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 ACTUAL GOVERNMENT 
 OF NEW YORK 
 
 A MANUAL OF THE LOCAL, MUNICIPAL, STATE 
 
 AND FEDERAL GOVERNMENT FOR USE IN 
 
 PUBLIC AND PRIVATE SCHOOLS 
 
 OF NEW YORK STATE 
 
 BY 
 FRANK DAVID BOYNTON 
 
 SUPERINTENDENT OF SCHOOLS, ITHACA, NEW YORK, AUTHOR OF 
 
 "SCHOOL CIVICS," "MANUAL OF CIVICS," "SYLLABUS 
 
 OF CIVICS," " PLANE GEOMETRY," ETC. 
 
 "W7iat we seek is the reign of law, based 
 upon the consent of the governed and sus- 
 tained by the organized opinion of mankind." 
 Woodrow Wilson, July 4, 1918 
 
 REVISED EDITION 
 
 45197 
 
 GINN AND COMPANY 
 
 BOSTON • NEW YORK • CHICAGO • LONDON 
 ATLANTA • DALLAS ' COLUMBUS • SAN FRANCISCO
 
 COPYRIGHT, 1904, 1911, 1916, 1918, BY 
 FRANK DAVID BOYNTON 
 
 AM. RIGHTS RESERVED 
 520.11 
 
 GINN AND COMPANY ■ PRO- 
 PRIETORS • BOSTON • U.S.A.
 
 5>' 
 
 PREFACE 
 
 In the preparation of this edition of "Actual Government 
 r) of New York" the author has associated with him three 
 "* teachers of civics in as many cities of the state, and has 
 v made use of the suggestions received from teachers who 
 used the first edition. In this way the present book has 
 been worked out. Both subject matter and arrangement have 
 been subjected to the study and criticism of classroom teach- 
 ers. Teachers who used the first edition have helped in no 
 \ small degree to produce the present book. Many of them 
 v will find that their suggestions have been incorporated as 
 made, while others will find theirs somewhat modified. Ex- 
 tremes, or "fads," in government have been ignored, but the 
 substantial and healthy development of democratic repre- 
 sentative government has been definitely pointed out in both 
 the text and the illustrations. 
 I A textbook in civics treats of a large body of facts which 
 \ change or which may change with every session of the legis- 
 ^ lature and of Congress. This edition brings the statement of 
 fact up to date and adds valuable new material and illustra- 
 tions. Some of the more important new topics discussed may 
 be mentioned : the amendments to the state and United States 
 constitutions ; city manager ; compulsory physical and military 
 training ; the initiative, referendum, and recall ; commission 
 government ; the primary-election law ; the importance of the 
 county as a unit of local government ; mothers' pensions ; 
 workmen's compensation ; new methods of choosing candi- 
 dates ; the state pay roll ; popular election of United States
 
 vi ACTUAL GOVERNMENT OF NEW YORK 
 
 senators ; federal reserve banks ; reorganization of the de- 
 partments of Agriculture, Commerce, and Labor ; presiden- 
 tial primaries ; federal trade commission ; the Judiciary Act 
 of 1 9 1 1 and the federal courts ; the federal income tax ; 
 reorganization of the army ; etc. 
 
 The book begins with the school district — the child's first 
 contact with organized government as he leaves the home. 
 The development follows that of the child, in his experi- 
 ence and through his reading, from school district to town, 
 village, city, county, state, nation, and to international rela- 
 tions, showing at each step the necessity for government for 
 the highest good of the individual in society, and how each 
 successive form has the individual as the center and bears 
 directly upon him. 
 
 The text is a complete book in itself, and the same is 
 true of the library references which follow each chapter, and 
 again of the questions on the text. By a careful study of 
 any one of these three divisions a pupil may be prepared 
 for any examination which he is likely to meet. The full 
 text of the state and United States constitutions is given, 
 and a bibliography of library books is suggested. This edition 
 will be found to serve as a complete text, a reference book, 
 and a source book. 
 
 THE AUTHOR
 
 CONTENTS 
 
 PART I. GOVERNMENT OF THE LOCAL UNITS 
 
 PAGE 
 
 Bibliography xix 
 
 CHAPTER 
 
 I. Introduction i 
 
 Lest we Forget. Government and Business. Federal 
 Government and the Individual. Preliminary Steps. 
 Preliminary Steps Classified. Why we have Government. 
 
 II. The School District 7 
 
 General Statement. Officers of the District. Duties of 
 Trustees. Duties of Other Officers. Annual School 
 Meeting. Business of School Meeting. Who may vote 
 at a School Meeting. Political Independence of a School 
 District. Union Free School District. School Neighbor- 
 hood. Removals and Filling of Vacancies. 
 
 III. The Town 14 
 
 The Town : its History. Town Government. The Town 
 Meeting. Time of holding Town Meetings. Powers of 
 the Town Meeting. The Supervisor. The Town Clerk. 
 The Assessors. The Collector. Constables. Town Su- 
 perintendent of Roads and Bridges. Overseers of the 
 Poor. Justices of the Peace. The Town Board. Town 
 Auditors. Fence Viewers. School Directors. Inspec- 
 tors of Election. Vacancies. 
 
 IV. The Village 27 
 
 Why we have Villages. Relation of Village to Town. 
 Why a Separate Village Government is Needed. Forma- 
 tion of Villages. Villages Classified. Village Officers and
 
 viii ACTUAL GOVERNMENT OF NEW YORK 
 
 CHAPTER PAGE 
 
 their Election. The Legislative Branch. The Village 
 Meeting. The Board of Trustees. The Executive 
 Branch. The Village President. Other Executive Offi- 
 cers. The Judicial Branch. Board of Education. Pub- 
 lic Utilities. Fire Protection. The Board of Health. 
 
 V. The City 41 
 
 General Statement. The Street. How Streets are laid 
 out : New Problems. Use of the Streets. How Per- 
 mission to use the Streets is Gained. A City's Business. 
 The City Charter. Cities Classified. Choosing of City 
 Officials. Legislative Department. Executive Depart- 
 ment. Other Executive Officers. Judicial Department. 
 Term of City Officers. Board of Education. Public 
 Utilities. Street-Cleaning. Building Laws and Permits : 
 New Problems. Police and Fire Protection. City In- 
 stitutions. City Finances. Commission Government. 
 
 VI. Greater New York 62 
 
 General Statement. New York Legislative Depart- 
 ment : its Board of Aldermen. New York's Executive. 
 Executive Departments. County Government within 
 the City. New York's Judicial System. 
 
 VII. The County 75 
 
 General Statement. City Counties. County Govern- 
 ment. County Legislature. Board of Supervisors : 
 its Duties. County Executive : Removals. Sheriff. 
 County Clerk. County Treasurer. District Attorney. 
 Superintendent of the Poor. Superintendent of High- 
 ways. District Superintendent of Schools. Judicial 
 Branch. Coroners. County Government in Action. . 
 The County : its Importance. 
 
 PART II. GOVERNMENT OF THE STATE 
 VIII. The Constitution in Development . . 86 
 
 Our Birthright. Before the White Man Came. New 
 York a Dutch Colony. Dutch West India Company.
 
 CONTENTS ix 
 
 CHAPTER PAGE 
 
 New York an English Colony. The Charter of Liber- 
 ties. Our Four Constitutions. Fundamental Law. 
 Amendment and Revision. 
 
 IX. Powers and Limitations of the State . . 95 
 
 State Activities. Federal and State Bills of Rights 
 Compared. Personal Liberty. Personal Security. 
 Private Property. State Debts. State Credit. Forests 
 and Canals. State Protection. Corporations, Banks, etc. 
 
 X. Legislative Department 104 
 
 Organization. The Assembly. The Speaker : his Elec- 
 tion. The Speaker: his Powers. Majority and Mi- 
 nority Leaders. Assembly Officers. The Senate. 
 Officers of the Senate. Members : Qualifications, 
 Term, etc. Sessions. Procedure. How a Bill be- 
 comes a Law. Public-Welfare Laws. Powers of the 
 Legislature. 
 
 XI. The Governor and Other Executives . .114 
 
 General Provisions. The Governor. Powers of the 
 Governor. The Lieutenant Governor. Other Admin- 
 istrative Officers. Secretary of State. Comptroller. 
 Treasurer. Attorney-General. State Engineer and 
 Surveyor. Other Elective Officers. Appointed by the 
 Governor. Summary. 
 
 XII. Judicial Department 128 
 
 Courts and Judges. Justice Courts. County Courts. 
 The Supreme Court. Appellate Division of the Su- 
 preme Court. Court of Appeals. Special Courts. 
 The Duty of the Courts. Civil Procedure. Criminal 
 Procedure : the Arrest. Criminal Procedure : the 
 Indictment. Criminal Procedure : the Trial. United 
 States Courts : Perjury. 
 
 XIII. State Education Department . . .141 
 
 Historical Sketch. Board of Regents. State Com- 
 missioner of Education. Supervisory District. Dis- 
 trict Superintendent. Compulsory Attendance.
 
 x ACTUAL GOVERNMENT OF NEW YORK 
 
 CHAPTER PAGE 
 
 Compulsory Physical Training. Compulsory Military 
 Training. Qualification and Training of Teachers. 
 State Aid to Schools. State Scholarships. Distribu- 
 tion of State Aid. School Trust Funds. The School 
 District. 
 
 XIV. State Institutions 151 
 
 State Agricultural Schools. State College of Agricul- 
 ture. State Veterinary College. Normal Schools. 
 Schools for the Blind, Deaf, and Dumb. Hospitals 
 for the Insane. State Charities. State Reforma- 
 tories. State Prisons. Other State Activities. 
 
 XV. Suffrage: How and When Exercised . -159 
 
 Citizenship. Suffrage a Privilege. Who may Vote. 
 Party Government Recognized. Elective Officers 
 and Election Districts. Time of Elections. Election 
 Expenses. The Convention Plan of Choosing Candi- 
 dates. The Primary Plan of Choosing Candidates. 
 Importance of the Primary. Supervision of Elections. 
 How to Register. Voting by Ballot. Voting by the 
 Machine. The Counting. 
 
 XVI. State Finances 171 
 
 State Budget. Sources of Revenue. Apportionment 
 of Taxes. Tax Districts. Tax Defined. 
 
 PART III. THE FEDERAL GOVERNMENT 
 
 XVII. The Constitution: its Formation and 
 
 Adoption 176 
 
 Condition of Affairs under the Articles of Confederation. 
 Attitude of the States. The Feeling between the 
 States. The General Government Helpless. Sugges- 
 tions for Amendment. Origin of the Constitutional 
 Convention. The Annapolis Convention. The Con- 
 stitutional Convention. Influence of Washington. 
 Hamilton and Madison. Franklin. Other Promi- 
 nent Delegates. Work of the Convention. Diffi- 
 culty of the Task. Plans Submitted. The First
 
 CONTENTS 
 
 XI 
 
 Great Compromise. The Second Great Compro- 
 mise. The Third Great Compromise. Ratification. 
 Struggle over Ratification. Establishment of the 
 New Government. 
 
 XVIII. The Constitution: its Origin and Nature 193 
 
 Its Origin. Origin of Special Provisions. Sugges- 
 tions from the States. Its Nature Different from the 
 British Constitution. Different from the Confedera- 
 tion. Growth of Nationality. Relation between the 
 States and the Union. Departments of Government. 
 Stability of the Constitution. 
 
 XLX. Legislative Department: its Organization 203 
 
 The Two Houses. Number of Members. The Suf- 
 frage. Qualifications of Representatives. Exclusion 
 of Members-Elect. Length of Term. Elections. 
 Gerrymandering. Representatives at Large. Va- 
 cancies. Election Expenses. The House : Officers. 
 Method of Choice. The Senate : its Origin and 
 Character. The Senate : Constitutional Provisions. 
 The Senate : Objects Aimed At. Election of Senators. 
 Movement toward Direct Election by the People. 
 The Seventeenth Amendment and Direct Election. 
 The Senate : its Officers. Privileges of Members of 
 Congress. Disabilities. Sessions of Congress. Quo- 
 rum. Procedure. Adjournment. Comparison with 
 Congress of the Confederation. 
 
 XX. Legislative Department: its Powers and 
 
 Limitations 226 
 
 The Taxing Power. Taxes - Classification. Indirect 
 Taxes: Duties. The Tariff. Excises. Collection of 
 Taxes. The Power to Borrow. Money : its History. 
 Power of Coinage. United States Money. Counter- 
 feiting. Power to Regulate Commerce. Foreign 
 Commerce. Interstate Commerce. Antitrust Law. 
 Bankruptcy Laws. Piracy. Weights and Measures. 
 War Powers. Declaration of War. Armies. The 
 Regular Army. The Militia. The Navy. Military
 
 xii ACTUAL GOVERNMENT OF NEW YORK 
 
 CHAPTER PAGE 
 
 Law and Courts. Letters of Marque and Reprisal; 
 Captures. Military Property. Miscellaneous Powers : 
 Naturalization. Naturalization Laws. Postal Serv- 
 ice. Copyrights and Patents. The National Capital. 
 The Government of the District. The Government of 
 Territories. Organized and Unorganized Territories. 
 Territories : a New Classification. Power to Establish 
 Courts. The Elastic Clause. Special Powers of Each 
 House. The House : Revenue Bills. The House : 
 Impeachment. The House : Presidential Election. 
 The Senate : Executive Powers. The Senate : Work- 
 ing of these Powers. The Senate : Judicial Function. 
 Limitations upon Congress : Taxation. Commerce. 
 Appropriations. Other Restrictions : Habeas Corpus. 
 Bills of Attainder: Ex Post Facto Laws. Titles of 
 Nobility. 
 
 XXI. Legislative Department: its Working . 266 
 
 The Senate Chamber. Chamber of the House. 
 Character of Members. Methods of Legislation. 
 Stages of a House Bill. The Committee System. The 
 Committees. Power of the Committee. Reporting 
 Bills. Logrolling. Filibustering. Methods of Vot- 
 ing. Restraint of Filibustering. Closure of Debate. 
 Advantages and Disadvantages of the Committee 
 System. The Speaker. The Speaker : Sources of his 
 Power. Recognition. Committee on Rules. The 
 Party Caucus. The Necessity for Expediting 
 Business. Contrast between the Houses. Desir- 
 ability of a Career in Congress. 
 
 XXII. Executive Department : President and Vice 
 
 President 286 
 
 Executive Department. The Convention and the 
 Presidency. A Difficult Question. Plan Adopted. 
 Qualifications for the Presidency. Term and 
 Reeligibility. Salary. Election : Methods Proposed 
 in the Convention. Method Chosen. A Defect 
 Discovered. The Twelfth Amendment. Another
 
 CONTENTS 
 
 Xlll 
 
 Defect. Time and Method of Choosing Electors. 
 Failure of the Electoral College. A More Se- 
 rious Defect. Presidential Primaries. Presidential 
 Succession. The President's Powers. Classification 
 not Absolute. His Legislative Powers. The Veto. 
 Restrictions on the Veto. Working of the Veto. 
 Calling Extra Sessions. Treaty-Making Power. The 
 Appointing Power. The Life of the President. 
 Great Statesmen and the Presidency. Executive 
 Power not Perfect. The Vice President. 
 
 XXIII. Executive Department: President's As- 
 sistants 
 
 The Cabinet. Relations of Cabinet Officers to 
 President. Executive Departments : Organization. 
 Executive Departments : History. State Depart- 
 ment. Treasury Department. War Department. 
 Department of Justice. Post-Office Department. 
 Navy Department. Department of the Interior. 
 Department of Agriculture. Department of Com- 
 merce. Department of Labor. Federal Trade Com- 
 mission. Independent Boards and Commissions. 
 
 XXIV. Judicial Department: Federal Courts 
 
 Necessity of Federal Judiciary. The Federal Courts. 
 The Judges. Jurisdiction : One Class of Cases. 
 Another Class of Cases. Eleventh Amendment. 
 Transfer of Cases. Treason. The Supreme Court. 
 The Supreme Court : its Jurisdiction. The Supreme 
 Court : its Sessions. Circuit Court of Appeals. Dis- 
 trict Courts. The Court of Claims. Customs Appeals. 
 Marshals and District Attorneys. The Procedure of 
 the Federal Courts. Defects of the Judicial System. 
 Excellences. 
 
 3" 
 
 328 
 
 XXV. The States in Their Relations to the Con- 
 stitution 341 
 
 Admission of New States. Methods of Admission. 
 Guaranties to the States : Republican Government.
 
 xiv ACTUAL GOVERNMENT OF NEW YORK 
 
 XXVI. 
 
 Protection against Invasion. Against Domestic 
 Violence. Obligations upon the States : Public 
 Records. Privileges of Citizens. Fugitive Crim- 
 inals. Limitations of State Power. Absolute 
 Limitations : Foreign Affairs. In the Matter of 
 Money. Personal Liberty. Provisional Limita- 
 tions. Doctrine of National Sovereignty. Division 
 of Powers : Reserved Powers. Concurrent Powers. 
 Classes of Powers. Conflicts of Authority. 
 
 The Bill of Rights : the Individual in 
 his Relation to the Constitution 
 
 The Bill of Rights. Restriction only upon the 
 Federal Government. Classes of Guaranties. 
 The Right of Personal Liberty. The Right of Per- 
 sonal Security. The Right of Private Property. 
 General Guaranties. 
 
 354 
 
 XXVII. Miscellaneous Provisions .... 
 
 The Public Debt. Ratification. Amendment. 
 Possible Methods. Method Used. Existing 
 Amendments. The Thirteenth Amendment. The 
 Fourteenth Amendment. The Fifteenth Amend- 
 ment. 
 
 361 
 
 XXVIII. The Unwritten Constitution 
 
 Development of the Unwritten Constitution. 
 Original and Inherent Powers. Presidential Elec- 
 tors only Party Agents. Reeligibility of the Presi- 
 dent. Custom and the President's Power of Re- 
 moval. The Senate and the President's Nomi- 
 nations. The Cabinet and the Unwritten Consti- 
 tution. The Committee System. Our Whole 
 System of Party Government. 
 
 367 
 
 XXIX. State Governments 
 
 National Expansion since 17S9. Diversities and 
 Uniformities among the States. Origin of State 
 
 376
 
 CONTENTS xv 
 
 CHAPTER PAGE 
 
 Constitutions. Methods of Constitution-Making. 
 The Present Process. Constitutional Amendments. 
 Contents of State Constitutions : Historical Changes. 
 Existing State Constitutions. The State Govern- 
 ments. Suffrage and Elections. Method of Choosing 
 Candidates. Voting. Election. The Legislature: 
 Organization. The Lower Houses. Sessions. Pro- 
 cedure. Restrictions on Powers of Legislatures. 
 Special Powers of the Houses. The Executive: 
 its Character. The Governor. The Governor's 
 Colleagues. Election, Terms, and Qualifications of 
 Executive Officers. The Judiciary. The System 
 of Courts. Special Courts. Judges. The Term 
 of Office. State Finances. Taxes. Exemptions. 
 Assessment. Apportionment and Collection. Re- 
 strictions upon Taxing Power. Education. The 
 School System. Various Grades of Schools. State 
 Administration of Schools. Local Administration of 
 Schools. Compulsory Education. Importance of 
 State Government. Initiative and Referendum. 
 
 XXX. Comparison of National Governments . 402 
 
 Other Governments : their Relation. England's Con- 
 'stitution. England's Legislature. England's Execu- 
 tive. English Cabinet. England's Judicial System. 
 Germany. Germany's Legislature. Germany's Execu- 
 tive. Germany's Judicial System. French Govern- 
 ment. The French National Legislature. The French 
 Executive. The French Judicial System. Canada's 
 Constitution. Canada's Legislature. Canada's Execu- 
 tive. Canada's Judicial System. Switzerland : its 
 Legislature. Switzerland : its Executive. Switzerland : 
 its Judicial Department. The Unitary State. The 
 Confederation. The Federal State. Further Classi- 
 fications. Absolute Monarchy. Limited Monarchy. 
 Ture Democracy. Representative Democracy. What 
 is the Best Form of Government?
 
 xvi ACTUAL GOVERNMENT OF NEW YORK 
 
 APPENDIX 
 
 PAGE 
 
 The Constitution of the State of New York .... i 
 Constitution of the United States liii 
 
 INDEX lxxv
 
 LIST OF ILLUSTRATIONS 
 
 The Capitol at Washington Frontispiece 
 
 The City Hall, Des Moines 9 
 
 The New York City Public Library 9 
 
 A New York Road before and after Improvement . . 15 
 
 Firemen at Work saving Life 29 
 
 A Policeman making the Streets Safe 29 
 
 Cleaning the Streets 43 
 
 Medical Inspection 63 
 
 A Pure-Milk Depot 63 
 
 Maps of New York State, showing the Fifty-one State Senatorial 
 
 Districts and the Number of Assemblymen to which Each 
 
 County is entitled ........ 87 
 
 Maps of New York State, showing the Forty-three Congressional 
 
 Districts and the Nine Judicial Districts .... 105 
 The Senate Chamber and the Assembly Chamber in the State 
 
 Capitol at Albany 129 
 
 New York State Education Building, Albany .... 143 
 
 A Public School 143 
 
 Sample Australian Ballot used in New York State, November, 
 
 1914 169 
 
 Faneuil Hall, Boston 177 
 
 Independence Hall, Philadelphia 177 
 
 The Panama Canal 195 
 
 Federal Government Meat Inspection 195 
 
 The United States Senate Chamber 205 
 
 The Chamber of the House of Representatives . . . 205 
 
 The Arrowrock Dam, Boise, Idaho 227 
 
 One of the Great Government Irrigating Canals . . .227
 
 xviii ACTUAL GOVERNMENT OF NEW YORK 
 
 President Wilson reading his Message to Congress assembled in 
 the Hall of Representatives .... 
 
 Territorial Growth of the United States (colored map) 
 
 The Supreme Court Chamber .... 
 
