations 77 Franchises 80, 253 Futures 13 Gambling 14 Game 77 Gas 79 Governor: approval or veto 86 salary 82, 83, 319 term 81, 319 see also Short ballot Highway bridges and tunnels 197 Highways 192, 193, 194, 195, 196 Home rule for municipalities: see Municipal home rule Hours of labor 161 Indictment 5, 6 Initiative and referendum 34, 258, 262, 271 see also Initiative, referendum and recall Initiative, referendum and recall 293 see also Initiative and referendum Insurance, superintendent of 87 Judgment, appellate court 3 Judicial decisions: recall of 6 Judicial districts 102, 103 Judicial officers 139 Jury 1,3 Land court: see Eminent domain Legislative term 237 Legislature: biennial sessions 237, 310, 311, 314 claims, audit 73 introduction of bills, rules 68 rules 68 single body 54, 316 Lieutenant-governor 81, 319 Major-generals: see Short ballot Margins 13, 14 Militia officers: see Short ballot Mineral rights 17, 18 Minimum wage 17 Minority representation: see Proportional representation II] INDEX 373 Amendments Adopted and Proposed, 1895-1914 PACE Misdemeanors 6 Municipal finance 200, 201, 203, 204, 207, 210, 212, 214, 215 217, 219, 223, 224, 226, 230, 242 see also Municipal home rule Municipal home rule 243, 338 Natural resources 17 Navigable waters 186, 187 New York city: docks 204, 214, 215, 220, 224, 226, 230 indebtedness 201, 204, 207, 210, 214, 215, 217, 219, 223, 224, 226, 230 officers 335 subways 204, 215, 219, 223, 224 water system . . 201, 207, 210 New York State Soldiers' and Sailors' Home: votes of inmates 27 New York State Women's Relief Corps Home: votes of inmates 27 Niagara river 191 Pardons, court of 84 Political year 237 Presentment 5, 6 Primaries 26 Prisoners: employment 78 wages 79 Proportional representation 26 Public employees: wages, hours of labor, etc 242 see also Municipal home rule Public money: private use 161 surplus, repayment to counties 74 Public officers: discrimination in rates 254 franking privileges 254 passes 254 recall 239 removal 238 see also County officers; Short ballot Public utilities: see Cities Public work: eight hour day 161 wages 161 Public works, superintendent of: see Short ballot Eailroad commissioner 87 Eecall of elective officers 239 see also Initiative, referendum and recall Recall of judicial decisions 6 3>74 INDEX [Part Amendments Adopted and Proposed, 1895-1914 Kegistration: see Electors St. Lawrence river: PAGE water power development 178 Schools 24 Secretary of state: see Short ballot Senate 56, 57 Senators: additional 57 apportionment 310, 311 mileage 64, 67 number in any county 55 number in two adjoining counties 55 salaries 64, 65, 311, 319 terms 47, 310, 311, 319 Sewers 79 Sex discrimination 80 Sheriffs: see County officers Short ballot 319, 322 Sinking funds 191, 192, 193 State debt: see Debt, state State employees: see Public employees State engineer and surveyor: see Short ballot State lands 17 State prisons, superintendent of: see Short ballot State treasurer: see Short ballot Statutes: power of courts over . 160 Statutory revision commissioners 75 Street railway franchises: see Franchises Street railways 79 see also New York city Subways: see New York city Superintendent of banks 87 Superintendent of insurance , 87 Superintendent of public works: see Short ballot Superintendent of state prisons: see Short ballot Supervisors 75 Supreme court: additional justices 102, 103, 104, 156, 157, 158, 159 appellate division, assignment of justices 112 designation of justices 113, 115, 116 designation of special terms 112 extra trial or special terms 115 jurisdiction 118 justices, powers and duties 110, 116 residence 109 rules 112 temporary designations 109 assignment of justices 104 II] INDEX 375 Amendments Adopted and Proposed, 18951914 Supreme court Continued: PAGE city court of New York, consolidation 123 county judges to assist 107 increasing or diminishing justices 104 justices, age limitation 141 compensation 141, 142 elections 122 removal 139 suspension 139 term 121, 122 new districts 102, 103 trial commissioners 105, 106, 126 trial terms 110, 118, 119 supreme court commissioners 127 vacancies 121, 122, 123 Surplus public money 74 Swamps: drainage 12 Taxation: direct tax 165 exemption 70 general tax 79 Town employees: see Public employees Town finance: see Municipal finance Towns: classification 71 general laws 71 special laws, acceptance 71 Treasurer, state: see Short ballot Trial commissioners, supreme court 105, 106, 126 Tuberculosis sanitarium in forest preserve 179 Tunnels 79, 197 see also Highway bridges and tunnels United States deposit fund 314 Verdict 1, 3 Veto 86 Village employees: see Public employees Village finance: see Municipal finance Villages: classification - 71 general laws 71 special laws, acceptance 71 Voters: see Electors Wage, minimum 17 Wages 161 see also Minimum wage War: voting 25 Water power development 4, 5, 178, 186, 187 376 INDEX [Part II Amendments Adopted and Proposed, 1895-1914 Water powers: PAGE alienation 17 Water storage 5, 170, 172, 174, 178, 179 Water system: municipal control 79 see also New York city Waters of state 180 Witnesses: criminal cases, defendant 6 Woman suffrage 18, 23, 24, 25 Workmen 's compensation 7, 15, 16, 80, 198 \ YC 36229