 The White House 
 
 The State Capitol at Albany, N.Y. 
 
 The State Capitol at Frankfort, Ky. 
 
 "The Right of the People Peaceably to Assemble" 
 
 Parliament Buildings, London .... 
 
 Soldiers in Camp, receiving Instruction in the Use of 
 Rifle 
 
 The Battleship Pennsylvania ..... 
 
 the 
 
 287 
 310 
 329 
 329 
 343 
 343 
 355 
 4°3 
 
 411 
 411
 
 BIBLIOGRAPHY 
 
 Adams, H. C. The Science of Finance. 
 
 Alton, Edmund. Among the Law-Makers. 
 
 Baker, M. N. Municipal Engineering and Sanitation. 
 
 Baldwin, S. E. Modern Political Institutions. The American 
 
 Judiciary. 
 Beard, Charles A. American Government and Politics. New and 
 
 revised edition. 
 Boynton, F. D. School Civics. 
 Bryce, James. American Commonwealth. 2 v. 
 Carson, Hampton L. History of Supreme Court. 
 Conkling, A. R. City Government in the United States. 
 Cooley, T. M. Constitutional Limitations. 
 Dallinger, F. W. Nomination for Elective Office. 
 Eaton, D. B. Government of Municipalities. 
 Education Department. Consolidated School Law. 
 Fairlie, J. A. Municipal Administration. 
 Fiske, John. American Political Ideas viewed from the Standpoint of 
 
 Universal History ; also Dutch and Quaker Colonies in America. 
 Follett, M. P. The Speaker. 
 Goodnow, F. J. Municipal Problems. 
 Hamilton (Alexander), Jay (John), Madison (James), and others. 
 
 Federalist, and other constitutional papers. Edited by E. H. Scott. 
 Hart, Albert Bushnell. Actual Government. 
 Hatton, A. R. Digest of City Charters. 
 Howe, Frederick. The City. 
 Jenks, J. W. The Trust Problem. 
 Johnston, Alexander. History of American Politics. Third edition. 
 
 Revised by William M. Sloane. 
 McConachie, L. G. Congressional Committee.
 
 xx ACTUAL GOVERNMENT OF NEW YORK 
 
 Madison, James. Journal of the Federal Convention. Edited by 
 
 E. H. Scott. 
 Merriam, C. E. Primary Elections. 
 
 Oberholtzer, E. P. The Referendum in America ; also Official Con- 
 gressional Directory for the Use of the United States Congress. 
 Remsen, Daniel S. Primary Elections. 
 Roberts, E. H. The Planting and Growth of the Empire State; also 
 
 New York in the Revolution. 
 Robinson, W. C. Elementary Law. 
 Roosevelt, Theodore. American Ideals and Other Essays, Social 
 
 and Political. 
 Secretary of State. Legislative Manual. The New York Red 
 
 Book. Election Laws of New York. Revised Statutes of New 
 
 York. 
 Stanwood, Edward. History of the Presidency. 
 State Librarian. New York at Gettysburg. 
 Stimson, F. J. Labor in its Relation to Law. 
 Taussig, F. W. Tariff History in the United States. 
 White, H. Money and Banking. 
 
 Wilcox, Delos F. The Study of the City Government. 
 Willoughby, W. W. American Constitutional System. 
 Wilson, Woodrow. Congressional Government ; also The State. 
 Wright, Carroll D. Industrial Evolution of the United States. 
 Zueblin, Charles. American Municipal Progress; also various 
 
 national, state, county, and municipal reports. 
 Government of the State of New York — Organization and Function. 
 
 Prepared for the Constitutional Convention, 191 5. 
 Government of the City of New York — Organization and Function. 
 
 Prepared for the Constitutional Convention, 1915.
 
 TO MY STUDENT FRIENDS 
 
 Human need is the origin of all just government among 
 men. Whether we are considering the home (our first con- 
 tact with organized government) or the school (our second 
 experience with formal control), or whether we are thinking 
 in terms of the larger units of government, — the village, the 
 city, the town, the county, the state, the nation, or the rela- 
 tions existing between nations, — the fact remains that all 
 just laws, ordinances, regulations, or treaties are but the 
 verbal expression of some human need. 
 
 Human need led the first settler, around the site of whose 
 cabin has grown your beautiful city, to. strew with boughs 
 the pathway from his to his neighbor's hut, so that the in- 
 mates of the one might pass dry-shod to the home of the 
 other. Thus it was human need which led to the construc- 
 tion of this primitive sidewalk in the " forest primeval," and 
 it is human need which causes us to make sidewalks, lay 
 out streets and highways, build bridges, establish health, fire, 
 and police departments, and to maintain schools, churches, 
 playgrounds, parks, banks, stores, factories, railroads, tele- 
 phones, telegraphs, postal systems, an army and navy, legis- 
 latures and congress, mayors, governors, and presidents ; and 
 for all these and many more we voluntarily tax ourselves in 
 one form or another, since all are maintained out of the 
 original income of the home for your need and mine. 
 
 Into this field of the study of human need as dealt with 
 in the government of your village, city, town, county, state, 
 and nation, and in our relations with other nations, you are
 
 xxii ACTUAL GOVERNMENT OF NEW YORK 
 
 invited. The conditions which are rapidly developing in 
 these various units of government call for grave consider- 
 ation on the part of those who think straight on these 
 questions. I can only wish you the joy that has been mine 
 as I have written these lines to my young fellow country- 
 men. Upon your shoulders rests the future of American 
 institutions. He who uses public office for private advan- 
 tage is an undesirable citizen, and he who plots against the 
 industries or government of his countiy is a traitor. The 
 issues are great and demand clear thinking and far seeing, 
 but there need be no fear as to how these issues are to be 
 met and solved for mankind by the boys and girls of the 
 American public school, the nation's bulwark and strong 
 tower of defense, so splendidly garrisoned. 
 
 THE AUTHOR
 
 ACTUAL GOVERNMENT OF 
 NEW YORK 
 
 PART I. GOVERNMENT OF THE LOCAL 
 UNITS 
 
 CHAPTER I 
 
 INTRODUCTION 
 
 Lest we Forget. The constitution of the United States, 
 " and the laws of the United States which shall be made in 
 pursuance thereof ; and all treaties made, or which shall 
 be made, under the authority of the United States, shall 
 be the supreme law of the land; and the judges in every 
 state shall be bound thereby, anything in the constitution 
 or laws of any state to the contrary notwithstanding. 
 The senators and representatives before mentioned, and 
 the members of the several state legislatures, and all 
 executive and judicial officers, both of the United States 
 and of the several states, shall be bound by oath or affirma- 
 tion to support " the constitution of the United States 
 (see Appendix, p. liii). Thus the framers of the federal 
 government made it clear that the government which they 
 were organizing was first in point of authority. New 
 states are admitted to the Union by act of Congress upon
 
 2 ACTUAL GOVERNMENT OF NEW YORK 
 
 specific terms detailed in the enabling act, which terms, in 
 case of violation by state authorities, would be enforced by 
 the federal courts (see Chapter XXV, p. 341). 
 
 Government and Business. In order that sewers, streets, 
 public buildings, fire and police departments, etc. may be 
 had and maintained, large sums of money are needed. 
 Municipal government, that is, the government of a village 
 or city, is, in many particulars, much like a department 
 store, with its several departments of health, public safety, 
 education, justice, etc., in which we are all stockholders 
 and partners. It is to our interest to see to it that the 
 fire department is well equipped, that its administration 
 is efficient, that the water pressure is adequate, in order 
 that our property may be protected from destruction by 
 fire. This interest is on the same level as our interest 
 in seeing that the grocer uses a pair of scales which will give 
 us what we pay for. In no sense, however, can this business 
 instinct be construed into meaning allegiance or love of 
 country. We move from one village or city to another or 
 from one locality to another in the same or different states 
 with great frequency. Our relatives live in Ohio, Pennsyl- 
 vania, and in other states under substantially the same 
 conditions as we live. Leaving one's locality or state is 
 entirely different from leaving one's country. However 
 great our love for our state or locality, it is not so great as 
 that for our country. It is this love of country which makes 
 all state and local government secure and worth while, which 
 leads men to forsake home, business, all personal interests, 
 and offer themselves for their country's good. It was this 
 love of country which defended the pass at Thermopylae, 
 which led to " the charge of the light brigade," and which 
 left five thousand sons of New York dead on the field at 
 Gettysburg. No true American will slander the memory
 
 INTRODUCTION 3 
 
 of those whose unselfish acts and deaths have made govern- 
 ment in the smallest unit possible by intimating that it is 
 " essentially a business proposition." In the truest sense 
 there is nothing yellow or jingoish in the sentiment which 
 we sum up in the word " patriotism," the true foundation 
 and motive power of all popular government. 
 
 Federal Government and the Individual. It is some- 
 times stated that the federal government is so removed 
 from the individual in his daily round of duties that it 
 is less important than the smaller units of state, county, 
 and local government. Such statements are misleading. 
 Through tariff laws the federal government may and has 
 placed a tax upon practically every article of food and 
 clothing and shelter, thus daily reaching the most obscure 
 individual in the remotest cottage ; it may and has placed 
 a tax upon bank checks, express receipts, telegrams, and 
 the like ; it may and has entered any home in any state 
 and forcefully taken the father, son, brother, or husband 
 and put him up as a target to stop the bullets of the coun- 
 try's enemies ; it may and has sent troops into a state 
 to enforce federal laws ; it may and has passed laws which 
 have opened or closed down industries. It controls the 
 postal system, the foundation of all business ; it may de- 
 clare any street, road, railroad, trolley, or steamship line 
 a post road ; its power over interstate commerce gives it 
 practical control over our great railways and water routes, 
 some of which it owns, 1 and the present tendency is to 
 increase federal power. It coins our money and estab- 
 lishes our weights and measures, thus entering into the 
 most minute details of our daily business transactions. 
 Not one of the above powers may be exercised by state, 
 
 1 Panama railroad and a steamship line from New York to this railroad 
 are examples.
 
 4 ACTUAL GOVERNMENT OF NEW YORK 
 
 county, or local government. While writing this para- 
 graph, a uniformed officer of the federal government visited 
 my home ; he comes daily. There are over thirty of these 
 officials permanently located upon federal property in my 
 city. My state never sends an officer to my home and 
 owns no property in my city. In the study of these lesser 
 " business units " we should not forget the far-reaching and 
 fundamental powers of the federal government, lest we lend 
 our study to a further development of a kind of bucket-shop 
 statesmanship which looks after the district or the ward 
 before it does after the country or the state. 
 
 Preliminary Steps. If we were to make a list of the 
 services performed for us by government, we should natu- 
 rally select those nearest to us, forgetting, perhaps, that the 
 successful performance of these services depends upon the 
 strong central authority represented by federal and state 
 governments. Such a list would probably include our 
 schools and teachers, libraries, roads, bridges, water supply, 
 sewers, firemen, public parks, hospitals, records of our 
 houses and lands, courts for the punishment of law break- 
 ers and for the settlement of disputes, insurance companies, 
 banks, post office, money, weights and measures, services 
 of the army, navy, regulation of railroads and steamship 
 companies doing business between the states, and many of 
 the larger matters which, because of their size, do not come 
 directly into our immediate experience, especially when 
 all goes well. 
 
 Preliminary Steps Classified. If we arrange these serv- 
 ices according to the government which immediately 
 performs them, we shall find that the first three are per- 
 formed by the officers of the school district, who are respon- 
 sible directly to state officials for the faithful performance 
 of their duties ; the next seven, by town, village, or city
 
 INTRODUCTION 5 
 
 governments, whose officers are in many instances respon- 
 sible to state officials ; the next two would be performed 
 by the county, although the town, village, and city have 
 courts of their own ; the next two would be under state 
 control, except in the case of national banks ; the last 
 seven, including the management of national banks, by the 
 federal government alone. Thus it will be seen that gov- 
 ernment is a series of circles ever widening as we go to 
 the next form, with the individual standing at the center ; 
 yet all laws are made by the people directly or by their 
 chosen representatives and for their (our) benefit. 
 
 Why we have Government. One reason why we have 
 government is that it is to our advantage ; probably this 
 is the chief reason. For example, we wish to send a letter 
 to a friend in another state. We write our letter in the 
 quiet of our home, protected by the local government 
 (town, village, or city). When our letter is completed 
 we seal it in a paper envelope, put a stamp upon it, and 
 place it on our front porch. Government, the mailman, 
 comes along, understands what is wanted, takes the mes- 
 sage, guards it in passage, and delivers it to the friend in 
 another state — all for a postage stamp. We could not have 
 done it so cheaply or so well ; hence government. But 
 notice : What would have been the result if we had for- 
 gotten to perform our part toward the government and 
 had not placed a stamp on the letter ? Thus we see that 
 we have a duty toward government in return for the help 
 which it renders. Or supposing our home were in flames ; 
 we might and probably would try to put them out ourselves, 
 but the firemen would come, attach the fire hose to the 
 hydrant, and quickly extinguish the blaze, saving our home 
 and the homes that so thickly surround ours ; so we find it 
 safer and better to have firemen trained to do our work,
 
 6 ACTUAL GOVERNMENT OF NEW YORK 
 
 while we are attending to other duties. Thus we might 
 figure out that many of the things which all people have 
 done and want done can be done better and cheaper by 
 those hired and trained to do them. Then, too, there 
 are some things which it would be very hard for the 
 individual to do alone and some which he could not do. 
 Therefore we have courts and policemen to further pro- 
 tect our property and our lives. For all of this protection 
 it is the duty of the good citizen to pay and to pay 
 liberally, since many of the services required of firemen 
 and policemen are dangerous, frequently resulting in the 
 death of the officer while guarding our fives or property. 
 
 QUESTIONS ON THE TEXT 
 
 1. State how the federal government reaches the individual in 
 his daily life. 
 
 2. What is the "fundamental law" of the land? 
 
 3. Are state and local officials limited in the exercise of their 
 power by federal law ? Explain how. 
 
 4. Are there government officials located in your town? If 
 so, explain their duties. 
 
 5. In what ways are our transactions, whether it be the pur- 
 chase of articles of food or clothing or a transfer of property, a 
 recognition of the laws set up by the federal government? 
 
 6. By what authority is our money made and its value deter- 
 mined ?
 
 CHAPTER II 
 
 THE SCHOOL DISTRICT 
 
 General Statement. For the convenience of adminis- 
 tration, the state has been divided into various districts. 
 Concerning each of these we are to learn in turn, as we 
 study the work of each. The first form of organized gov- 
 ernment with which we have to do as soon as we are old 
 enough to leave the home is that represented by the 
 school. The school district is a certain territory set apart 
 by law enacted by the state legislature. The number 
 of these districts in the towns of the state in 191 5 was 
 10,498. This, however, is not a fixed number, since the 
 law permits two or more of these country districts to 
 unite, and a united district to break up into its original 
 parts. The law establishing these districts charges those 
 who live within each with the duty of maintaining a school 
 at least thirty-six weeks during the year and of authorizing 
 a property tax for its support. 
 
 Officers of the District. The law provides that there 
 shall be one or three trustees, as the voters of the district 
 may determine, a clerk, a collector, and a treasurer. If 
 the district is known asa" union free school district," the 
 number of trustees may not be less than three nor more 
 than nine. Every school district officer must be able to 
 read and write and must be a voter of the district. The 
 term of office, where there are several trustees, is for three 
 years. If there is a single trustee, the term is one year. 
 
 7
 
 8 ACTUAL GOVERNMENT OF NEW YORK 
 
 All other officers are elected for a term of one year. Any 
 officer of the school district who refuses to serve shall 
 forfeit the sum of five dollars, to be used for the benefit of 
 the district. 
 
 Duties of Trustees. The trustee (or trustees) of the 
 school district has charge of all property belonging to the 
 district ; calls special meetings of the voters of the district ; 
 gives notices of the annual or of adjourned meetings ; 
 makes out the tax list, apportioning to each taxable in- 
 habitant his share of the school tax voted by the district ; 
 purchases or leases property as the district directs ; insures 
 the school building, library, furniture, and apparatus ; 
 employs a teacher and determines the salary of such and 
 the length of term to be taught ; prescribes the course 
 of study, the rules for governing the school ; engages a 
 janitor ; attends to the minor repairs ; and may expend 
 twenty-five dollars for necessary dictionary, maps, or other 
 apparatus. 
 
 Duties of the Other Officers. The duties of the district 
 clerk, collector, and treasurer are indicated by their titles. 
 The records are kept and preserved by the clerk in a book 
 provided for the purpose. He gives the required notices 
 for all special and annual meetings, notifies persons of 
 their election to office, etc. The treasurer has charge of 
 all moneys belonging to the district, and pays out the 
 same upon a written order from the trustee or trustees. 
 He must make a detailed report of receipts and expenses 
 at the annual meeting and to the trustees whenever directed. 
 The collector collects the school tax as per list made out by 
 the trustee. He is required to give a bond for the faithful 
 performance of his duties. He turns over to- the treasurer 
 all moneys collected. In case the district has no treasurer, 
 the collector performs the duty of the treasurer. Where
 
 The City Hall, Des Moines (above), and the New York 
 City Public Library (below) 
 
 The city hall in many cities is where the common council, or board of alder- 
 men, meet. The city departments usually center here. Either by public tax- 
 ation or private philanthropy most cities have a free public library 
 
 9
 
 io ACTUAL GOVERNMENT OF NEW YORK 
 
 there is a separate treasurer, he is also required to furnish 
 a bond for the faithful performance of his duties. In union 
 free school districts, boards of education may appoint 
 one of their own number as clerk, and must also appoint 
 a treasurer and a collector. These officers are paid for their 
 services either by vote of the district or by vote of the 
 board of education. 
 
 Annual School Meeting. The annual school meeting 
 of each school district shall be held in the schoolhouse 
 the first Tuesday of May of each year, at 7.30 p.m., unless 
 the hour is otherwise changed by vote of the previous meet- 
 ing. Special meetings may be held as called by the trus- 
 tee. Due notice of all annual and special meetings must 
 be posted in at least five different places in the district, 
 one of which must be upon the door of the schoolhouse. 
 
 Business of the School Meeting. The business of the 
 school meeting is to elect officers ; to vote a tax to pay 
 the salary of the teacher, for the care and heating of the 
 school building, and for the salaries of district officers in 
 case such officers are paid ; to take under consideration 
 needed repairs or changes in the school building, or the 
 need for a new building or a new or enlarged site, and 
 such other matters as pertain to the general educational 
 welfare of the school district. 
 
 Who may vote at a School Meeting. Any person shall 
 be entitled to vote at any school meeting for the election 
 of officers, and upon any and all questions which may 
 be brought before the meeting, who possesses the fol- 
 lowing qualifications : (1) is a citizen of the United States ; x 
 
 1 One must first be a citizen of the United States before he can be a 
 citizen of the smallest unit of state government; thus it is seen that the 
 foundation of all our government is citizenship according to federal law. 
 It is not necessary to be a citizen of the state to vote at school meeting.
 
 THE SCHOOL DISTRICT n 
 
 (2) is at least twenty-one years of age ; (3) has been a 
 resident of the school district for a period of at least 
 thirty days immediately preceding the day of the meeting ; 
 and who in addition to the above qualifications is described 
 in one of the following : (a) owns or hires or is under 
 contract to own or hire real estate subject to taxation for 
 school purposes ; (b) is a parent of a child of school age 
 who attended school at least eight weeks the preceding 
 year ; (c) has permanently residing with him (or her) 
 any child of school age (five to eighteen years old) who 
 attended school at least eight weeks the preceding year ; 
 (d) is the owner of personal property exceeding fifty dollars 
 in value and assessed upon the last assessment roll of the 
 town. Both men and women who meet the above qualifi- 
 cations are eligible to vote. 
 
 Political Independence of a School District. The state 
 through its legislature has created a school district a 
 corporation for the purpose of looking after the affairs 
 of education within the district, and has given it full power 
 in all matters pertaining to education. While it may be 
 a part of a town or village, it is quite independent of 
 these larger units of government in matters pertaining 
 to education within its limits. The idea has been to 
 remove as far as possible all restrictions upon the will of 
 the people in matters of education. The form of govern- 
 ment represented by the school meeting is a pure democ- 
 racy, that is, one in which all the voters meet to transact 
 business. 
 
 Union Free School District. Union free school districts 
 
 are organized under the provision of the education law l 
 
 and by special act of the state legislature. These districts 
 
 have a board of education, clerk, treasurer, collector, 
 
 1 See education law, 1914.
 
 12 ACTUAL GOVERNMENT OF NEW YORK 
 
 whose duties include those of a common school district. 
 As a rule, union free school districts are found only in 
 villages and cities. The power of a board of education is 
 greater than that of a trustee, and the course of study 
 in a union free school is much more extensive than that 
 in the common school. If the union free school district 
 includes a village of five thousand inhabitants or more, 
 the board of education may elect a special school officer, 
 called a superintendent of schools, who has full charge of 
 the schools of the district under rules adopted by the board 
 of education. 
 
 School Neighborhood. A school neighborhood is a 
 small district so situated that the children of school age 
 residing within such district may best be served by attend- 
 ing school in another state. Such neighborhoods are 
 established by law, and usually have a trustee and clerk. 
 The voters of the neighborhood meet annually, as in a 
 regular school district. Near state lines this arrangement 
 is found to be advantageous. In some of our towns 
 (Waverly, for example) the state line passes through the 
 village or district, which is essentially one although situated 
 in two states. 
 
 Removals and Filling of Vacancies. Whenever it shall 
 be proved to the satisfaction of the commissioner of educa- 
 tion that any trustee, member of a board of education, 
 clerk, collector, treasurer, school superintendent, dis- 
 trict superintendent, or other school officer has been guilty 
 of any willful violation or neglect of duty as set forth in 
 the education law, or any other act pertaining to the com- 
 mon schools or other educational institution participating 
 in state funds, or of willfully disobeying any decision, order, 
 or regulation of the board of regents or of the commissioner 
 of education, the commissioner of education has full power
 
 THE SCHOOL DISTRICT 13 
 
 to remove such school officer from his office. A vacancy 
 in the office of trustee may be rilled by calling a special 
 election of the voters of the district within thirty days 
 after the office becomes vacant, or, if such meeting is not 
 called, the district superintendent may appoint a qualified 
 person to fill the office. The trustees may appoint a quali- 
 fied person to fill the office of clerk, collector, or treasurer 
 should a vacancy occur in any of these offices. 
 
 QUESTIONS ON THE TEXT 
 
 1. Outline the work of the school meeting. 
 
 2. Name the duties of the school trustee. 
 
 3. How is a school tax determined, the rate established, and 
 the tax of the individual worked out ? 
 
 4. What advantage is there in having the school district 
 independent of the town in the management of school affairs ? 
 
 5. Who may vote at a school meeting ? 
 
 6. What is a school neighborhood ? 
 
 7. In what particulars does a union free school district differ 
 from the ordinary school district? 
 
 8. Who has the power of removing school officials for neglect 
 of duty? 
 
 9. If the office of school trustee becomes vacant, how may it 
 be filled? 
 
 10. What are the powers and duties of the school trustee? 
 
 11. Compare the school meeting with the village and town 
 meetings.
 
 CHAPTER III 
 
 THE TOWN 
 
 The Town : its History. From the earliest settlements 
 in America the town as a local unit of government has held 
 a conspicuous place. It was established in this country by 
 the first settlers and down to the present moment continues 
 to perform important local duties in this state and in several 
 states. As we have seen in Chapter II, the state is divided 
 into small units called school districts (10,498 in 191 5). 
 We are now to observe that it is also divided into small 
 units considerably larger than the school district, and for 
 quite a different purpose. These units are called towns and 
 number 947. The territory embraced by the boundaries 
 of a town constitutes a little republic by itself, with 
 specific duties to perform with reference to town affairs. 
 These duties are defined by laws passed by the state legisla- 
 ture, which body also determines the number and size 
 of towns. The reason for town government is that, as in 
 the school district, there are many local matters, such as 
 caring for the poor, prevention and punishment of crime, 
 the building and care of roads and bridges, all of which 
 pertain to the town, that can better be attended to by 
 those immediately interested than by those larger divisions 
 of the state to which the larger and more general affairs of 
 government are delegated. 
 
 Town Government. Like the government of the nation, 
 state, and county, the government of the town is divided 
 
 14
 
 Courtesy of Highway Commission oi New York 
 
 A New York Road before and after Improvement 
 
 Good roads, the daily mail, the telephone, and in some localities electric lights 
 
 have increased the value of property, reduced the cost of production, and improved 
 
 country life generally 
 
 l 5
 
 1 6 ACTUAL GOVERNMENT OE NEW YORK 
 
 into three departments : namely, legislative (the town meet- 
 ing), executive (as represented by the supervisor, clerk, 
 assessors, collector, overseers of the poor, superintendent 
 of highways, constables, and school directors), and judicial 
 (justices of the peace). 
 
 The Town Meeting. The actual government of the town 
 centers in one of our oldest institutions, the town meeting. 
 This meeting is a gathering of voters of the town assembled 
 according to state law for the sole purpose of considering 
 the business of the town, and for the election of officers 
 to carry out the expressed wishes of the voters assembled. 
 Any qualified voter may propose to his assembled townsmen 
 any question which the law permits towns to consider, and 
 this will be discussed by the voters present and decided by 
 a majority vote. The people themselves, as in the school 
 meeting (see p. 10), are the government, dealing directly 
 with local affairs pertaining to the immediate interests of 
 the town. School and town meetings are types of the pure 
 democracy. In these meetings the people manage their 
 affairs directly rather than through representatives, although 
 of course it is through such representatives as supervisors, 
 assessors, etc., that the people's decisions are carried out. 
 In the American system of government the town meeting 
 represents the largest area directly controlled by the assem- 
 bled voters. Because of its limited application as to area, 
 this particular form of democratic government has become 
 extinct outside of the town. The county, state, and national 
 form of government is the representative democracy. We 
 shall later learn how this republican form of government, as it 
 is often called, differs from the simpler type described above. 
 
 Time of holding Town Meetings. The board of supervisors 
 (see p. 76) fix the day for holding town meetings, which 
 must be held uniformly throughout the county, and may be
 
 THE TOWN 17 
 
 changed once in four years. At the present time, in forty-one 
 counties town meetings are held on general-election day in 
 tfrtfrZ-numbered years ; in five counties, biennially on general- 
 election day ; and in four counties only " general-election 
 day " is specified. In three counties town meetings are held 
 on the second Tuesday in February in ^/-numbered years ; 
 in Orleans county, on the first Tuesday in March in r; re- 
 numbered years ; in Suffolk, on the first Tuesday in April ; in 
 Nassau, on the first Tuesday in April in ^/-numbered years ; 
 and in Niagara, biennially. There are neither towns nor town 
 meetings in the five counties comprised within the boundaries 
 of New York City. If the town meeting is held on general- 
 election day, when important questions of state and national 
 policy have to be decided, the town business is not likely to 
 receive serious consideration — a loss which is hardly made up 
 by the saving of the expense of holding the two separately. 
 
 Powers of the Town Meeting. The assembled voters in 
 a town meeting may consider any business pertaining to the 
 welfare of the town not prohibited by federal or state law. 
 They may elect town officers — supervisor, clerk, assessors, 
 collector, overseer of the poor, superintendent of highways, 
 school directors, constables. Any qualified voter of the town 
 is eligible to any office unless he already holds the office of 
 county treasurer, district superintendent of schools, or school 
 trustee, in which case he cannot hold the office of supervisor, 
 since the supervisor distributes the state school money for his 
 town. The officers of the town are elected by secret ballot in 
 the same manner as state officers are chosen. The ballot 
 contains the names of the various candidates, and the voting 
 is supervised by inspectors of election. After the voting is 
 finished, the meeting is opened for general business by the pre- 
 siding officer, who is one of the justices of the peace. The 
 town clerk is clerk of the town meeting. Any or all of the
 
 1 8 ACTUAL GOVERNMENT OF NEW YORK 
 
 above duties may be performed at a special meeting of the 
 town called for this purpose by the supervisor, together 
 with certain other town officers, and upon the application 
 of twenty-five taxpayers living within the town. 
 
 The Supervisor. The supervisor is the chief executive 
 officer of the town. In addition to his duties as town 
 officer he represents the town in the board of supervisors, 
 the legislative branch of the county government. As 
 town officer he receives two dollars a day for time 
 actually spent in performing his duties ; as county officer, 
 four dollars a day. As town officer his duties are to receive 
 and pay out all money raised for the public work of his 
 town except that intended for the support of the poor and 
 for highways, which goes to the respective officers in charge 
 of this work for the town ; to receive and disburse the pub- 
 lic school fund for the various districts of his town; to act 
 as a member of the town board. The supervisor is elected 
 for two years. 
 
 The Town Clerk. The town clerk is custodian of the 
 town records and is clerk of the town meeting. He not 
 only keeps the records of the town and the proceedings 
 of the town meeting, but also records births, deaths, mar- 
 riages, and files certificates, chattel mortgages, and other 
 such papers as are required by law to be filed in his office. 
 He receives two dollars a day for the time actually spent in 
 the discharge of his duty, and fees for other duties. He is 
 a member of the town board and assists the supervisor 
 in preparing a list of jurors. 
 
 The Assessors. 1 Each town elects three assessors to 
 appraise the property of individuals residing in the town, 
 in order to determine each property owner's share of the 
 state, county, and town taxes. It is their duty to prepare 
 
 1 Cities, like towns, have assessors with similar duties.
 
 THE TOWN 19 
 
 the assessment roll for their town. Among other things 
 this roll must contain the names of all taxable persons, 
 with the statement of the real and personal property of 
 each and its value. When this roll is completed, it is 
 the duty of the assessors to give public notice that upon 
 a certain day they will meet at a specified place to consider 
 complaints against their valuation of property and correct 
 any errors which may have crept into the roll. The day 
 thus specified is called " grievance day," and any person 
 who objects to his assessment may appear in person 
 before the assessors and have his assessment corrected 
 by " swearing off " his assessment, that is, by making oath 
 that he has been overassessed. The assessors assist the 
 supervisor and town clerk in preparing jury lists. They 
 receive two dollars per day for actual time spent, and serve 
 for two years. 
 
 The Collector. When the assessors have finished their 
 work and made out the assessment roll, it is turned over 
 to the town clerk, who later delivers it to the supervisor. 
 The board of supervisors at the annual meeting appor- 
 tions to each town its share of the state and county tax. 
 These taxes, together with the tax which each town raises 
 for its own use, constitute the total tax which each town 
 is to raise. To the tax roll thus completed the board of 
 supervisors affix a warrant (authority) under the seal of 
 the county, signed by the chairman and clerk of the board, 
 directing the collector of the town (or other tax district — 
 for example, village or city) to whom it is to be sent to 
 collect from each person named in the roll the tax set 
 opposite his name. 1 The collector then proceeds to collect 
 
 1 You have learned in arithmetic how each man's share of a tax is ob- 
 tained. First, you found the total tax to be raised for all purposes — 
 state, county, town, village, or city. Then you divided this total tax by
 
 20 ACTUAL GOVERNMENT OF NEW YORK 
 
 the tax. He turns over to the superintendent of highways 
 of the town, to the overseers of the poor, and to the super- 
 visor such portions of the money as the town voted to 
 spend for highways, care of the poor, and other expenses 
 of the town respectively, and to the county treasurer the 
 residue of the money collected. The collector must give a 
 bond for the faithful performance of his duty. His term 
 is for two years, and he receives a certain percentage of 
 the tax collected as a compensation, it being supposed 
 that if the amount he receives for his services depends 
 upon the amount of tax he collects, he will make a better 
 collector than he would if he were working for a fixed 
 salary. He may cause property to be sold when the taxes 
 are not paid. 
 
 Constables. It is the business of the town to preserve 
 peace. To enforce the laws against wrongdoers, each 
 town has its police or constables, from one to five in num- 
 ber. These officers arrest disorderly persons and take them 
 before a justice of the peace for trial and punishment. 
 They serve summonses (orders to appear in court) and 
 subpoenas (orders to appear in court as witnesses in a suit 
 at law). Thus the town performs a distinct duty in the 
 care of our peace and happiness, the safety of our persons 
 and property. 
 
 Town Superintendent of Roads and Bridges. Our 
 roads are the centers of commercial life in towns as streets 
 are in cities. To have poor roads full of ruts and stones, 
 poorly constructed sluices and bridges which endanger 
 the lives of horses and ourselves, damage or destroy our 
 
 the total assessed valuation of the property to be taxed. This gave the 
 tax rate. Then you multiplied each man's assessment by this rate and the 
 result was his tax. Problem: The taxable property of a town is assessed 
 at $8,525,675. If your assessment is $6700, how much of the total tax of 
 $73,475 wm y°u pay?
 
 THE TOWN 21 
 
 property, is very poor business. Yet we still find bridges 
 washed away, stones in the ruts, and other obstructions 
 in the highways of the country. These render travel diffi- 
 cult for those passing through the town, and make it very 
 expensive for farmers to get their produce to market and 
 the necessary supplies home, since their teams cannot 
 haul much more than half a load. It is therefore for the 
 good of those who live in the country as well as of those 
 passing through it that the roads be well built and well 
 kept. In this matter the town has large responsibilities. 
 To encourage towns in good road-building, the state 
 will assist to the extent of from fifty to ninety percent 
 of the cost of construction. This work is under the 
 direction of the town superintendent of roads and bridges. 
 His term is for two years, and he is paid a salary of five 
 dollars per day. He is charged with the general duty 
 of keeping the roads, sluices, culverts, and bridges in 
 repair and free from stones and snow. For this purpose 
 he may divide the town into sections, and employ persons 
 with teams and tools. With the approval of the town 
 board, he may purchase stone-crushers, steam rollers, 
 traction engines, road machines, and other machinery and 
 tools to be used for the construction of new roads and for 
 the repair of old ones. With the approval of the county 
 superintendent of roads, he may hire any or all of the 
 above machines, the expense for which is to be borne 
 by the town. In certain instances, new roads may be 
 constructed at the joint expense of state, county, and 
 town if such roads form a part of a county system of 
 main highways. 
 
 Overseers of the Poor. Two thousand years ago the 
 question as to how the poor and. the sick should be cared 
 for by those who were well and able was under discussion.
 
 22 ACTUAL GOVERNMENT OF NEW YORK 
 
 This discussion has been crystallized and handed down 
 to us in the story of the good Samaritan. Read it, for 
 nowhere else is our duty to our unfortunate neighbor so 
 clearly stated. For the care of the town's poor one or two 
 officers, known as overseers of the poor, are chosen at the 
 town meeting for a term of two years. It is their duty to 
 inquire carefully into the needs of the very poor, and to 
 assist worthy cases at their homes, or, if the case warrants, 
 to send the needy person to the county almshouse. This 
 should not be done, however, except as a last resort. 
 Relatives who are able are obliged to provide for their 
 own poor. In many instances the aid needed is only 
 temporary, being due to illness or to failure to secure work. 
 The expense is borne by the town and the tax is voted at 
 the town meeting. These officers are paid two dollars per 
 day for actual services. 
 
 Justices of the Peace. For the administration of all 
 minor matters of both criminal and civil law (criminal 
 law has more to do with violence in various forms, while 
 civil law deals with property and other damages) towns 
 elect four justices of the peace. A justice court is the 
 lowest court in the state ; its jurisdiction does not extend 
 to cases at law involving more than $200, while murderers 
 and burglars cannot be tried in a justice court. They 
 may, however, be examined and sent to jail to await the 
 action of a higher court. If any decision of the justice 
 court is not satisfactory to either party to the suit, it may 
 be appealed, that is, taken to the county court for settle- 
 ment. Justices of the peace are chosen for four years 
 and are paid by fees. They are members of the town 
 board, and when serving in such capacity, receive two 
 dollars per day. A justice of the peace presides at the 
 town meeting.
 
 THE TOWN 
 
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 24 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Town Board. The town board consists of the 
 supervisor, town clerk, and two or more justices of the 
 peace. Its duties are to appoint inspectors of election, to 
 pass upon all bills and accounts of the town officers, and to 
 consider charges and accounts presented against the town. 
 The board has certain joint duties with the town superin- 
 tendent of highways. The members receive two dollars 
 per day for services rendered. Appeals may be taken from 
 the decision of the town board to the county board of 
 supervisors, which has power to reverse decisions. 
 
 Town Auditors. If the voters at the town meeting 
 so desire, they may elect three auditors to perform the 
 duties otherwise performed by the town board. It is not, 
 however, the custom to do this. 
 
 Fence Viewers. The superintendent of highways and 
 the assessors constitute a board of fence viewers in each 
 town. Their duties consist in adjusting disputes over 
 line fences between adjoining owners and over the killing of 
 sheep by dogs. They receive a fee for such services. 
 
 School Directors. Two school directors are elected 
 in each town for a term of five years. They receive two 
 dollars per day for actual service, and are allowed travel- 
 ing expenses. All the directors of a supervisory school dis- 
 trict, which may include several towns, meet and organize, 
 after which they elect by ballot a district superintendent of 
 schools for a term of five years. There are about 2000 
 school directors in the state. In their choice of a district 
 superintendent, directors are limited by law to candidates 
 who hold a license to teach in any of the public schools 
 of the state, that is, in city and village schools as well as 
 in country schools. The candidates in addition must have 
 passed the state examination covering the teaching and 
 supervising of courses in agriculture.
 
 THE TOWN 
 
 25 
 
 Inspectors of Election. The number of inspectors of 
 election depends upon the number of election districts 
 in the town. There are four inspectors for each district, 
 chosen by the town board in each year in which a town meet- 
 ing is held. 1 They are representatives of the two political 
 parties casting the highest number of votes in the previous 
 November election. Their duty is to serve at the election, 
 checking off the name, from the registered list of voters, of 
 each voter as he casts his ballot. They also count the votes 
 after the polls have been closed, and certify to the correct- 
 ness of the returns. They serve for two years and are 
 paid $4 to $6 per day for actual service. 
 
 Vacancies. Vacancies in any of the offices of the town 
 may be filled by the town board. 
 
 QUESTIONS ON THE TEXT 
 
 1. Briefly state the history of town government in this 
 country. 
 
 2. What business is transacted at a town meeting? 
 
 3. Who may vote at a town meeting? 
 
 4. What are the qualifications for holding office in the town 
 government? Are there any exceptions to these qualifications? 
 
 5. Name the officers elected at a town meeting. 
 
 6. When is the supervisor a town officer and when a county 
 officer ? 
 
 7. Compare the executive power of the supervisor with that 
 of the sheriff and governor. 
 
 8. What are the duties of the assessors? Explain fully. 
 What is meant by the expressions "grievance day," "swearing 
 off"? 
 
 1 As provided by paragraph 311 of the election law, 1914 edition.
 
 26 ACTUAL GOVERNMENT OF NEW YORK 
 
 9. How is the total tax which the town is to raise made up ? 
 
 10. To whom does the collector of the total tax assessed 
 against the property of the town turn over the moneys thus 
 collected ? 
 
 11. Why is a bond required of the collector for the faithful 
 performance of his duty ? 
 
 12. What principle is involved in paying the collector a com- 
 mission rather than a salary in the collection of taxes? 
 
 13. How many constables are there in your town ? What 
 
 are their duties ? 
 
 14. Who owns the roads and bridges in the town ? Why are 
 they of special concern to the people of the town ? to the people 
 of the county? to the people of the state ? 
 
 15. What part do the state and county take in the build- 
 ing of good roads in the town ? Is this justifiable? Why? 
 
 16. What is the name of the officer who has charge of the 
 roads and bridges in the town ? How is he elected ? For how 
 long ? What is his compensation ? 
 
 17. Why should a town be charged with the care of its poor ? 
 To what officers is this work intrusted? 
 
 18. Outline the proceedings in a justice court. 
 
 19. What officers of the town constitute the town board? 
 Mention the duties of the town board. 
 
 20. If town auditors are elected at a town meeting, what 
 body of town officers do they supplant? 
 
 21. What are the duties of the fence viewers, and what town 
 officers constitute this board ? 
 
 22. How many school directors are elected in each town? 
 What are their duties?
 
 CHAPTER IV 
 
 THE VILLAGE 
 
 Why we have Villages. You have probably noticed 
 that many villages are situated upon some body of 
 water ; frequently this body of water is a running stream 
 furnishing water power. As the country became settled, 
 this water power was utilized for the purpose of grinding 
 the grain to save its being done by hand, as was the 
 custom before we had gristmills. The miller exchanged 
 his labor with farmers for food and clothing for his fam- 
 ily, which of course he could not produce while attending 
 the mill. The growing need of the farmers for wagons 
 and sleighs made the wheelwright necessary. He located 
 on the same stream with the miller, that he too might 
 use the water power to assist him in turning spokes and 
 hubs for wheels and in shaping other parts of his wagons 
 and sleighs. The blacksmith followed the wheelwright 
 to iron the wagons and sleighs and to shoe the farmers' 
 horses. Thus the surrounding country journeyed to the 
 miller, the wheelwright, and the blacksmith/ and we had 
 the nucleus T>f the village. Soon it was found more eco- 
 nomical to have the foodstuffs and clothing which could 
 not be raised or manufactured in the community brought 
 there by one man rather than for each to journey long 
 distances for himself. Thus the merchant located near 
 the miller and the wheelwright, and the village grew. In 
 process of time the schoolmaster and the preacher fol- 
 
 27
 
 28 ACTUAL GOVERNMENT OF NEW YORK 
 
 lowed, manufactories increased, and the surplus goods and 
 products were taken to other places and exchanged for 
 things not produced by the community. Thus the little 
 settlement grew into a village. Because of a large num- 
 ber of families thus settling upon a comparatively small 
 area, certain necessities arose, such as the need of fire and 
 police protection, sidewalks, streets, health regulations, 
 schools, etc., which did not exist before such settlements 
 were formed. Hence the necessity for some organization 
 and agreement concerning these matters. 
 
 Relation of Village to Town. A village, whether or 
 not it is incorporated, still remains a part of the town or 
 towns in which it is located. Its residents pay taxes to 
 the town government and are subject to the laws passed 
 at the town meeting, in which they may take part. For 
 their own special purposes, however, a separate govern- 
 ment may be formed, providing, of course, the village is 
 sufficiently large to meet the requirements under state 
 law, for villages, like towns, are created by state law, which 
 strictly limits what a village may or may not do. 
 
 Why a Separate Village Government is Needed. By 
 the collection of a large number of buildings and the 
 massing of people together on a small area, the dangers to 
 life and property correspondingly increase, and special pre- 
 cautions have to be taken in order to reduce this risk 
 as much as possible. One of the means for reducing the 
 risk to property is the procuring of an abundant water 
 supply to be used in case of fire. In order to use this 
 water supply in case of fire, it becomes necessary to bring 
 the water in pipes into the village, distribute it through 
 the streets, and provide fire apparatus. It has been 
 found more economical for all to contribute toward a 
 general supply and apparatus than for each one to have
 
 Firemen at Work saving Life (above) and a Policeman 
 
 MAKING THE STREETS SAFE (below) 
 
 29
 
 30 ACTUAL GOVERNMENT OF NEW YORK 
 
 his own separate supply and apparatus to be used for the 
 same purpose. In a similar way some protection to health 
 has been secured by uniting upon a plan whereby garbage 
 and other refuse shall be collected at the expense of the 
 village and taken away and disposed of. Convenience 
 in traveling has made it necessary to have sidewalks 
 and paved streets, and to light the streets. There have 
 been found necessary policemen to enforce the village and 
 city regulations, courts in which to try offenders, larger 
 schools than required in the country districts, and other 
 activities and institutions of local importance, all of 
 which have been caused by the settlement of a large 
 number of people in a small area. The expense for 
 maintaining these, as a matter of common justice, rests 
 with those receiving the benefits and not with the people 
 of the towns. 
 
 Formation of Villages. The duty of incorporating 
 villages and restricting their powers of taxation, assess- 
 ment, borrowing money, contracting debts, loaning their 
 credit, etc., is intrusted by the state constitution to the 
 legislature with a view to preventing abuses along these 
 lines. The legislature has accordingly provided that a 
 territory not exceeding one square mile, having a popula- 
 tion of at least two hundred, not including a city or 
 village already incorporated, may become incorporated. 
 The first step toward such incorporation must be taken 
 by the people. At least twenty-five adult freeholders 
 (landowners) and residents of the territory must submit 
 a proposition for incorporation to their supervisor. If 
 he consents, the matter is submitted to the voters at 
 a general election ; if not, the freeholders may appeal to 
 the county court. In any case the proposition must be 
 finally passed by the majority of the voters in the district
 
 THE VILLAGE 31 
 
 concerned. If a majority approves, then, upon filing a 
 certificate of their approval in the office of the county 
 clerk, the village is incorporated. 
 
 Villages Classified. For convenience in legislating, vil- 
 lages have been divided according to population into 
 four classes: Those of the first class must contain 5000 
 inhabitants or over ; those of the second class, from 3000 
 to 5000 ; those of the third class, from 1000 to .3000 ; those 
 of the fourth class, from 200 to 1000. Formerly a village 
 desiring to incorporate had to apply to the legislature for a 
 charter defining its boundaries, naming its officers, their 
 duties, etc. ; now all this is provided for by general laws 
 applying to all alike. In which class is your village? 
 
 Village Officers and their Election. The officers of a 
 village are the president, trustees, clerk, treasurer, assessors, 
 police justices, street commissioners. These officers, with 
 the exception of the commissioners, who are appointed by 
 the trustees, and the clerk, who may be either appointed 
 by the trustees or elected by the people, are elected 
 in the villages throughout the state on the third Tuesday 
 in March, unless the date coincides with that of the town 
 meeting of the town in which any part of the village may 
 be situated or with the general election, in which case 
 the election is held on the following day. One of the 
 reasons why a separate election is held for village officers 
 is to prevent the choosing of such officials whose duties 
 are purely local from in any way being overshadowed by 
 the election of higher officials such as state and federal. 
 Thus the business of a village is kept separate and con- 
 sidered on its own merits. 
 
 The Legislative Branch. The legislative branch of 
 the village government consists of the village meeting, 
 the board of trustees, and the village president. Villages
 
 32 ACTUAL GOVERNMENT OF NEW YORK 
 
 of the first class must have not less than two nor more 
 than eight trustees ; of the second class, not less than two 
 nor more than six; of the third and fourth classes, not 
 more than four nor less than two trustees. 
 
 The Village Meeting. Like the town meeting, the 
 village meeting has legislative powers. It selects the vil- 
 lage officers, and all questions relating to the large expen- 
 diture of village funds must be submitted to the tax-paying 
 voters of the village. Some of these questions are : Shall 
 the village put in or extend the waterworks system, create 
 or equip a fire department, build a police station, put 
 in or extend a system of street lighting, street paving, 
 sewerage or drainage, etc. ? Upon all questions relating 
 to expenditure of funds only taxpayers may vote ; for the 
 election of officers any qualified voter at a town meeting 
 may "vote. 
 
 The Board of Trustees. The state law relating to 
 villages provides that, among other duties, a board of 
 trustees has the power to establish a lockup, pound, clock, 
 and market ; to establish fire limits ; to name streets ; to 
 employ an attorney ; to construct drains and regulate water 
 courses ; to establish and regulate a village water supply 
 and provide lights. It also has all the powers of separate 
 boards of fire, water, light, sewer, and cemetery commis- 
 sioners, if the village has no such separate boards. The 
 trustees may make ordinances for the preservation of the 
 peace and for the order of the streets and public places of 
 the village ; they may regulate public amusements, the 
 speed of locomotives and cars at street crossings, the speed 
 of automobiles and other power vehicles, the use of fireworks, 
 inflammable materials, and gunpowder, and may issue cer- 
 tain uniform licenses. The board holds an annual meeting 
 on the Monday following the village meeting. A majority,
 
 THE VILLAGE 33 
 
 including the village president, constitute a quorum to do 
 business. Laws passed by the board of trustees are called 
 ordinances. Village trustees are elected for a term of 
 two years, one half of their number being chosen at each 
 annual village meeting (election). 
 
 The Executive Branch. The executive branch of the 
 village government consists of the village president, 
 clerk, assessors, overseer of the poor, collector, street com- 
 missioner, police, and such other officers and executive 
 boards and commissions as the village may have. These 
 officers are to carry out the wishes of the people as expressed 
 in the annual village meeting, and the ordinances of the 
 board of trustees. 
 
 The Village President. The chief executive officer 
 of the village is the president, chosen by the voters at the 
 annual village election for one year, and serves without 
 pay. He is the head of the police force, as the governor is 
 of the militia and the president of the United States is of 
 the army. He presides at all meetings of the board of 
 trustees and has a vote in that body, but does not have 
 the veto power over its proceedings. It is his duty to 
 enforce the ordinances passed by the board of trustees, 
 and he may sue any person or corporation in the name 
 of the village for the collection of any sum due it. He 
 must be a property owner paying taxes for the support of 
 the village government. Since the president has a vote in 
 the board of trustees, he has legislative as well as execu- 
 tive power. 
 
 Other Executive Officers. The other executive officers 
 of the village are the clerk, overseer of the poor, assessors, 
 collector, street commissioner, and treasurer. The treas- 
 urer receives and pays out the public money belong- 
 ing to the village ; the collector collects the tax voted
 
 34 ACTUAL GOVERNMENT OF NEW YORK 
 
 to defray the annual expenses for maintaining improve- 
 ments and the village government ; the assessors value 
 the property upon which the tax is to be raised (see para- 
 graph on assessors in Chapter III, pp. 18-19) ; the clerk acts 
 as clerk of the board of trustees and is also custodian of 
 the public records of the village ; the commissioner of 
 streets has charge of the streets, sidewalks, and bridges, 
 under the direction of the board of trustees, and may also 
 arrange for and supervise the disposal of garbage. 
 
 The Judicial Branch. The judicial branch of the vil- 
 lage consists of a police justice, who is elected every four 
 years by the voters of the village at the annual election. 
 Persons charged with the violation of the village ordi- 
 nances are brought before the police justice, where they are 
 tried ; that is, a careful inquiry is made as to whether 
 or not they have committed the offense as charged. If 
 found guilty, the justice determines what their punish- 
 ment is to be ; this is called a sentence. If they are shown 
 to be innocent, the justice dismisses the charge against 
 them and they go free. A constable usually makes the 
 arrest, bringing the accused person before the police justice 
 for trial. The police justice may direct that criminals 
 be arrested, and he may hold a court of special sessions 
 for the trial of misdemeanors (petty crimes) committed in 
 the village. Inasmuch as a village may be sued or may 
 sue in courts of law like an individual for any sum of money 
 which it owes or which is due it, the board of trustees 
 appoints a village attorney, whose duty it is to represent 
 the interests of the village in all matters of law to which 
 the village is a party. 
 
 Board of Education. The large number of children 
 in a village make large demands for schools and teachers. 
 In order that their interests may be carefully looked after,
 
 THE VILLAGE 35 
 
 a board of education of not less than three nor more than 
 nine members is elected at the annual charter election 
 of the village, the ticket being marked " for school trustee." 
 Incorporated villages are usually organized into a union 
 free school district, and as such are entirely free from the 
 village government in all matters pertaining to the educa- 
 tion of the children of the village. The expenditure of 
 large sums of money for school buildings or extensions, 
 sites, etc. must be submitted to the voters, but in all 
 minor expenditures for repairs, extensions, etc. the board 
 of education has full authority. It also has full authority 
 to prescribe the course of study, the textbooks to be used, 
 and to supervise the work of the schools ; to hire duly 
 qualified teachers, janitors, and librarian ; to provide for 
 the heating, lighting, and cleaning of the buildings ; to 
 insure all school property and have full charge of the same ; 
 to provide for the medical inspection of the pupils, estab- 
 lish night schools and kindergartens, and otherwise to 
 provide for an efficient school or system of schools. For 
 the maintenance of these things the board of education 
 is empowered to raise and collect a tax upon the taxable 
 property of the village. The officers of the board of 
 education are a president, treasurer, clerk, and collector, 
 who perform the same duties that these officers perform in 
 the school district. In villages of five thousand inhabitants 
 or more the board of education may appoint a super- 
 intendent of schools who becomes, the executive officer of the 
 board, recommending teachers, textbooks, supplies, and 
 courses of study, library books and apparatus, and rules 
 and regulations for the management of the schools. 
 
 Public Utilities. By public utilities we mean those con- 
 veniences and necessities furnished by some central author- 
 ities — for example, street lights, water supply. These
 
 36 ACTUAL GOVERNMENT OF NEW YORK 
 
 utilities are usually supplied by a private corporation, 
 although in some instances they are furnished by the 
 village. The water supply is usually provided by the vil- 
 lage, and the tendency seems to be toward public ownership. 
 The reason for this is apparent when we consider that 
 water is needed for the cleaning of our streets, the flushing 
 of our sewers, and for our fire department, as well as in our 
 homes. An abundant and pure water supply increases 
 the value of property, makes life more secure, reduces 
 the risk of loss of property by fire, reduces thereby 
 the cost of insurance, and makes any village more 
 desirable for business and residence. Where these utili- 
 ties are conducted by private corporations, they come 
 under the supervision of the state public-service com- 
 mission, whose duty it is to look after the rights of 
 individuals. 
 
 Streets and sidewalks are usually public property. 
 These are laid out, built, and maintained by general 
 ordinances passed by the board of trustees. The laying 
 out, building, paving, and repairing is a public expense, 
 to be borne by the property owners of the village. The 
 method of raising the tax is sometimes to divide it be- 
 tween the village as a whole and the abutting property 
 of the street improved. Sidewalks are built by the 
 owners of the abutting property. The same method is 
 followed in the construction of sewers and drains — that 
 is, either making the cost a general charge upon the whole 
 village or dividing it between the village and the abutting 
 property. Streets are to be used for the general purpose 
 of travel and traffic. They may also be used on the surface 
 for street cars and for poles, for electric light, telegraph, 
 and telephone wires, and beneath the surface for sewers 
 and water and gas mains. Whenever streets are to be so
 
 THE VILLAGE 37 
 
 used by private corporations, consent must first be had 
 from the village. This consent is called a franchise. A 
 franchise is obtained by making application to the village 
 trustees, who may vote to grant one for a limited number 
 of years or for a longer period. A franchise is an agreement 
 between the village and a private corporation, giving the 
 corporation permission to do certain things and to use the 
 streets for certain purposes, in return for which it is 
 to establish the new utilities within the village. These 
 franchises usually relate to street lighting, water supply, 
 street railways, and telephones. Generally speaking, a fran- 
 chise should be an agreement for a limited number of years, 
 in order to protect the corporation and also the village. 
 A certain per cent of the gross earnings of the corporation 
 under the franchise should go into the treasury of the village. 
 
 Fire Protection. For protection against fire, a fire 
 department is organized. This usually consists of volun- 
 teers, but occasionally of paid firemen. The village always 
 supplies hose, hose carts, engines, hooks and ladders, and 
 various other devices for the successful righting of fire. 
 It also controls hydrants in different parts of the village 
 for the use of the firemen. 
 
 The Board of Health. The board of health has under 
 its immediate supervision the general health of the village. 
 It has the right to quarantine houses where there are cases 
 of contagious diseases ; to test the water supply as to its 
 purity and suggest methods of improvement; to see that 
 all refuse, garbage, etc. is properly cared for. Where 
 there are sewers, the board has the right to force all owners 
 of public and private property to connect with them, and 
 to call attention to the need for cleaning the streets in case 
 of neglect of the regular street commissioner, where there 
 is such an officer. The board of health is under the direct 
 
 45197
 
 38 ACTUAL GOVERNMENT OF NEW YORK 
 
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 THE VILLAGE 39 
 
 supervision of the state commissioner of health, who may 
 order a quarantine of a village, town, or section of the 
 state. In the case of diseases dangerous to the health of 
 the state (for example, the hoof and mouth disease among 
 cattle in 191 5), the state takes control and, with the help of 
 local authorities, stamps them out. The care of the public 
 health is important. Persons having diseases which can be 
 given to others should gladly submit to quarantine. Failure 
 to observe quarantine regulations is punishable by law. 
 
 QUESTIONS ON THE TEXT 
 
 1. Show how natural advantages determine to some extent 
 the location of a village. 
 
 2. Show how the village, whether incorporated or otherwise, 
 is still subject to the town government. 
 
 3. Why is a separate government needed for the village? 
 
 4. What authority does the state constitution give to the 
 legislature over the affairs of the village ? 
 
 5. What are the steps necessary to bring about the in- 
 corporation of a village? 
 
 6. Give the different classes of villages and tell to what 
 class your village belongs. 
 
 7. Mention the officers of the village and one duty per- 
 formed by each. 
 
 8. What is the advantage of holding the village election the 
 third Tuesday in March instead of at the general election in 
 November ? 
 
 9. Mention the three parts of the legislative branch of the 
 village government. Give one illustration of legislation under 
 each branch. 
 
 10. Outline the work done at the village meeting. Why 
 should all questions relating to a large expenditure of funds be 
 submitted to the tax-paying voters of the village?
 
 40 ACTUAL GOVERNMENT OF NEW YORK 
 
 11. What village authority has the power to establish fire 
 limits, employ an attorney, regulate the village water supply? 
 
 12. Name the executive officers of the village and one duty 
 of each. 
 
 13. Compare the chief executive officer of the village with 
 the chief executive officer of the town and county. 
 
 14. Who tries persons charged with the violation of a village 
 ordinance ? 
 
 15. What are the duties of the village attorney? 
 
 16. Show why it is better to separate the schools of a village 
 and their management from the village government. 
 
 17. Give the powers and duties of a board of education and 
 the method of their election. 
 
 18. Show how an abundant and pure water supply increases 
 the value of property. 
 
 19. What is a franchise, and how is it obtained ? 
 
 20. Why is it better for a village to limit its franchises?
 
 CHAPTER V 
 
 THE CITY 
 
 General Statement. A city might be called an over- 
 grown village. At one time it was a village, and in the 
 early beginning probably a very small settlement. What 
 has been said in the chapter on The Village applies 
 equally to the city. The organization and government 
 are similar. The city, therefore, might be characterized 
 as an intensified village. Like villages, cities are usually 
 located in the neighborhood of some natural advantage, 
 such as water power, mineral deposits, excellent sea or 
 lake port, or navigable river. Since our cities were 
 located before the days of railroads, canals, steamships, 
 and electricity, the reason for thus selecting a spot favored 
 by nature is even more apparent than under present con- 
 ditions. In the study of your city it is well to note these 
 natural advantages and to learn as much as possible about 
 its early history. Learn also about its government, its 
 various activities, what persons are responsible, and to whom 
 they are responsible, for the faithful discharge of the duties 
 connected with these activities, how people get appointed 
 or elected to the positions which they hold, how delin- 
 quent officials may be made to do their duty, the methods 
 used in governing other cities — in short, ascertain in detail 
 those things which lead to an intelligent understanding of 
 the conditions in your city, why they exist, and how they 
 may be continued or changed. 
 
 41
 
 42 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Street. The streets and the parks of a city are 
 owned and cared for by the city, and include most of 
 the unoccupied space within the city limits, except vacant 
 lots here and there which are private property. It will 
 be seen, therefore, that the street in a city is more em- 
 phatically the center of all city life — that is, of traffic, 
 travel, utilities, etc. — than in the village or in the country, 
 because of the difference in density of the population. 
 Every one is interested in the streets of his city — in 
 having them well laid out, well paved and curbed, prop- 
 erly bridged, cleaned, and drained, provided with suitable 
 gutters, sidewalks, sewers, etc. It is our duty to know 
 how these matters are brought about, how permission 
 may be obtained to use the streets for private gain as 
 well as for public good, for what streets may be used 
 below the surface, on the surface, above the surface, who 
 pays for all of these things, how the money is obtained, 
 and the many other interesting details about our streets 
 which demand constant care and expense. 
 
 How Streets are laid out: New Problems. There 
 is little or no difficulty experienced in the matter of laying 
 out streets or putting through a new street in the early 
 beginning of a city. Later, however, when the city has 
 grown and the property becomes exceedingly valuable, 
 difficulties arise which did not before exist. In the case 
 of difficulty, however, at the beginning or at a later 
 period, the process of taking private property for public 
 purposes is the same. This process is called exercising the 
 right of eminent domain (see p. 97). Art. I, sect. 7, of the 
 constitution provides that private property shall not be 
 taken for public use without due process of law and 
 without just compensation. Due process of law would 
 be for the city to present to the supreme court a petition
 
 I 
 
 
 j 
 
 
 5 1 1 n : £ 
 
 
 
 \ 
 
 Cleaning the Streets 
 
 Health depends largely upon cleanliness. Another direct benefit of city govern- 
 ment is the removal of refuse from the streets 
 
 43
 
 44 ACTUAL GOVERNMENT OF NEW YORK 
 
 to have the street put through in the desired locality. 
 The supreme court would appoint three commissioners, 
 whose duty it would be to take evidence as to the need 
 of the street and the value of the property. If the street 
 is ordered by the commissioners, the property is said to be 
 condemned and may then be used for the public good. 
 The owner of the property is awarded suitable damages ; 
 that is, he is paid for his property. These proceedings are 
 frequently referred to as condemnation proceedings. It not 
 infrequently happens that streets are laid out by the owner 
 of the property, who also provides proper drains, sewers, 
 curbs, sidewalks, lights, etc. at his own expense, knowing 
 full well that these improvements will increase the value 
 of his property and make it more salable. It sometimes 
 happens also that if a city will agree to make the above 
 improvements through private property, the owner will 
 give the city the right of way through his property, since 
 the value of the remainder will be increased. In these 
 last two instances condemnation proceedings, with the 
 attendant expenses, would be unnecessary. 
 
 Use of the Streets. Streets and country roads are used 
 primarily for travel and traffic. These streets are expen- 
 sive, and their first cost for grading, paving, etc. is borne 
 by the abutting property. Along them we have the 
 right to pass for the ordinary purposes of social and com- 
 mercial life, but we have no right to interfere with the 
 same rights of others. We would not, therefore, be per- 
 mitted to drive through them at a high rate of speed, to 
 make a speech on a street corner, or to organize a parade, 
 without first obtaining permission from the proper officer. 
 In congested centers, convenience and safety require that 
 we observe traffic regulations and pass down the right- 
 hand side of the street. Streets should not be paved
 
 THE CITY 45 
 
 until water, gas, and sewer mains are laid and connections 
 brought inside the curb line for each building and each 
 vacant lot, in order that the unnecessary expense of tear- 
 ing up the pavement and relaying it may be avoided. 
 
 Village and city streets are used for other purposes, 
 among which are the following: (i) below the surface — 
 for sewer and drain pipes, gas and water mains, electric 
 light, telephone, and telegraph wires, and subways for all 
 kinds of traffic ; (2) on the surface — for all kinds of vehi- 
 cles, pedestrians, trolley cars, steam railways at grade 
 crossings or running parallel with and through streets at 
 grade, and on the sides for electric light, telephone, and 
 telegraph poles ; (3) above the surface — for elevated steam 
 and electric railroads to facilitate traffic, especially in con- 
 gested centers. 
 
 How Permission to use the Streets is Gained. As a rule, 
 cities own their sewerage and drainage systems, and the tend- 
 ency seems to be toward owning their water systems. The 
 successful use of sewers compels the use of the public water 
 supply, and this is equivalent to compelling people to pat- 
 ronize a private enterprise if the supply is not publicly 
 owned. Then, too, the efficiency of the fire and street-clean- 
 ing departments is largely dependent upon the abundance 
 and efficiency of the water supply. There is a further tend- 
 ency for cities to own or control the electric light and gas 
 plants. In a majority of cases, however, such public utili- 
 ties as those mentioned above are owned and operated by 
 private corporations. When this is the case, it becomes 
 necessary for these private companies to obtain permis- 
 sion to use the streets for their pipe lines below the surface 
 or for their poles along the sides. This permission is 
 granted by the common council, and is called a franchise, 
 or charter, defining the rights, duties, and limitations of
 
 46 ACTUAL GOVERNMENT OF NEW YORK 
 
 the company named in the franchise. There is a growing 
 tendency toward limiting these franchises to a definite 
 period of time, sufficiently long to protect the company 
 making the large investment and sufficiently short to pro- 
 tect the city granting the privilege, which privilege usually 
 establishes a monopoly in the commodity manufactured 
 or supplied by the company. Corporations are sometimes 
 required to pay into the treasury of the city a certain 
 per cent of their gross earnings, thus sharing in the burden 
 of maintaining the city^ government. Inasmuch as the 
 franchise empowers a corporation to tear up pavements, 
 which it must replace but which it can seldom lay as well 
 as originally, it is only just that the corporation bear its 
 full share of the expense of city government. 
 
 A City's Business. There are many things which can 
 be better and more economically done by the city than 
 by individuals. These various matters are performed 
 under the direction of well-organized departments of 
 education, health, fire, police, justice, care of the poor, 
 finance, etc., all except the department of education being 
 responsible to the mayor and common council. This work 
 calls for a large number of employees, and for the same 
 business and executive ability that is required in managing 
 a large department store. It makes no difference whether 
 it is New York, San Francisco, or Peking, the same principles 
 of pure business are involved. Politics, therefore, should 
 form no part in the selection of city officials, who should 
 be chosen for their known business ability and sterling 
 integrity. An employee of the city drawing a day's wage 
 should be made to render the same service that he would ren- 
 der a private individual. This, however, is not always done. 
 
 The City Charter. The source of city government is 
 the charter granted by the state legislature. This charter,
 
 THE CITY 47 
 
 or constitution, defines the boundaries of the city, divides 
 it into wards, and names the officers to be elected, setting 
 forth their powers and duties and authorizing the citizens 
 to elect such officers. When a city is thus organized, 
 it becomes independent of the town or towns included 
 wholly or in part within the city boundary. Where the 
 whole town or towns are thus included, town governments 
 cease altogether, and the same is true for that part of 
 a town included within the boundaries of a city. 
 
 The government of a city, like that of the nation, state, 
 and county, is divided into legislative, executive, and judi- 
 cial departments, but no department of the city government 
 exercises authority not specifically granted it by its char- 
 ter, which is the fundamental law made for it by the state 
 legislature. A city government, therefore, is one of strictly 
 delegated powers. 
 
 Cities Classified. All cities are divided, according 
 to the state constitution, into three classes. The first 
 class includes cities having a population of 175,000 or 
 more ; the second class includes those cities having a 
 population of over 50,000 and less than 175,000; the third 
 class includes all cities having a population of 50,000 or 
 less. In granting a charter the legislature does not lose 
 its power to regulate the city's affairs. It may pass gen- 
 eral laws affecting all the cities of a class or of all classes, 
 or it may pass special laws relating to a single city or to 
 a less number than is represented by a whole class. Gen- 
 eral city laws may be enacted by the legislature at will, 
 and thus the charters become modified. In the case of 
 special city laws, however, the fact is different. Such 
 laws have to be referred to the mayor of the city con- 
 cerned, to be considered by him in cities of the first class, 
 and by him and the common council in all other cities,
 
 48 ACTUAL GOVERNMENT OF NEW YORK 
 
 and returned to the legislature if in session, or to the 
 governor if the legislature is not in session, within fifteen 
 days, together with a memorandum of approval or dis- 
 approval. If the bill is approved by the city authorities, 
 it then becomes, like any other bill, subject to the approval 
 or veto of the governor. If the city disapproves, the leg- 
 islature may repass the bill, and it is then subject, like 
 any other bill, to the action of the governor. Before such 
 action is taken, however, the legislature must provide for 
 a public hearing on the bill, due notice of which must 
 be given to the city or cities concerned. 
 
 Choosing of City Officials. In cities of the first and 
 second classes, city elections are held in the odd-numbered 
 years, and the tendency is to adopt this custom in cities 
 of the third class. The reason for thus holding city 
 elections is that federal and state elections are held in 
 the even-numbered years, and it is thought that interest 
 in these larger elections would minimize the importance 
 of local affairs. While city affairs, as has been pointed 
 out, are practically of a business nature, nevertheless 
 political parties strive to intrench themselves in power in 
 both federal and state matters by the advantage gained 
 in controlling city government and patronage. It is the 
 duty of citizens, however, to break up this custom and 
 to insist upon the choice of men whose business ability, 
 honesty, and efficiency are beyond question. One of the 
 reasons why it is at times difficult to get such men to 
 become candidates for office is because of severe and 
 usually baseless criticism to which they are subjected 
 from the day of their nomination until the close of their 
 administration. 
 
 Legislative Department. The legislative department 
 of a city consists of a board of aldermen or common
 
 THE CITY 49 
 
 council and the people. 1 The members of this body are 
 elected either by wards, each ward electing one member, 
 or at large by the whole city. The term of office is for 
 two years. The legislative powers of the board of alder- 
 men or common council are denned by the city charter 
 and are restricted to the city limits. The board may pass 
 ordinances regulating the use of 'the streets, sewers, drains, 
 docks, parks, and public buildings, and for the government 
 of the city's local affairs. It may also levy taxes for the 
 support of the city government and for other local pur- 
 poses, as provided by state law; borrow money for city 
 improvements under certain restrictions ; fix the salaries 
 of city officials ; apportion the public money for use by 
 the different departments of the city's activities ; grant 
 franchises, licenses ; and regulate traffic and certain tradeo. 
 In cities of the second class the city's business is carried 
 on by the mayor and common council, and the depart- 
 ments of public instruction, public works, finance, public 
 safety, assessment and taxation, charities and correction, 
 justice, estimate and apportionment, and law. Some 
 cities of the third class also have many of the above 
 departments. 
 
 Executive Department. The mayor is the chief exec- 
 utive officer of the city. He is elected by the voters of 
 the whole city. His duties are similar to those of the 
 governor ; for instance, he is the head of the police force, as 
 the governor is of the militia, and it is his duty to preserve 
 peace and enforce the ordinances of the common council. 
 In some cities he is the presiding officer of this body, 
 while in others a president of the board of aldermen is 
 
 1 City charters usually provide that questions involving the expenditures 
 of large sums shall first be submitted to vote of the people See School 
 Civics, Chapter XVIII.
 
 50 ACTUAL GOVERNMENT OF NEW YORK 
 
 elected by the voters of the entire city. Like the governor, 
 the mayor has the power of veto over the acts of the council, 
 which body, however, may repass the measure by a two- 
 thirds vote, when the ordinance becomes local law with- 
 out the mayor's approval. Many of the other executive 
 officers connected with the departments mentioned in the 
 preceding paragraph are appointed by the mayor, approved 
 by the common council, and many of them may be re- 
 moved by the mayor. Article V, section g, of the state 
 constitution, however, provides that in exercising his power 
 of appointment the mayor shall be subject to the civil- 
 service laws of the state, and appointments shall be made 
 according to merit and fitness, to be ascertained as far 
 as possible by competitive examinations, preference being 
 given to honorably discharged soldiers and sailors of the 
 United States who took part in the late Civil War. When 
 the mayor is not the presiding officer of the common 
 council, and frequently when he is, he prepares a message 
 outlining to the council such matters as in his judgment 
 demand their attention. Thus it will be seen that the 
 mayor has both legislative and executive power, and that 
 his duties are similar to those of the president and the 
 governor, over a much smaller field. 
 
 Other Executive Officers. Associated with the mayor in 
 the executive work of the city are the treasurer or chamber- 
 lain, comptroller, assessors, tax collector (when this work 
 is not done by the chamberlain), city attorney, street com- 
 missioners, and the heads of the various departments 
 mentioned above (p. 46). A large number of these offi- 
 cials are appointed by the mayor ; some of them are elected 
 by the people. Their work is sufficiently indicated by their 
 names and by the outline given in the chapter on The 
 Village. Inasmuch as the duties of officials vary in different
 
 THE CITY 51 
 
 cities, to understand one's own city a study of the city 
 charter is necessary. Get a copy from your city clerk. 
 
 Judicial Department. The judicial department consists 
 of one or more judges elected by the voters of the whole 
 city. In the city of Greater New York a certain number 
 of the city judges are appointed by the mayor, and a 
 certain number elected by the people. City courts try 
 cases for the violation of some city ordinances ; they are 
 also a part of the judicial system of the state, and as 
 such try cases involving the violation of state laws both 
 civil and criminal. If the sum involved in a civil suit is 
 large, or if the offense in a criminal case is of a more serious 
 nature, the case is tried by a higher state court. For the 
 trial of offenses committed by children the larger cities have 
 established juvenile courts. ' Again, in the matter of city 
 courts, it will be necessary to study the charter of your 
 city, since the number and organization of the courts differ 
 considerably in the different cities. 
 
 Term of City Officers. Many city officers may be re- 
 moved by state authority for sufficient cause. In all 
 cities of the first and second classes, city officers in the 
 legislative and executive departments are elected for a 
 term of two years — ■ a plan which is also being quite gener- 
 ally adopted in the cities of the third class. Appointive 
 officers usually have the same length of term as the elective 
 officers who make the appointments, although in some 
 cities commissioners of education, of public works, of fire 
 and police departments, and some others are appointed 
 for longer terms. Where there is more than one city 
 judge the term is usually from four to six years if the 
 judges are elected, and for a longer term if appointed 
 by the mayor. The salaries for the same officer differ 
 so widely that it is inexpedient even to make a general
 
 52 ACTUAL GOVERNMENT OF NEW YORK 
 
 statement. In some cities the mayor and aldermen receive 
 no compensation, and this is the rule for commissioners 
 of education. It is becoming quite general, however, to 
 hire an expert for the different appointive offices of a city 
 government, and to expect each to be as efficient as for 
 a private corporation. 
 
 Board of Education. The educational affairs of cities are 
 intrusted to a board of education, either appointed by the 
 mayor or elected, as are other city officials, by direct vote 
 of the people. The power of the board of education 
 differs in different cities. In some the board of educa- 
 tion has full power over the money to be expended 
 for running the schools ; in others this power ultimately 
 rests with the common council or board of estimate 
 and apportionment. In general, however, the duties of 
 a board of education in a city are the same as in a 
 village (p. 34). All matters pertaining to the care of 
 buildings, repairs, heating, lighting, courses of study, 
 apparatus, supplies, books, qualifications, and salaries of 
 teachers and other school officials are questions wholly 
 within the care of the board of education. It is their 
 duty to see that the provisions of the compulsory 
 school law are observed. Their work also extends to a 
 larger variety of schools — truant, training school for 
 teachers, technical schools, etc. — not usually found in 
 villages. The board of education appoints a superin- 
 tendent of schools, who becomes the executive officer of the 
 board and is charged with the responsibility of carrying 
 out its rules and regulations. In addition, the superintend- 
 ent of schools usually determines the course of study ; rec- 
 ommends the textbooks, supplies, and apparatus ; makes 
 general suggestions regarding the improvements of the 
 school buildings and grounds ; calls attention to the need
 
 THE CITY 53 
 
 of new buildings, proper heating and ventilating systems, 
 medical inspection of the children; inquires into, deter- 
 mines the fitness of, and recommends for appointment 
 candidates for teaching ; and performs many other duties 
 looking toward the increased efficiency of the schools. 
 
 Public Utilities. In cities, as in villages, water, gas, 
 and electric lights are furnished by some central authority 
 (p. 3 5) . It is important that you know whether this sendee 
 in your city is performed by a private corporation or 
 by the city itself ; whether the service is adequate to 
 the needs, and if not, how it can be made so ; the cost of 
 the service as compared with the cost of similar service 
 in other cities ; the tendency toward public ownership and 
 the reasons for this (for example, the relation of the water 
 supply to health, insurance, value of property, etc.). 
 
 Street-Cleaning. Because of its close relation to the 
 health of the city, one of the important departments of 
 city administration is that of street-cleaning. In congested 
 centers it becomes necessary to wash the streets by flush- 
 ing them with water from hydrants. The removal of 
 snow from the streets, where this is done, as in New York 
 City, materially increases the cost of cleaning, but is 
 necessary because of the fact that wheeled vehicles are 
 used the year round, and that, if not removed, the melting 
 snow is likely to result in blocked gutters and drains. 
 For this work large forces of men are employed. In New 
 York City these men are required to wear white uniforms. 
 Why is this? 
 
 Building Laws and Permits : New Problems. On 
 account of the great value of land in cities, due to the 
 tendency to crowd into the business sections, it has been 
 found profitable and convenient to build very high build- 
 ings, some of them over forty stories high. If these great
 
 54 ACTUAL GOVERNMENT OF NEW YORK 
 
 buildings, holding thousands of people, are improperly- 
 constructed, they are likely to collapse or become mere 
 traps in case of fire. Or they may not be properly sup- 
 plied with water and sewer connections, and be so poorly 
 lighted and ventilated as seriously to endanger the public 
 health. To avoid these difficulties the city council and the 
 state legislature have passed building regulations and deter- 
 mined fire districts to which all must conform. Within 
 these districts only fireproof buildings may be constructed. 
 A person desiring to build within the city limits must 
 obtain a building permit from the proper officer and follow 
 prescribed regulations as to water and sewer connections, 
 lighting and ventilating, plumbing, heating, materials to 
 be used in the construction, and many other important 
 details. Thus the city and the state work in harmony 
 for the protection of the individual. As the city grows 
 it becomes necessary to rid its streets of all poles and other 
 obstructions, such as overhead wires, etc., wherever possible, 
 to make the fighting of fire easier. When wires are thus 
 removed they are placed in conduits below the surface of 
 the street. Another perplexing problem is the proper 
 disposal of garbage. Formerly this garbage was emptied 
 into streams. Now resort is had to chemical processes and 
 to burning in order further to protect the public health 
 by ceasing to pollute the streams. While there are numer- 
 ous other problems peculiar to cities, these few will suffice 
 to show the difficulties which confront city officials and call 
 for the highest order of ability. 
 
 Police and Fire Protection. We usually think of the 
 police as officers who try to bring to justice those who 
 have transgressed the law in some way, and this is one 
 of their chief duties. But there is another duty equally 
 important, and that is the prevention of crime. It is the
 
 THE CITY 55 
 
 duty of these officers to be about the city looking after 
 our property and our persons before crime has been com- 
 mitted. In congested centers they take charge of traffic. 
 At times it is quite impossible for pedestrians to cross the 
 street without their aid, because of the number of cars 
 and vehicles. A well-organized and well-equipped fire de- 
 partment will make it practically impossible for destruc- 
 tive fires to occur frequently, if there are proper building 
 regulations. Where such a department exists, insurance 
 rates will be comparatively lower and property more 
 valuable. Policemen are always paid for their services ; 
 firemen frequently give their services in the smaller cities, 
 but are paid in the larger ones. The men engaged in 
 both the police and fire departments frequently are placed 
 in great danger. We should therefore render them all 
 possible aid and encouragement. 
 
 City Institutions. All cities have a jail or polfce station ; 
 some have more than one. In the larger cities the penal 
 institutions are imposing structures and under present 
 conditions seem to be necessary. In some cities the 
 sick are taken care of to some extent in hospitals at the 
 expense of the city. The poor are helped and the unfor- 
 tunate assisted in a number of ways. Added to these insti- 
 tutions are those supported by churches and philanthropic 
 organizations. In the more congested districts play- 
 grounds, recreation piers, roof gardens, and baths are 
 maintained at public and private expense for the care and 
 comfort of children. In some cities free lectures, concerts, 
 and museums are maintained. 
 
 City Finances. The cost of all this service mentioned 
 in this chapter is frequently very large and calls for the 
 expenditure of large sums of money. Ascertain what it 
 costs in your city. The sources from which this money
 
 56 ACTUAL GOVERNMENT OF NEW YORK 
 
 comes are principally as follows : from taxes upon real 
 estate and personal property; from special assessments 
 on property improved by a pavement, sewer, etc. ; from 
 licenses of various kinds ; from fines imposed by the courts 
 on individuals or corporations ; from fees for the recording 
 of documents, services, etc. ; from the rental of public prop- 
 erty. Assessors are chosen to appraise real estate and per- 
 sonal property (p. 18). This assessment forms the basis 
 for the tax. The city budget is made up from the esti- 
 mates for administrating the city government, the care of 
 its institutions, improvements, etc. The sum to be raised 
 is determined by subtracting the sum of the special taxes, 
 licenses, etc. received, from the amount of the budget. 
 The total tax to be raised is therefore less than the budget, 
 which includes the sums received from various sources. 
 The tax rate is determined by dividing the total tax to be 
 raised by the total assessed valuation. Many people con- 
 ceal their personal property and thus make it difficult for 
 the assessors to estimate correctly its real value. It is 
 well to compare your tax rate with that in other cities 
 from year to year. A comparison of this rate with the 
 state and federal tax is likely to be misleading unless 
 we remember that the federal tax is indirect — that is, 
 appears as a part of the price of an article and not as 
 a tax — and that the state tax, aside from the canal 
 tax, is received from taxing inheritances, corporations, 
 stock trading, licenses, etc., and not by a direct property 
 tax. However, these methods place the taxes upon the 
 people just as certainly as though they were not levied in 
 the present roundabout way, for the ultimate consumer 
 pays all the bills, whether it be for constructing a rail- 
 road, building a battleship, or paving a street. Any good 
 business man will verify this part of our work. To
 
 THE CITY 57 
 
 ascertain, then, what tax the people are paying, find out 
 what the state budget is, and that will be the amount ; 
 and the same is true in the federal government. The 
 state puts a limit upon a city as to the amount of indebt- 
 edness it may incur. 
 
 Commission Government. In recent years, however, 
 a deeper interest is being taken in the management of city 
 affairs, and a new form, known as the " commission plan," 
 is being tried. This plan places the management of the 
 city's affairs in the hands of three or five men, called com- 
 missioners. Ward lines are obliterated, and the commis- 
 sioners are chosen to represent the whole city. By nomi- 
 nating the commissioners at direct primaries (a place 
 where the individual voter may express by ballot his choice 
 as to candidate), and by using the " New Zealand ballot " 
 (by printing the names of the candidates alphabetically 
 without designating their political affiliations), partisan 
 politics are eliminated and the business affairs of the 
 city conducted in accordance with well-established business 
 principles. The commissioners are usually chosen for a 
 term which varies from two to six years, and are subject 
 to the initiative, referendum, and recall (see p. 399) ; that 
 is, if the commissioners do not pass ordinances which the 
 people desire, the people may by ballot instruct them to 
 do so (the initiative) ; or if the commissioners pass ordi- 
 nances which the people do not want, the people may by 
 ballot veto such legislation by registering their disapproval 
 (the referendum) ; or if the official acts of any commissioner 
 are objectionable to the people at any time during his term 
 of office, the people may by ballot dismiss him from office 
 (the recall). Acting together, the commissioners constitute 
 the legislative branch of the city government ; acting 
 separately, they constitute both the executive and judicial
 
 58 ACTUAL GOVERNMENT OF NEW YORK 
 
 branches. One of their number is chosen mayor and 
 acts as commissioner of public affairs; one has charge of 
 the police, fire, and health departments and is called the 
 commissioner of public safety; one has charge of the 
 public buildings, streets, bridges, sidewalks, parks, and 
 other public works and is called the commissioner of 
 public works; one has charge of the city's finances — 
 taxes, licenses, and revenue from other sources — and is 
 called the commissioner of finance; one has charge of all 
 the city's legal business, including its courts, both civil 
 and criminal, and is called the commissioner of justice. 
 Sometimes this department of justice is delegated to a 
 bureau, and the department of public works divided into 
 two departments — the one dealing with work of a perma- 
 nent nature, such as the laying out of a new street ; the 
 other with that of maintenance, such as keeping the street 
 clean. Each of the above departments is divided into a 
 number of bureaus charged with the detailed administra- 
 tion of affairs, but directly responsible to the commissioner 
 in charge of the department. All necessary assistants are 
 appointed by the commissioners and may be removed by 
 them. Contracts for the erection of public buildings, 
 street paving, sewers, drains, parks, and other city improve- 
 ments, and the granting of franchises, are entirely in the 
 hands of the commissioners, limited only by the city 
 charter, the initiative, referendum, and recall. As yet no 
 uniform plan for commission government has become stand- 
 ardized, and changes are being rapidly made. In Niagara 
 Falls and Dayton a modification known as the city-manager 
 plan is being tried. The commission chosen by the people in 
 turn chooses a business manager, who acts in relation to the 
 business affairs of the city as does the manager of any 
 corporation.
 
 THE CITY 
 
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 60 ACTUAL GOVERNMENT OF NEW YORK 
 
 QUESTIONS ON THE TEXT 
 
 1. In what general features are cities like villages? 
 
 2. Why are large cities usually located on some navigable 
 body of water, or near water power or some mineral deposit ? 
 
 3. Why is the street such an important feature of city life? 
 
 4. What is "eminent domain"? How are new streets in a 
 city laid out ? 
 
 5. For what may streets be properly used? How may in- 
 dividuals obtain the use of the streets for private gain? 
 
 6. What is the argument for granting limited franchises? 
 
 7. Define "condemnation proceedings," "franchise," "pub- 
 lic utilities." 
 
 8. If a private corporation is given permission to lay gas 
 mains through the streets, this carries with it the right to tear 
 up the streets to repair those mains even to the blocking of 
 traffic. Is this any reason why such corporations should pay 
 a certain percentage of their gross earnings into the city's 
 treasury in addition to their regular property tax? Discuss 
 fully the principle involved. 
 
 9. Mention the principal departments of city government 
 which have to do with the administration of a city's business. 
 
 10. What is the source of a city's authority? How is it 
 obtained ? 
 
 11. What becomes of the town or county government when 
 they are wholly included within the city's boundaries? 
 
 12. By granting a charter to cities, does the state lose its 
 control over city affairs? 
 
 13. May the state change a city's charter without the city's 
 consent? Explain fully. 
 
 14. How are cities classified? To which class does your 
 city belong? 
 
 15. What advantages are there in holding city elections 
 separate from state and federal elections?
 
 THE CITY 6 1 
 
 16. Compare the business of a city with that of a department 
 store, and show their points of similarity and difference. In the 
 administration of city affairs, are the same qualities needed in 
 officials as in the heads of departments in any great business? 
 
 17. Why is it so difficult to get men of great business and 
 executive ability to become candidates for office? 
 
 18. Who is the chief executive of a city? What legislative 
 powers has he? 
 
 19. Explain the duties of the city manager.
 
 CHAPTER VI 
 GREATER NEW YORK 
 
 General Statement. In general, New York City is the 
 same as other cities of the state. But because of its great 
 size, having within its boundaries the five counties of 
 Kings, Queens, New York, Richmond, and The Bronx (one 
 half of the entire population of the state), it seems well to 
 consider it briefly, pointing out wherein it differs in its 
 organization from other cities. The legislature of 1897 
 granted New York a new charter, uniting several cities and 
 villages which already had charters into one great city. 
 This act canceled all the charters of the villages and 
 cities within the boundaries of the greater city of New 
 York thus created ; it also placed large areas of common 
 farm lands, within the five counties above named, within 
 the city limits. The charter provided for the threefold 
 division of the city government characteristic of all forms 
 of American government: namely, legislative, executive, 
 and judicial. The state legislature has the same authority 
 over the city of New York that it has over other cities, 
 protecting the rights of its citizens in the same manner. 
 
 New York Legislative Department: its Board of Alder- 
 men. The board of aldermen constitutes New York's chief 
 legislative body. In matters of detail it shares its legis- 
 lative authority with the board of education in questions 
 pertaining to the schools, with the board of estimate and 
 apportionment in matters pertaining to franchises for the 
 
 62
 
 Medical Inspection (above) and a Pure-milk Depot (below) 
 
 These two city departments are giving free service under the direction of 
 
 the city board of health. Impure milk is the means of spreading disease. 
 
 Medical inspection detects and prevents disease 
 
 63
 
 64 ACTUAL GOVERNMENT OF NEW YORK 
 
 use of the streets and other public property, with the board 
 of health in matters relating to the general health regula- 
 tions of the city, and with the park commissioners in matters 
 pertaining to the public parks. The city is divided into 
 sixty-seven districts, and each district elects one member 
 to the board of aldermen. The president of the board of 
 aldermen is elected by the voters of the entire city at the 
 same time and for the same term that the mayor is elected. 
 His salary is $7500 per year. (The president of the board 
 of aldermen is acting mayor of the city during the absence 
 or disability of the mayor.) In each of the five boroughs 
 a president is elected by the voters of the entire borough. 
 The salary in the borough of Queens and Richmond is 
 $5000 per year, and $7500 in each of the remaining three 
 boroughs. These borough presidents, the sixty-seven alder- 
 men, and the president of the board constitute the board 
 of aldermen. The term of an alderman is two years, and 
 the salary is $2000 per year. The board appoints a clerk, 
 who is also city clerk, for a term of six years at a salary of 
 $7000 per year. A majority of the board of aldermen 
 constitutes a quorum to do business. The board holds at 
 least one meeting per month. Its place of meeting is in 
 the borough of Manhattan. 
 
 All questions involving the expenditure of large sums of pub- 
 lic money or making specific public improvements require 
 a unanimous vote of the board, while a majority is sufficient to 
 settle other matters. Upon any question named in the city 
 charter the board may pass ordinances. Some of these ques- 
 tions are the establishment and regulation of public markets, 
 parks, streets, boulevards, bridges, docks, waterworks, school- 
 houses, and other public buildings of the city ; the inspection 
 and sealing of weights and measures ; the inspection, weigh- 
 ing, and measuring of coal, wood, hay, etc. ; the numbering
 
 GREATER NEW YORK 65 
 
 of houses and lots ; regulating public cries, advertising 
 noises, steam whistles, etc. ; regulating the use of guns, 
 pistols, fireworks, etc. ; regulating places of public amuse- 
 ment, the construction and use of hydrants, cisterns, 
 sewers, pumps, etc. ; regulating partition walls and fences ; 
 licensing truckmen, hackmen, expressmen, pawnbrokers, 
 and others ; the suppression of vice and immorality and 
 the prohibition of gambling houses. The board may 
 change ward boundaries, and it may, on recommendation 
 of the board of estimate and apportionment, fix generally 
 the salary or compensation of any officer or person paid 
 out of the city treasury, except day laborers, teachers, 
 examiners, and members of the supervising staff of the 
 department of education. It may reduce salaries rec- 
 ommended by the board of estimate and apportionment, 
 subject, however, to the veto power of the mayor. The 
 board may, within the limits fixed by state law, authorize 
 the city to issue its bonds for needed public improve- 
 ments. 
 
 New York's Executive. The chief executive officer of 
 New York, as in other cities, is the mayor. He is chosen 
 by the voters of the entire city for a term of four years, 
 and receives a salary of $15,000. Like the aldermen, he is 
 chosen in the odd-numbered years, in order to separate city 
 affairs from federal and state politics. The mayor may 
 be removed from office by the governor, and he himself may 
 remove any city official holding office by his appointment, 
 unless such removal is otherwise provided for by the state 
 constitution. The mayor has the legislative power to 
 recommend measures to the board of aldermen, and has 
 veto power over its acts. To pass an ordinance over the 
 mayor's veto requires a two-thirds vote of the board of 
 aldermen within fifteen days after receiving notice of the
 
 66 ACTUAL GOVERNMENT OF NEW YORK 
 
 veto, and action must be deferred until after ten days have 
 passed. If the ordinance has to do with the expenditure 
 of public money, the creation of debt, or the laying of an 
 assessment, then a three-fourths vote is necessary to pass 
 the measure over the mayor's veto. In matters of granting 
 a franchise the mayor's veto is absolute. The other execu- 
 tive officers of the city are the heads of the different depart- 
 ments of finance, law, police, water supply, street cleaning, 
 parks, bridges, gas and electricity, charities, docks and 
 ferries, fire, correction, education, tenement house, health, 
 and taxes and assessments. With the exception of the 
 heads of the departments of education and finance, these 
 officers are appointed by the mayor. 
 
 Executive Departments. The department of finance is 
 headed by the comptroller, who is elected by the voters 
 of the entire city at the general city election. He is chosen 
 for a term of four years, and receives a salary of $15,000 
 per year. The comptroller's duties are similar to those of 
 the chamberlain in other cities. He has charge of the 
 financial affairs of the city — collects the taxes, rents, 
 interests, and other moneys due the city, audits city 
 accounts, collects arrearages, receives and pays out all 
 moneys due the city. For the administration of these 
 duties his department is divided into bureaus. The comp- 
 troller also causes investigations to be made of the expen- 
 ditures of city funds in the different departments, and causes 
 statistics to be prepared through a bureau charged with 
 these duties. The mayor appoints the city chamberlain 
 at a salary of $12,000 per year, and this official also acts 
 as treasurer of New York County. 
 
 The board of estimate and apportionment is made up of 
 the mayor, comptroller, president of the board of aldermen, 
 and the five borough presidents. It has the responsibility
 
 GREATER NEW YORK 67 
 
 of making up the city budget, 1 or statement based upon 
 estimates for the expenses of the city for one year. Before 
 the budget can become law, it must be passed by the board 
 of aldermen the same as any other ordinance, and is sub- 
 ject to the same action on the part of the mayor. The 
 board of estimate and apportionment has authority by a 
 three-fourths vote to grant franchises to private corpora- 
 tions to use the streets, parks, wharves, or other public 
 property of the city, subject to the mayor's veto. Upon 
 all questions before this board the mayor, the president of 
 the board of aldermen, and the comptroller each have 
 three votes, the presidents of the boroughs of Brooklyn 
 and Manhattan two votes each, and the remaining borough 
 presidents one vote each. Thus it will be seen that out 
 of the sixteen votes of the board the mayor, the president 
 of the board of aldermen, and the comptroller cast nine, 
 and therefore control the board. 
 
 The corporation counsel is the head of the law department. 
 He is appointed by the mayor at a salary of $15,000 per 
 year. He is the legal adviser of all city officials, and has 
 charge of all questions of law involving the city's business 
 in all of its various departments. 
 
 New York has a large number of policemen, whose chief 
 duty is to prevent as well as to aid in the punishment 
 of crime. The police commissioner is the head of this de- 
 partment, and he also is chief of police. He is appointed 
 by the mayor for five years at a salary of $7500, and 
 may be removed from office only by the mayor or the 
 governor of the state. He is charged with the responsi- 
 bility of maintaining the peace and security of the city. 
 He appoints five deputies, a chief inspector, sixteen assist- 
 ant inspectors, and thousands of policemen. 
 
 1 The budget for 1914 amounted to nearly $193,000,000.
 
 68 ACTUAL GOVERNMENT OF NEW YORK 
 
 The general administration of affairs in each of the five 
 boroughs is looked after by the borough president, who 
 is elected by the voters of the entire borough for a term of 
 four years. His salary in the boroughs of Brooklyn and Man- 
 hattan is $7500 per year, and in the other three boroughs it 
 is $5000 per year. He has charge, within his borough, of 
 the construction and laying out of new streets and new sur- 
 face railroads, of the fencing and filling in of vacant lots, 
 the removal of encumbrances, the construction of bridges, 
 sewers, tunnels, and public buildings, except school build- 
 ings, almshouses, fire and police stations, and penitentiaries. 
 
 The mayor appoints seven members of the board of 
 education. This board has full authority in matters of 
 education. It appoints a superintendent of schools, eight 
 associates, twenty-six district superintendents, and has 
 charge of all school property, with full powers and duties 
 as in other cities. 
 
 County Government within the City. When a city 
 includes a town, 1 town government ceases. This is not 
 the case when a city includes one or more counties. In 
 such cases there is a separate county government inde- 
 pendent of the city government. Since town governments 
 within a city cease, there can be no board of supervisors, 
 and therefore no county legislature. The work of the 
 board of supervisors is consequently performed by the 
 city government. But each city county elects its own 
 sheriff, clerk, district attorney, judge, and other county 
 officers. These officers are chosen as in other counties, 
 with the same duties (see Chapter VII). 
 
 New York's Judicial System. Corresponding to the 
 justice court in a town we have two courts in Greater 
 New York — the municipal court of the city of New 
 
 1 The city of Rome and the town of Rome have the same boundaries.
 
 GREATER NEW YORK 69 
 
 York and the city magistrates court. The municipal court 
 tries civil cases at law involving property where the amounts 
 do not exceed $500. To facilitate the work of this court 
 the city is divided into twenty-four districts, as follows : 
 Brooklyn, seven ; Manhattan, nine ; Bronx, two ; Rich- 
 mond, two ; and Queens, four. In each district in one 
 or more parts this court holds sessions. Each court thus 
 held is presided over by a justice elected for a term of 
 ten years by the voters of his district at a salary of $8000 
 per year, except in Queens and Richmond, in which it is 
 $7000. 
 
 The city magistrates court tries petty criminal cases. 
 To facilitate the work of this court the city is divided 
 into thirteen districts. The mayor appoints a chief mag- 
 istrate, whose salary is $10,000 per year, and nineteen 
 assistant magistrates for a term of ten years at a salary 
 of $7000 per year. The magistrates meet and pass reg- 
 ulations ; the chief magistrate determines the number 
 of courts to be held, the hours for holding the courts, 
 etc., for the division. Single magistrates may hold court. 
 Special night courts, and courts for the trial of cases 
 arising under the laws governing the relation of husband 
 and wife, parent and child, etc., are also held. These 
 courts are parts of the state system of courts, and try 
 offenders against the laws of the state as well as violators 
 of city ordinances. 
 
 Corresponding to what is called the police court in 
 other cities of the state is the court of special sessions, con- 
 sisting of a chief justice, whose salary is $10,000 per 
 year, and ten associate justices appointed by the mayor 
 for a term of ten years at a salary of $9000 per year. 
 This court tries cases of misdemeanors committed in 
 the city when the matter has not been considered by
 
 70 ACTUAL GOVERNMENT OF NEW YORK 
 
 the grand jury. The chief justice designates the divisions 
 of the court. Three justices sitting together constitute 
 one of these divisions, and two of them must concur in 
 a decision. In each county one justice holds a children's 
 court. 
 
 The city and the general sessions courts take the place 
 of the regular county court in New York County. There 
 are ten judges of the city court, elected for a term of ten 
 years, and seven in the court of general sessions, elected for 
 a term of fourteen years by the voters of the county. The 
 salary of the former judges is $12,000 per year, and of the 
 latter $17,500. The city court has jurisdiction over civil 
 suits where the amount in question does not exceed $2000. 
 Either party to a suit may appeal to the appellate division 
 of the state supreme court. The court of general sessions 
 has jurisdiction in all cases of crime committed within 
 the county of New York against the laws of the state, 
 including the crime of murder. Cases are brought before 
 this court upon indictment presented by the grand jury. 
 Both courts are courts of record. In Kings, Richmond, 
 and Queens counties there is a regular county court and 
 a surrogate's court, with powers and duties similar to those 
 of such courts in the other counties of the state (see Chap- 
 ter XII, p. 130). These judges are elected by the voters 
 of their respective counties. There are two county judges 
 in Kings County, and two surrogates in New York County. 
 The first and second judicial departments of the state 
 are included within the boundaries of Greater New York. 
 The first department and the first judicial district of 
 the supreme court of the state are included within the 
 boundaries of New York County ; the second department 
 and the second judicial district are included in the coun- 
 ties of Kings, Queens, and Richmond. This court and
 
 GREATER NEW YORK 71 
 
 its appellate division has the same jurisdiction over the city 
 as does the supreme court over cases arising in other parts 
 of the state (see Chapter XII, p. 131). New York's system 
 of courts includes also two inferior courts, with jurisdiction 
 extending over the entire city, authorized to try cases without 
 the aid of a jury. These are made up of the municipal 
 court and the court of special sessions. They are not courts 
 of record. Is the right of trial by jury violated by these 
 courts ? (Art. I, § 2, p. i.) 
 
 QUESTIONS ON THE TEXT 
 
 1. What became of the municipal corporations which for- 
 merly existed in the territory now known as the Greater City 
 of New York? 
 
 2. What officers are elected by the voters of the entire city of 
 New York at the same time that the mayor is chosen ? Mention 
 the chief duties of each. 
 
 3. Why is it well to choose city officials at times other than 
 the dates of federal and state elections ? 
 
 4. What advantage is there in having the elective city officials 
 chosen for double the length of term of aldermen ? 
 
 5. In case of neglect of duty, by whom may the mayor be 
 removed ? 
 
 6. In what manner does the state legislature exercise control 
 over the affairs of the city of New York ? 
 
 7. Over what actions of the board of aldermen does the mayor 
 have absolute veto ? Over what actions does the mayor exercise 
 the absolute veto except when the board repasses the measure 
 with a two-thirds vote ? a three-fourths vote ? 
 
 8. What three officers actually control the board of estimate 
 and apportionment ? How are these officers chosen ? What is 
 their length of term and the annual salary ?
 
 72 ACTUAL GOVERNMENT OF NEW YORK 
 
 9. What are the duties of the borough presidents? How are 
 they chosen ? Of what important boards are they members ? 
 
 10. Mention the principal executive departments. How are 
 the heads of these administrative departments chosen ? How 
 may they be removed ? 
 
 11. How may a private corporation obtain permission to use the 
 streets for the laying of gas mains or for other public utilities ? Is 
 this method the same in New York as in other cities of the state ? 
 
 12. How is the city budget made up ? Distinguish between the 
 budget and the total tax to be raised by property assessment. 
 
 13. What is the lowest court in New York City that tries civil 
 suits at law and petty criminal cases ? 
 
 14. What court would have jurisdiction in a murder trial in 
 New York City ? What court would have jurisdiction in a civil 
 suit where the sum involved did not exceed $2000 ? 
 
 15. What courts in other parts of the state would have jurisdic- 
 tion of the cases mentioned in question No. 1 4 ? (See Chapter XII.) 
 
 16. Cases from the courts mentioned in question No. 14 might 
 be appealed to what courts ? 
 
 17. How are the judges of the various city courts chosen? 
 
 18. Who is responsible for the protection of the city of New 
 York ? In what way are the duties of policemen twofold ? 
 
 19. Why does New York City have separate children's courts ? 
 separate night courts ? 
 
 20. How does county government in city counties differ from 
 that in other counties ? 
 
 21. Give five subjects in which the board of aldermen may 
 pass ordinances. 
 
 22. What is the meaning of the term "home rule for cities"? 
 
 23. Should the size of a city exempt it from state supervision ?
 
 GREATER NEW YORK 
 
 73 
 
 SUMMARY RELATING TO THE OFFICERS OF GREATER 
 NEW YORK 
 
 Officers 
 
 How Chosen 
 
 Term of Office 
 
 Salary 
 
 
 Elected by people . . 
 
 
 $15,000 
 
 
 Elected by people . . 
 
 
 15,000 
 
 Borough presidents .... 
 
 El. by people of bor. 
 
 
 5,000 to 7,500 
 
 Secretary to the mayor . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 6,500 
 
 Executive secretary to 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 4,800 
 
 Commissioner of police . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 12,000 
 
 Corporation counsel . . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 15,000 
 
 Com. docks and ferries . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. public markets . . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. public charities . . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. tenement house 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Fire commissioner 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. water supply, gas, 
 
 
 
 
 and electricity 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. weights and meas- 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Com. plant and structures 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Com. parks, Manhattan 
 
 
 
 
 and Richmond 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Com. parks, Brooklyn . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Com. parks, Bronx .... 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Com. parks, Queens . . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Supervisor city record . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Pres. municipal civil serv- 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 6,000 
 
 Civil service commission- 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Corn, correction 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Pres. board of taxes and 
 
 
 
 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 8,000 
 
 Corns, taxes and assess- 
 
 
 
 
 ments (6) 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,000 
 
 Member b'd of assessors 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 5,000 
 
 Board of education (7) . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 Unpaid 
 
 Chief medical examiner . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Health commissioner . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Street-cleaning com. . . . 
 
 Appointed by mayor 
 
 Pleasure of mayor 
 
 7,500 
 
 Two members board of 
 
 
 
 
 assessors 
 
 Appointed by mayor 
 Elected by people . . 
 
 Pleasure of mayor 
 14 years 
 
 5,000 
 17,500 
 
 Judges court gen. ses. . . 
 
 
 Elected by people . . 
 
 10 years 
 
 12,000 
 
 Judges municipal court 
 
 Elected by people . . 
 
 10 years 
 
 8,000 
 
 Judges court sp. ses. . . . 
 
 Appointed by mayor 
 
 
 9,000 
 
 
 Appointed by mayor 
 
 
 7,000 
 
 
 Elected by people . . 
 
 
 2,000 
 
 
 Appointed by board 
 
 
 
 
 of aldermen .... 
 
 
 8,000
 
 74 ACTUAL GOVERNMENT OF NEW YORK 
 
 TOPICS FOR DISCUSSION 
 
 Resolved : That it is for the best interests of the public that 
 public utilities — including sewer, drainage, and water systems, 
 street railways, and electric-light and gas plants — be owned and 
 operated by the public served ; or Resolved: That the above and 
 like public utilities will be better managed, and the public better 
 served, under private ownership or control. 
 
 Resolved : That the business affairs of all cities and incorpo- 
 rated villages be administered by five independent commissioners 
 (safety-police and fire, justice, finance, health, and public works) 
 directly responsible to the people. 
 
 Resolved : That in all cities and incorporated villages there shall 
 be established juvenile courts, in which children under sixteen 
 years of age shall have a hearing, said courts not to be courts 
 of record (see p. 134).
 
 CHAPTER VII 
 THE COUNTY 
 
 General Statement. The state is divided into sixty- 
 two x governmental units, called counties, for the adminis- 
 tration of state law pertaining to the people residing within 
 each county respectively. County government, unlike 
 city government, is the same in all counties not identical 
 in boundaries with the boundaries of a city. In the admin- 
 istration of law the county government bears an important 
 part, a service that is quite distinct from that performed by 
 any other department of our state or local government. 
 Many cases of law are carried from justice (town) and city 
 courts to the county court. The recording of deeds and 
 mortgages and the probating of wills are services performed 
 by county officials. Moreover, the principal roads and 
 bridges outside of large cities are under county control, and 
 the county is also responsible for the preservation of order. 
 The county idea, like that of the town, was brought to this 
 country by our forefathers. It first appeared in Virginia 
 and was widely adopted in the Southern colonies. 
 
 City Counties. City counties are those whose bound- 
 aries are identical with the boundaries of cities as set forth 
 in city charters. The Greater City of New York contains 
 five counties — New York, Kings, Queens, The Bronx, 
 and Richmond. In such cases, city and county govern- 
 ments coincide in part. For example, there is no county 
 
 1 See p. 499, New York Red Book, 1918 edition. The Bronx was the 
 sixty-second county. 
 
 75
 
 76 ACTUAL GOVERNMENT OF NEW YORK 
 
 legislature, since there are no towns, but the people elect a 
 sheriff, county clerk, and district attorney as in other 
 counties. These officials have to do with the administra- 
 tion of justice, thereby reducing the county thus situated 
 to a judicial division of the state, as in Greater New York. 
 
 County Government. Otherwise than above stated, 
 we find the county government, like the federal and state 
 governments, divided into legislative, executive, and judi- 
 cial branches, which we will now consider separately. 
 
 County Legislature. The county legislature is the 
 board of supervisors. This board is made up of the 
 supervisors, one from each town elected at the biennial 
 town meeting, and one from each ward in those cities 
 whose boundaries are less than those of a county. These 
 supervisors represent their towns or wards in the county 
 board of supervisors, or legislature, just as assemblymen 
 represent their districts in the state legislature. At the 
 annual meeting the board chooses one of its number as 
 chairman and appoints a clerk who is not a member of the 
 board. The board of supervisors is therefore made up of 
 representatives from smaller political units, and the govern- 
 ment of the county is representative. The chairman of the 
 board appoints standing committees to facilitate business, 
 much as the Speaker in the House of Representatives does, 
 or the speaker in the state legislature. 
 
 Board of Supervisors: its Duties. The constitution 
 of the state provides that the legislature may increase the 
 powers of local legislation of the board of supervisors 
 as it deems expedient (Art. Ill, sect. 27). The present 
 powers of the board of supervisors may be briefly sum- 
 marized as follows: (1) caring for county property — 
 courthouses, jails, poorhouse and farm, etc. ; (2) deter- 
 mining the county budget and levying a tax to meet the
 
 THE COUNTY 77 
 
 same, including the county's share of the state tax and any 
 expenditures for town work ; (3) auditing all bills and 
 accounts against the county ; (4) making appropriations 
 of money for various county purposes and as above men- 
 tioned ; (5) fixing salaries of county officers ; (6) borrowing 
 money on the credit of the county not to exceed the limit 
 set by law ; (7) dividing the county into school-supervisory 
 districts and assembly districts ; (8) making contracts for 
 and in the name of the county for the care of the county 
 poor, etc. ; (9) making regulations relative to weeds, fish, 
 game, and animals ; (10) preparing yearly a list of three 
 hundred men to serve as grand jurors for a term of one 
 year; (11) appointing a county superintendent of highways 
 and removing him for failing to do his duty; and (12) 
 canvassing the votes in the county after each general elec- 
 tion and announcing officially the results of the election. 
 In this capacity the board is known as the " county board 
 of canvassers." Members of the board of supervisors serve 
 for a term of two years and receive four dollars per day 
 for actual service as county officers. 
 
 County Executive : Removals. The executive depart- 
 ment of the county is represented by the sheriff, clerk, 
 treasurer, attorney, superintendent of the poor, superin- 
 tendent of highways, and superintendents of schools — ■ one 
 or more appointed by the district board of school directors. 
 County officers, except district superintendents of schools 
 (see p. 80), may be removed by the governor for cause. 
 
 Sheriff. The sheriff is the chief executive officer of the 
 county. It is his duty to preserve the peace of the county 
 by the prevention of crime and by the arrest of criminals. 
 He has charge of the county jail and the prisoners lodged 
 there. He serves court orders. To suppress riot he may 
 call out all the able-bodied men of the county. This body
 
 78 ACTUAL GOVERNMENT OF NEW YORK 
 
 is called the posse comitatus. If he is then unable to 
 restore order, he may ask the governor for aid. He is 
 responsible for the enforcement of state law within the 
 county and of local regulations passed by the board of super- 
 visors. He assists the county clerk in the selection of 
 jurors, attends the courts of record held in the county, 
 preserves order, conducts public sales of property ordered 
 by the courts to be sold for the payment of debts in execu- 
 tion of judgments. For the carrying out of these duties 
 he may appoint an undersheriff and a number of deputy 
 sheriffs. The sheriff is elected at the general election for 
 a term of three years by direct vote of the whole county. 
 Because of his great power the state constitution forbids 
 his succeeding himself in office. In some counties he is 
 paid a salary, in others he is paid partly by fees, and in 
 still others wholly by fees. The tendency, however, is to 
 pay a salary, and the fees collected are turned over to the 
 county treasurer. The executive head of the county gov- 
 ernment differs from the federal and the state executive 
 in that he has no veto power over the county legislature, 
 as the other two have over the federal and state legis- 
 latures. 
 
 County Clerk. The county clerk is the custodian of 
 the county records. He records deeds, mortgages, wills, 
 and other documents affecting the title to real estate, 
 and files judgments of the courts and other papers subject 
 to public reference. In some counties, however, there is 
 a separate officer, called a " registrar," for recording deeds 
 and mortgages. The county clerk is clerk of the county 
 court and of the supreme court when it holds a term in his 
 county ; he draws from the proper lists the grand and petit 
 (trial) jurors, when this duty is not performed by a special 
 officer called " commissioner of jurors." He is elected for
 
 THE COUNTY 79 
 
 a term of three years and is paid by fees in some counties 
 and in others by a salary. If paid a salary, the fees are 
 turned over to the county treasurer. The tendency is 
 toward a definite salary. 
 
 County Treasurer. The county treasurer receives all 
 moneys collected in the towns and wards of the county 
 for state and county, and pays out the county's money as 
 directed by the board of supervisors. He also receives the 
 state school money belonging to the county and pays over 
 the amount belonging to each town to the supervisor, 
 and to the chamberlain of the city or to the treasurer of 
 the board of education the amount belonging to each city. 
 Money paid into court is received by him and paid out as 
 the court orders. He issues liquor licenses upon the pay- 
 ment of fees fixed by state law, and collects the inherit- 
 ance tax. He is elected for a term of three years, and is 
 sometimes paid a certain percentage of the moneys which 
 he receives ; generally, however, he receives a salary. 
 
 District Attorney. The district attorney is primarily a 
 state officer in that he is the state's attorney in criminal 
 cases. He brings criminal offenses to the attention of the 
 grand jury and prosecutes those accused of crime in the 
 county or supreme court. He acts as the legal adviser of 
 the board of supervisors, in which capacity he is a county 
 officer. He is elected for three years and is paid a salary 
 fixed by the board of supervisors. 
 
 Superintendent of the Poor. It is the duty of the 
 superintendent of the poor to look after the poor of the 
 county. He manages the poorhouse and farm and aids 
 the destitute. He expends the funds voted by the board 
 of supervisors for the care of the poor, and reports concern- 
 ing such expenditures to said board. He makes an annual 
 report to the state board of charities and furnishes the
 
 80 ACTUAL GOVERNMENT OF NEW YORK 
 
 board of supervisors with a statement of the charges against 
 the different towns for the maintenance of their poor while 
 county charges. He may be appointed by the board of 
 supervisors, but is usually .elected at the general election 
 for a term of three years at a salary fixed by the board. 
 
 Superintendent of Highways. The superintendent of 
 highways is appointed by the board of supervisors for 
 a term of four years. His salary is fixed by the board of 
 supervisors. For neglect of duty the board of super- 
 visors may remove him from office, or he may be 
 removed by the state commissioners of highways. The 
 county superintendent of highways has general charge of 
 the building and repairing of highways and bridges, ap- 
 proves plans for a new work, approves gravel deposits 
 and stone used in road construction, inspects roads and 
 bridges, causes grades to be established for drainage, 
 reports to the state commission annually, etc. 
 
 District Superintendent of Schools. In each town 
 two school directors are chosen, whose duty it is to elect 
 a district superintendent of schools for a term of five years. 
 He is paid a salary of $1500 by the state and allowed $300 
 for expenses. The supervisors of the towns forming a 
 district may vote to increase this salary, in which case the 
 sum voted is added to the taxes of the towns composing 
 the district. The district superintendent is essentially a 
 state officer, and may be removed by the commissioner of 
 education for failure to do his duty (see p. 24). 
 
 Judicial Branch. The judicial business of the county 
 (except New York * County) is intrusted to the county 
 judge. In counties having a population of over 40,000 
 a surrogate is also chosen. Both officers are elected 
 for a term of six years by the voters of the county. 
 1 See chapter on Greater New York.
 
 THE COUNTY 81 
 
 They are paid a salary which varies in different counties. 
 All ordinary offenses against persons and property (save 
 murder) may be tried in a county court. For their further 
 duties, see the chapter on the state judiciary. Vacancies 
 in either court may be filled by the governor's making an 
 appointment, which appointment must be approved by 
 the senate if in session. 
 
 Coroners. Each county, as a rule, elects four coroners, 
 that is, officers whose duty it is to investigate the causes 
 of sudden and suspicious deaths. If requested, a coroner 
 must investigate the cause of any fire which seems to 
 be of an incendiary origin. To make his work effective, 
 the coroner may summon to appear before him as a witness 
 any person whom he thinks may have knowledge of the 
 matter. The witness in a coroner's court is put under oath 
 and examined as in any court. A coroner's investigation is 
 sometimes referred to as an inquest. Usually the coroner 
 is a physician. Should you think this an advantage? 
 
 County Government in Action. How may this machin- 
 ery be set in motion? Suppose we take a case at law. 
 A person burns a barn (commits arson). He has violated 
 a state law. The man whose barn is burned swears out 
 a warrant before a justice of the peace. The warrant 
 is an order issued by the justice directing the sheriff or 
 a constable to arrest the man named in the warrant as 
 committing the offense, and to bring him before his 
 court. If the evidence submitted to the justice is not 
 sufficient, he will dismiss the case ; if it is, he will hold 
 the prisoner until the next meeting of the grand jury. He 
 may either send the prisoner to jail or fix bail. Bail is a 
 sum of money to be paid by those who sign the bail papers 
 in case the prisoner fails to appear when wanted in court. 
 In the meantime the district attorney carefully looks into
 
 82 ACTUAL GOVERNMENT OF NEW YORK 
 
 
 
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 THE COUNTY 83 
 
 the case, inquires of all persons whom he thinks may know 
 something about the matter. These he summons before 
 the grand jury as witnesses. If the jury thinks the evi- 
 dence thus submitted is sufficient, it will order the case to 
 trial; that is, it will find an "indictment." The case is then 
 tried by the county judge, the district attorney represent- 
 ing the interests of the people, the accused having an 
 attorney to see that he has a fair and impartial trial. A 
 different jury, called a petit, or trial, jury, of twelve men 
 hears the case, that is, hears what is said by witnesses on 
 both sides. The judge tells the jury what are the points of 
 law bearing upon the case, and the jury decides whether the 
 prisoner is guilty according to the evidence. If they think 
 he is not guilty, they so report to the court, and the prisoner 
 is dismissed. If they think he is guilty, the court then 
 pronounces sentence, that is, tells the prisoner how long 
 a term he must spend in prison, in the case of a crime like 
 arson, or what fine he has to pay, if the case is a civil 
 (property) one. 
 
 No matter whether we have a deed to record, a will to 
 prove, or a judgment of the court to execute, there is a 
 prescribed way that each and all must be done. This is a 
 country of law, and since our laws have been made by our- 
 selves through our representatives for our own good, all 
 should respect and obey them. For further discussion of 
 law, see Chapter XII, Judicial Department, and Chapter 
 XXIV, Federal Courts. 
 
 The County: its Importance. The importance of the 
 county as a unit of local government is sometimes under- 
 rated. It is the county surrogate who settles the details of 
 estates, including the probate of wills ; the county clerk 
 records deeds, liens, and mortgages upon real estate ; the 
 county judge tries important civil and criminal cases where
 
 84 ACTUAL GOVERNMENT OF NEW YORK 
 
 the laws of the state have been violated within the county ; 
 the sheriff arrests violators of the state law and has charge 
 of prisoners, suppresses riot, and keeps order within the 
 county ; the district attorney prosecutes violators of the 
 law; the poor master has charge of the county's poor; 
 counties may establish tuberculosis hospitals for the 
 care of the sick and county farm-schools for the care of 
 children whose conduct and surroundings are such as to 
 make it best for society to place them in such an institution ; 
 the county superintendent of highways cares for the roads, 
 and the county property is under the care of the board of 
 supervisors. County officers in many instances perform 
 the double function of both county and state officers, and 
 may be removed by the governor for failure to perform their 
 duty. 
 
 QUESTIONS ON THE TEXT 
 
 1. What officer is charged with preserving the peace and 
 order of the county? 
 
 2. Show how the government of a city county differs from 
 that of an ordinary county. What are city counties? 
 
 3. Into how many counties is the state divided? What is 
 the purpose of this division ? 
 
 4. Is the political division known as county original in this 
 country? Explain. 
 
 5. In what respects is county government similar to federal and 
 state government? Define "indictment," "bail," "warrant." 
 
 6. Mention the officers who constitute each branch of the 
 county government, giving two duties of each official. 
 
 7. How is the county tax rate determined? 
 
 8. In what respects does the county executive differ from 
 the state executive? In what respects is it similar?
 
 THE COUNTY 85 
 
 9. Who has the power to remove county officials who fail 
 to perform their duties? What are the duties of the coroner? 
 of the surrogate? 
 
 10. What are the duties of the district superintendent of 
 schools? How is he chosen? Who has the power to remove 
 him from office? 
 
 11. How is the county superintendent of highways ap- 
 pointed? Who has the power of removing him from office 
 and filling vacancies? To what officer should you report a 
 mysterious death? 
 
 12. Name the duties of the county board of canvassers. 
 
 13. What steps would be necessary and what officer would 
 perform the recording of a deed or mortgage? 
 
 14. State the difference between the duties of grand and 
 petit jurors. Give the number in each. Why is the "grand" 
 jury so called? 
 
 15. What county officer is denied by the state constitution 
 the privilege of succeeding himself ? 
 
 16. When is the district attorney a state officer ? When is 
 he a county officer? 
 
 17. What is meant by the judge's charge to the jury ? by 
 verdict?
 
 PART II. GOVERNMENT OF THE STATE 
 CHAPTER VIII 
 
 THE CONSTITUTION IN DEVELOPMENT 
 
 Our Birthright. The boys and girls of the Empire 
 State may justly be proud of their birthright. In all the 
 country's history New York State has borne an important 
 part. In the War for Independence it fell to the lot of this 
 state to have the pivotal battle fought upon its soil. Creasy 
 says that the battle of Saratoga was one of the fifteen 
 battles that have changed the destiny of the world. In 
 this war New York State furnished 43,645 l men, standing 
 second only to Massachusetts in the number furnished; 
 and during the Civil War it sent, for the defense of the 
 Union, 448,850 men, a far larger number than was furnished 
 by any other state — an immense army in itself. At 
 Gettysburg, the pivotal battle of the Civil War, " more 
 than one fourth of the Union army marched there under 
 the flag of the state of New York ; more than one fourth 
 of those who fell there followed those colors to their 
 graves " 2 — a record which removes from the field of 
 debate the claims that in the hearts of the people of the 
 state patriotism, love of country, and an unselfish desire to 
 serve it even unto death are the duty of the citizen and the 
 mainspring of all good government. Not only historically, 
 
 1 Roberts, J. A., New York in the Revolution, pp. 7-15. 
 
 2 New York at Gettysburg, Vol. I, p. 7. Albany, 1902.
 
 Maps op New York State, showing (above) the Fifty-one State 
 Senatorial Districts and (below) the Number op Assembly- 
 men (150) to which Each County is entitled 
 87
 
 88 ACTUAL GOVERNMENT OF NEW YORK 
 
 however, is New York State great. Its vast wealth, great 
 natural resources, diversified industries, and dense popula- 
 tion (9,773,817 in 1915) make it unquestionably the most 
 important state in the Union. In point of population it 
 outranks The Netherlands, European Turkey, Portugal, 
 Sweden, Belgium, Switzerland, Denmark, Canada, and a 
 majority of the South American republics. In 1913 it 
 expended upon public education the enormous sum of 
 $63,185,124.10. New York City is the financial, com- 
 mercial, literary, and art center, and is the largest city, 
 not only of the western hemisphere, but of the world as 
 well. 
 
 Before the White Man Came. When, in 1524, Ver- 
 razano explored what is now known as New York Bay, he 
 found the islands of the bay and the shores of the mainland 
 occupied by the Algonquin Indians. In 1609, when Henry 
 Hudson sailed up the river which now bears his name, he 
 found its shores also possessed by the Algonquins. The 
 rest of the territory now known as New York State was 
 possessed by the tribes of the Iroquois League, or Five 
 Nations. These powerful Indian tribes, banded together 
 in two organizations, figure largely in the history of the 
 state. Of the two, the Iroquois are of more importance 
 than the Algonquins. The Iroquois, or Five Nations, in- 
 cluded the Mohawks, Oneidas, Onondagas, Cayugas, and 
 Senecas, and were located about the waters which now 
 bear their names. From this region, fertile in soil, abound- 
 ing in game, with facilities for rapid transportation by 
 means of natural waterways, they were enabled, with only 
 comparatively short carries, to send their war parties down 
 the Ohio to the Mississippi, down the Susquehanna and 
 Delaware rivers to the bays, into the Great Lakes, through 
 the Mohawk River into the Hudson to lakes George and
 
 THE CONSTITUTION IN DEVELOPMENT 89 
 
 Champlain, — in short, this powerful league, some 17,000 
 strong, was able to sweep the country with its war parties 
 north and south, east of the Mississippi. Thus New York 
 State was the empire part of the New World long before 
 white men visited its shores. 
 
 New York a Dutch Colony. Henry Hudson, an Eng- 
 lish navigator, had been employed by the Dutch East 
 India Company to find a short route to the rich trading 
 fields of Asia. In the spring of 1609, Hudson, with a small 
 crew, in the ship called the Half Moon, sailed north of 
 Norway and Sweden, but was soon stopped by the ice. 
 Turning westward, he finally reached the coast of Maine 
 and continued south as far as Chesapeake Bay ; then, 
 returning northward, he entered New York Bay and sailed 
 up the Hudson River, hoping that he had found the desired 
 passage to Asia. Finding himself unable to proceed more 
 than a short distance above the present site of Albany, 
 however, he returned, disappointed in his main quest, and 
 sailed for home to report to his employers. Encouraged by 
 Hudson's report, a company of Dutch merchants planned 
 several trading expeditions. In 1614 the New Netherlands 
 Company was formed l and was granted a charter which 
 gave it commercial control of that region of country lying' 
 " between New France and Virginia." The New Nether- 
 lands Company grew into the Dutch West India Company. 
 
 Dutch West India Company. This company, besides 
 exclusive trading rights, was given power to plant and 
 govern colonies. Through their agent, known as director- 
 general, the company exercised almost absolute control 
 over the affairs of the settlers. When Peter Minuit came 
 over as governor in 1626, a council of five was created 
 to advise with and assist him. Governor Kieft, however, 
 
 1 Wilson, A History of the American People, Vol. I, p. 73.
 
 9 o ACTUAL GOVERNMENT OF NEW YORK 
 
 with the knowledge that he alone was held responsible for 
 the government of the province, reduced the number of 
 the council to two, one other person and himself ; and as 
 he had two votes to the other member's one, he was prac- 
 tically an autocrat. The other officers of importance 
 were the koopman, or commissary and secretary, and the 
 schout, or sheriff and customs collector. The government 
 was scarcely established, however, before the people began 
 to demand a share in its operations. Kieft was forced to 
 make some concessions, and promised greater privileges, 
 but this promise was not fulfilled until the arrival of Stuy- 
 vesant. In 1647 Stuyvesant yielded to the demand for 
 popular representation in so far as to order an election by 
 the people of eighteen of their own number, from whom 
 he was to choose nine as advisers. Since, however, this 
 body met only when called upon, it was but a very slight 
 beginning toward constitutional government. The gov- 
 ernment of the colony under all of its six directors-general, 
 or governors, was rude and harsh, in spite of the fact that 
 the settlers, coming largely from Holland, itself a republic, 
 had liberal notions of political and religious liberty. These 
 notions found expression in concessions wrung from the 
 governors, in the establishment of churches, and in the 
 maintenance of schools. As early as 1633 New Amsterdam 
 had a school-teacher, 1 and in 1638 a school tax was levied. 
 New York an English Colony. England based her 
 claim to New Netherlands mainly upon the explorations of 
 the Cabots. In 1664 Charles II of England conveyed to 
 his brother James, the Duke of York, a tract of land which 
 included New Netherlands. The same year an English 
 fleet entered New York Bay, and Dutch rule in the colony 
 
 1 Adam Roelandson, the first school-teacher, came to New Netherlands 
 in 1633. See Dexter, History of Education in United States, p. 12.
 
 THE CONSTITUTION IN DEVELOPMENT 91 
 
 was practically at an end. From 1664 to 1776 New Nether- 
 lands, now named New York in honor of James, Duke of 
 York, remained an English province, except for the brief 
 period of about fifteen months (1 673-1 674), when it was 
 again under Dutch rule, but was conveyed back to Eng- 
 land by treaty at the close of the war with Holland. 
 Though the temporary change of masters in 1664, which 
 was made permanent by treaty in 1674, made the govern- 
 ment of the province no less autocratic in form, it brought 
 about a very real change in practice. " The despotism of 
 Kieft and Stuyvesant was continued, only now, instead 
 of the iron clutch, it was the stroke of velvet." When the 
 government was formally organized, in 1674, Edmund 
 Andros came out as governor and was assisted by a council 
 of ten. The latter body was not chosen by the colonists, 
 but the appeal for popular representation was too strong 
 to be resisted, and in 1683 Governor Dongan, who had 
 just succeeded Andros, called together the first popular 
 assembly in the colony under English rule. 
 
 The Charter of Liberties. This body, made up of the 
 governor, his council of ten, and eighteen delegates rep- 
 resenting the people, met in October, 1683, and adopted, 
 among other important legislative measures, a " charter of 
 liberties," which was confirmed by the Duke of York. 
 This charter made many important concessions, providing, 
 among other things, for the meeting of a popular assembly, 
 and granting to the representatives of the people the right 
 to lay their own taxes. This liberality soon suffered a 
 check, however, and in "1687, * after the accession of the 
 Duke of York to the throne as James II, the assembly 
 was dissolved, not to be reestablished until after the ac- 
 cession of William and Mary. In 1691 Governor Slough ter 
 1 Roberts, E. H., Vol. I, p. 193.
 
 92 ACTUAL GOVERNMENT OF NEW YORK 
 
 was sent out to take charge of the government of the 
 colony. The assembly was reestablished and promptly 
 passed acts declaring the rights and privileges of the people 
 and reaffirming the charter of liberties. These acts marked 
 the beginning of a struggle between the assembly and the 
 colonial governors that ended only with the outbreak of 
 the Revolution. On the opening of hostilities New York 
 promptly joined the patriot cause, and on July 9, 1776, the 
 provincial congress formally took the name of Representa- 
 tives of the State of New York. 
 
 Our Four Constitutions. New York State has had four 
 constitutions. It had existed as a state for nearly a 
 year (from July, 1776, to April, 1777) before its first con- 
 stitution was adopted by the state assembly. This first 
 constitution (the first draft of which is now in the custody 
 of the commissioner of education at Albany), like most 
 of the early state constitutions, was modeled somewhat 
 closely upon that of England. The government consisted 
 of a chief executive, of a legislature made up of two cham- 
 bers, and of a system of courts. The constitution declared 
 the people to be the only source of political power, and 
 provided for a secret ballot and for complete religious 
 liberty. In 18 21 this constitution was thoroughly revised 
 and new provisions were made for new conditions. In 
 1846 it was again revised and somewhat radical changes 
 were made. Among other things it was provided that 
 many officers heretofore chosen by the legislature or 
 appointed by the governor should be elected by the people. 
 In 1866 a convention was called to revise the constitution 
 of 1846, but the people rejected the work of the conven- 
 tion, with the exception of the judiciary article. 1 The 
 constitution of 1846 remained thus almost unchanged 
 
 1 Roberts, E. H., Vol. II, p. 569.
 
 THE CONSTITUTION IN DEVELOPMENT 93 
 
 until 1894, when a new revision, our present constitution, 
 was made (see Appendix). In all these constitutions the 
 main provisions have been substantially the same. The 
 tendency, however, has been for the people to retain more 
 power, delegating less and less to the governor and the 
 legislature. 
 
 Fundamental Law. The constitution of the state is 
 its fundamental law, which of course cannot in any way 
 conflict with the constitution, treaties, or laws of the 
 United States (p. 1). Like the federal constitution, the 
 state constitution guarantees personal liberty, personal 
 security, personal property. It also determines the right 
 of suffrage and the time and manner of voting ; it creates 
 legislative bodies and defines their duties and limitations ; 
 it creates executive and judicial offices, defines their duties, 
 and limits their action ; it safeguards state and local credit, 
 cares for public property and institutions, provides for 
 free schools, divides the state into various districts for 
 administrative purposes, and provides for its own amend- 
 ment. The constitution is established by the people of 
 the state as a chart to guide them in the administration 
 of matters pertaining to the general welfare of the people 
 of the state. It is drafted by representatives chosen by 
 the people at the ballot. These representatives meet in 
 convention and draw up the constitution. The various 
 provisions are debated, amended, and passed in the con- 
 vention, and finally printed and submitted to the people, 
 who approve or disapprove at the ballot of the work of 
 their representatives (the referendum). 
 
 Amendment and Revision. An amendment to the 
 constitution may be proposed in the senate and assembly, 
 and, if passed by two successive legislatures, must be sub- 
 mitted to the people for ratification (the referendum). If
 
 94 ACTUAL GOVERNMENT OF NEW YORK 
 
 it receives a majority vote, the amendment becomes a part 
 of the constitution on the first day of January next follow- 
 ing election. At the general election in 1916, and every 
 twenty years thereafter, and at such other times as the 
 legislature may by law direct, the question, " Shall there 
 be a convention to revise the constitution and amend the 
 same? " is to be decided by the voters of the state. 
 
 QUESTIONS ON THE TEXT 
 
 1. Describe the government of the colony of New York in 
 the period just before the Revolution. What important changes 
 were made after separation from the mother country? 
 
 2. State two important particulars in which the constitution 
 adopted in 1894 differs from the constitution that preceded it. 
 
 3. Mention two important amendments to the constitu- 
 tion passed by the constitutional convention of 1894. Discuss 
 the importance of these measures. 
 
 4. How may the constitution of New York be amended? 
 What are the provisions of the constitution for its revision? 
 
 5. Mention the chief points of difference between the con- 
 stitution of the United States and that of the state as to the 
 manner of amendment. 
 
 6. Explain why the amendment of the constitution is made 
 more difficult than the repeal of a statute law. 
 
 7. Describe the process by which the last revision of the con- 
 stitution was made. By what authority was this revision 
 finally established? 
 
 8. Should an "initiative and referendum" clause be added 
 to the constitution in the next revision? Why? 
 
 9. If such a clause is added, should it apply to all bodies 
 having legislative powers (for example, boards of supervisors, 
 common councils, etc.) , as well as to the state legislature ? Why ? 
 
 10. Mention three provisions of the state constitution. To 
 what law must all state action conform ?
 
 CHAPTER IX 
 
 POWERS AND LIMITATIONS OF THE STATE 
 
 State Activities. The regulation of the details of our 
 daily life is largely a matter for the state government. 
 This state regulation can best be seen in a brief survey 
 of the various fields in which the state exercises basal 
 authority. The state is divided up into over ten thousand 
 school districts, organized under the state law to perform 
 a specific duty (p. 7) ; into nearly one thousand larger 
 divisions, called towns, each charged with larger responsi- 
 bilities (p. 14) ; into still larger divisions, called counties, 
 sixty-two in number, with responsibilities greater than those 
 of the school district or the town (p. 75) ; with special duties 
 assigned to the village and city governments which it 
 has created, etc. In all these units of government the 
 state determines the number, kind, and qualifications of 
 the officers, and decides whether they shall be elected or ap- 
 pointed and the appointing power, who may vote for the 
 elective officers, when and how the vote shall be taken, 
 who may vote upon questions involving the expenditure 
 of village and city funds, reserving to itself the right of 
 removing from office many of these same officers. In 
 addition to being primarily responsible for the above, 
 the state reserves to itself a wider field and enacts laws 
 safeguarding personal and property rights, regulates the 
 transfer of inheritances, creates and controls all corpora- 
 tions operating wholly within the state, exercises control 
 
 95
 
 g6 ACTUAL GOVERNMENT OF NEW YORK 
 
 over state and savings banks, trust and insurance companies, 
 savings and loan associations, and common carriers wholly 
 within the state, supervises the general health and education, 
 provides for defective, dependent, and delinquent classes, 
 and authorizes the levying of taxes to be used in making 
 the above effective. 
 
 Federal and State Bills of Rights Compared. We have 
 glanced briefly at the history of our constitution ; let 
 us now examine somewhat more fully the character of 
 the government provided by it. In the federal constitu- 
 tion the Bill of Rights was an afterthought, added by way 
 of amendment at the demand of several of the states. In 
 the New York state constitution, as in most of the state 
 constitutions, it stands first, as a matter of primary im- 
 portance. The Bill of Rights of the New York state con- 
 stitution, like that of the federal constitution, seeks to 
 secure to the individual the fundamental civil rights of 
 personal liberty, personal security, and private property ; 
 but it goes further and provides in much greater detail 
 the methods by which these rights are to be secured. 
 
 Personal Liberty. The provisions which secure liberty 
 of person and of thought are similar to those of the 
 United States constitution. Every citizen is privileged 
 to express his sentiments freely and, in case he is prose- 
 cuted for libel, will be acquitted if he can prove that the 
 facts are as he stated and were published " with good 
 motives and for justifiable ends." Full liberty of con- 
 science is accorded to every one, although this liberty is 
 not to be made a cloak for practices inconsistent with the 
 peace and welfare of the state. It is expressly provided 
 that no person on the witness stand shall be declared 
 incompetent to testify because of any peculiar ideas he 
 may entertain on religious subjects. The citizens of the
 
 POWERS AND LIMITATIONS OF THE STATE 97 
 
 state may also assemble peaceably, and, if they choose, 
 petition the government without fear of interference from 
 the authorities. 
 
 Personal Security, or the right to be secure in person 
 and in reputation, is the subject of many important pro- 
 visions. In case of arrest for any cause, the accused may 
 claim the privilege of a writ of habeas corpus. Excessive 
 bail and excessive fines are forbidden. With a few excep- 
 tions, a person accused of serious crime can be held for 
 trial only on indictment by a grand jury. He is, more- 
 over, entitled to trial by a jury of his peers (equals), and 
 may have counsel for his defense. In case he "is not able 
 to pay counsel, it must be provided for him. He cannot 
 be compelled to witness against himself, and may confront 
 the witnesses brought against him. Witnesses, however, 
 may not be unreasonably detained. If acquitted, he can- 
 not be retried for the same offense ; if found guilty, he 
 cannot be fined excessively or be punished in a cruel or 
 unusual manner. In short, no arbitrary proceedings may 
 be employed to deprive a person of his life, liberty, or 
 property, or any privilege he may enjoy as a citizen. The 
 marriage relation is partially protected by a restriction 
 on granting divorces. No divorce can be granted without 
 the parties concerned bringing the matter before the court 
 having jurisdiction ; in other words, a divorce can be 
 granted only by a formal judicial proceeding. Finally, in 
 cases of injuries resulting in death, the right to recover 
 damages is never to be abrogated, and the amount recov- 
 erable is not to be restricted by law. 
 
 Private Property. The rights of the state over private 
 property are limited. If the state exercises the right of 
 eminent domain and takes private property for public 
 use, the owner must be compensated. In cases where such
 
 98 ACTUAL GOVERNMENT OF NEW YORK 
 
 compensation is not to be made by the state, a jury of not 
 less than three men appointed by a court of record must 
 determine the amount of money to be paid for the prop- 
 erty taken. Some of the provisions of the constitution 
 dealing with property in lands grew out of conditions 
 existing during colonial times. While the colony was still 
 Dutch, a system of feudal tenures had been established 
 under the patroons, as the great landholders were called. 
 By the constitution all such feudal tenures are abolished ; 
 and in order to prevent the development of a landholding 
 aristocracy, which might work mischief similar to that 
 wrought by the patroons, another provision forbids the 
 leasing of agricultural lands, with the reservation of any 
 rent or service, for a longer period than twelve years. The 
 interference of one landholder with another in the matter 
 of constructing roads and ditches is the subject of two 
 important restrictions. In case a private road is desired, 
 the law provides for the precise manner in which it shall 
 be opened. The need for the road, as well as the amount 
 of damage due the party whose land is involved, must 
 be determined by a jury. The party benefited must, of 
 course, pay any expense involved, as well as compensate 
 his neighbor. Laws of a general character only are to be 
 made in providing for draining lands by ditches. In 
 either case no special law may be passed to suit the con- 
 venience of any single individual or group of individuals. 
 The state recognizes the harmfulness of gambling, and 
 has sought to curtail this waste of money and energy by 
 forbidding lotteries or the sale of lottery tickets, pool- 
 selling, bookmaking, or any other form of gambling. 
 
 State Debts. In addition to the restrictions in the fore- 
 going paragraphs the constitution places other restric- 
 tions, designed as checks, upon a possible abuse of power
 
 POWERS AND LIMITATIONS OF THE STATE 99 
 
 by those in authority. These especially concern financial 
 matters. In some of the states the recklessness and im- 
 providence of state legislatures and administrators have 
 created debts that have crippled the state and its citizens 
 for many years. Against such dangers this state has sought 
 to guard itself by a series of constitutional provisions declar- 
 ing what may and what may not be done in the matter 
 of creating debts. The state may, of course, contract 
 debts. Contingencies may arise, such as war or invasion, 
 necessitating unforeseen expenditures and making debt 
 inevitable. The constitution carefully specifies, however, 
 the conditions under which debts may be created. The 
 state may contract debt (1) to meet casual deficits or 
 failures in the revenues and (2) to meet expenses not pro- 
 vided for, but such debts must never exceed $1,000,000 
 in amount. It may also contract debts for the purpose of 
 repelling invasion, suppressing insurrection, or defending 
 itself in war. If the state contracts a debt for any other 
 purpose, it must carefully observe the following regula- 
 tions: (1) the debt is not to be contracted unless it be 
 authorized by*iaw for some single work or object specified 
 therein ; (2) the state must provide at once for its payment 
 by a law laying a direct annual tax sufficient to pay the 
 interest as it falls due and to cancel the entire obligation 
 within fifty years ; (3) the vote on such a measure in 
 the legislature must be taken by ayes and noes and be 
 duly recorded on the journal ; and (4) the measure must 
 be submitted to the people for action before it can become 
 a law and must receive a majority vote at the polls (a case 
 of referendum) . Three months must elapse after the pas- 
 sage of the bill before it is submitted to the people, and 
 no other bill or amendment to the constitution may be 
 submitted at the same time.
 
 ioo ACTUAL GOVERNMENT OF NEW YORK 
 
 State Credit. In order to prevent public money from 
 being used to " sanction a vast mass of private enter- 
 prises in which public rights and public interests become 
 the sport of speculators," the state is forbidden by the 
 constitution to -loan its credit to any private undertaking. 
 The state, like the individual, refuses to allow any claims 
 against it which have become outlawed, by lapse of time. 
 
 Forests and Canals. Besides these provisions which 
 have to do with its finances, the state is also debarred 
 from making any disposition of its forests and canals. 
 The preservation of the water supply is of such importance 
 that forest lands owned by the state or hereafter to be 
 acquired as part of the forest preserve must be maintained 
 as wild forest lands. They may not be leased, sold, or 
 exchanged, nor be taken by any corporation, public or 
 private ; nor can the timber growing there be sold, re- 
 moved, or destroyed. In like manner, the state cannot 
 sell, lease, or otherwise dispose of the Erie, Oswego, Cham- 
 plain, Cayuga, Seneca, or Black River canals ; nor can it 
 enforce any tolls on the persons or property which may 
 be transported on them. • 
 
 State Protection. The protection of the state against 
 invasion and domestic violence is secured by making 
 every male citizen between the ages of eighteen and forty- 
 five years residing in the state liable to military duty unless 
 exempted by United States law or by the laws of the state. 
 This body constitutes the militia. Members of local fire 
 departments ; local officers such as justices of the peace, 
 county judges, and sheriffs ; professional men such as doc- 
 tors, ministers, teachers, and a few others — are among 
 those exempted by law from military duty. Those men- 
 tally or physically incapacitated are also exempted. This 
 force has been partially organized by the legislature. The
 
 POWERS AND LIMITATIONS OF THE STATE 101 
 
 organized land force is called the national guard ; the naval 
 force, the naval militia. The state must, according to the 
 constitution (Art. XI, § 3, p. xlv), provide for a force of 
 " not less than 10,000 enlisted men, fully uniformed, armed, 
 equipped, disciplined, and ready for active service." The 
 legislature has by law increased this number to 20,000, of 
 whom 2000 are naval militia. The governor is commander 
 in chief of this force. It is his duty to " appoint the chiefs of 
 the several staff departments, his aides-de-camp, and military 
 secretary," the officers commanding the naval militia, the 
 officers of the signal corps, and, with the advice and consent 
 of the senate, all major-generals. The legislature has pro- 
 vided by law for the appointment of the remaining officers. 
 The national guard is commanded by a major-general ; the 
 naval militia, by a commodore or a captain. The organiza- 
 tion of the national guard is left partly to the governor. 
 The law, however, provides that a regiment shall consist of 
 eight to twelve companies, troops, or batteries. All enlisted 
 men must serve at least five years. While on duty they 
 receive a compensation which varies from $1.25 to $2.00 
 a day. The officers are also paid by the day. 
 
 State Mounted Police. The legislature of 19 17 authorized 
 a department of mounted police consisting of four troops of 
 fifty-eight men each and a headquarters force of five. The 
 organization is known as The New York State Troopers. 
 Barracks have been located near Albany, Batavia, Syracuse, 
 and White Plains, with many sub stations scattered over the 
 state. A state police officer may pursue a criminal, operate 
 upon a case, make an arrest, and exercise the full authority of 
 a state peace officer in any city, any borough, any village, or 
 any section whatever of the state. The state police cooperate 
 with the departments of health, excise, and education ; with 
 the secretary of state ; with sheriffs, district attorneys, and
 
 102 ACTUAL GOVERNMENT OF NEW YORK 
 
 societies for the prevention of cruelty to children and animals ; 
 and with automobile clubs and other similar organizations. 
 State police made their first appearance at the state fair in 
 September, 191 7. By January 1, 19 18, they had made over 
 six hundred arrests, with ninety-five per cent resulting con- 
 victions. Their presence upon state highways, at fairs, in 
 cities, and their patrol of the country generally, have done 
 much to make life and property secure. To get in touch 
 with the state police, call " Central " on your telephone and 
 you will be put in communication with their headquarters 
 in your district. 
 
 Corporations, Banks, etc. The state exercises definite con- 
 trol over corporations for the general benefit of the individual 
 citizen. The term "corporation" is defined by the consti- 
 tution as including all associations and joint-stock companies 
 having any of the powers or privileges of corporations not 
 possessed by individuals or partnerships. All corporations 
 except municipal corporations are formed in accordance with 
 general laws, except where, in the judgment of the legis- 
 lature, the objects cannot be attained under general laws 
 and are subject to a special tax for the support of the state. 
 Municipal corporations are formed by special act of the 
 legislature. The control over banks is especially stringent. 
 Banks that issue paper money must register their notes 
 and bills and provide ample security for their redemption 
 in specie. The legislature is forbidden to enact any law 
 authorizing these banks to suspend specie payment. If a 
 banks fails, it must pay the holders of its bills in preference 
 to any of its other creditors. The stockholders are per- 
 sonally liable for debts of the bank in proportion to their 
 amount of stock. Savings banks are not allowed any capital 
 stock, and the trustees are not allowed any interest, direct 
 or indirect, in their profits nor in any loan or use of the
 
 POWERS AND LIMITATIONS OF THE STATE 103 
 
 money. Thus the people of the state very definitely point 
 out what may and may not be done by their representa- 
 tives, retaining for themselves the ultimate control of their 
 own affairs. 
 
 QUESTIONS ON THE TEXT 
 
 1. Give in substance the provision of the constitution in refer- 
 ence to freedom of worship and of religious opinion ; in reference 
 to disfranchisement of citizens ; in reference to damages for injuries 
 causing death. 
 
 2. What is the greatest length of time for which agricultural 
 lands may be leased ? Why is this restriction made ? 
 
 3. Give in substance the provision of the constitution in refer- 
 ence to opening private roads ; to contracting debts on the part 
 of the state ; to the forest preserve ; to tolls on the canals and the 
 manner of providing funds for canal maintenance and improve- 
 ment ; to prison labor; to liability of stockholders of banks. 
 
 4. Describe the military system of the state. 
 
 5. Mention four classes of persons who are exempt from 
 military duty. Give a reason for such exemption. 
 
 6. What is the provision of the constitution regarding the 
 number of the militia that must be ready for active service ? 
 
 7. Describe the militia of the state, touching on (1) persons 
 composing it, (2) duties. 
 
 8. State the powers of the governor with reference to the 
 militia. Has the president of the United States authority to call 
 out the state militia ? Give a reason for your answer.
 
 CHAPTER X 
 LEGISLATIVE DEPARTMENT 
 
 Organization. The state legislature, like the national 
 legislature, consists of two houses, the senate and the 
 assembly. This division can be traced back to colonial 
 times, when the legislative power was divided between 
 the council and the colonial assembly, but there is now 
 no such reason for its continuation as exists in the case 
 of the national legislature. Both houses of the state 
 legislature are representative of the people in exactly the 
 same way, and the qualifications for membership in both 
 are the same. The term of the senator is, to be sure, 
 longer than that of the assemblyman, but this difference 
 in time is not sufficient to give added weight or dignity 
 to the upper house. The chief difference lies in the fact 
 that the senator represents a constituency three times as 
 large as does the assemblyman. There is an important 
 advantage in the two-chamber plan, however, in that 
 more time is required for the passage of a bill through the 
 two houses than through one. In this way the public is 
 sometimes able to express its opinion in such a material 
 way as greatly to influence legislation. 
 
 The Assembly. The number of assemblymen is fixed by 
 the constitution at 150. These, are apportioned through- 
 out the state on the basis of population, aliens excluded. 
 At the conclusion of each census the legislature immedi- 
 ately defines the boundaries of the new assembly dis- 
 tricts ; thus at each census the boundaries of the assembly 
 
 104
 
 ™ <C*TT»R*U6US' I STEUBE 
 
 Maps oj New York State, showing (above) the Forty-three 
 Congressional Districts and (below) the Nine Judicial 
 
 Districts 
 105
 
 106 ACTUAL GOVERNMENT OF NEW YORK 
 
 districts may be changed. Each county except Hamilton 
 is entitled to one assemblyman. The number of people 
 represented by an assemblyman is ascertained by divid- 
 ing the total population entitled to representation by 
 150. If a county contains a population equal to one 
 and one half times the number represented by an assembly- 
 man, the county is given two members. The remaining 
 members are apportioned among those counties having a 
 population equal to or greater than that represented by 
 two assemblymen. Assemblymen are elected annually 
 by the direct vote of the qualified voters of the district. 
 The annual salary is $1500. If more than one assembly- 
 man is assigned to a county, the county is divided into 
 assembly districts (see map, p. 87). 
 
 The Speaker: his Election. The first step in the elec- 
 tion of the speaker is the calling of a caucus, or meeting, 
 of all the assemblymen belonging to the political party 
 having a majority of the members elected to the assembly. 
 The purpose of this caucus is to consider who shall be 
 the candidate of the majority party. When a choice is 
 finally made by the caucus, all members of the party feel 
 bound to support the caucus candidate when he has been 
 placed in nomination before the full assembly. By this 
 method it will be seen that the speaker is actually chosen 
 by a majority of the majority party, and that it is pos- 
 sible for thirty-nine members to determine who shall be 
 the speaker of the assembly. Owing to the great power 
 which the speaker exercises over legislation, it is a ques- 
 tion if better results would not be obtained by changing 
 either our method of selection, electing the speaker by 
 popular vote of the whole state, or by eliminating all 
 of his present powers and duties other than those of a 
 presiding officer, giving him a vote only in case of a tie.
 
 LEGISLATIVE DEPARTMENT 107 
 
 The Speaker : his Powers. The speaker of the assembly 
 appoints the standing committees, of which there are 
 about thirty, the more important being the committee of 
 ways and means, judiciary, cities, railroads, education, 
 taxation, health, banks, insurance, and rules. There are 
 three sources of the speaker's power, and these give him 
 practical control over legislation. These are (1) his power 
 to appoint committees which are made up of a majority 
 selected from his own political party ; (2) his power of 
 recognition of members who wish to speak upon any 
 measure before the assembly, giving preference to those 
 having similar views to his own ; and (3) his power as 
 chairman of the committee on rules, which enables him 
 to determine almost absolutely what legislation shall be 
 considered in the closing days of the session. 
 
 Majority and Minority Leaders. Legislation is directed 
 from the floor of the assembly by the majority leader, 
 who is chairman of the committee of ways and means. 
 This is a responsible position and calls for the highest 
 qualities of leadership. The minority party also chooses a 
 leader to direct the action of the members of the minority. 
 
 Assembly Officers. The principal officers of the as- 
 sembly are (1) the speaker, who presides over the meet- 
 ings and appoints the assembly committees ; (2) the clerk, 
 who records the proceedings ; (3) the sergeant at arms, 
 who preserves order ; (4) the librarian ; and (5) the door- 
 keeper. Of these, only the speaker is a member of the 
 assembly. He is elected by the assembly for a term of 
 one year. 
 
 The Senate. The number of senators is fifty-one, 1 appor- 
 tioned on the basis of population. The senate districts, like 
 the assembly districts, are to be changed after every state 
 1 Laws of 1907.
 
 108 ACTUAL GOVERNMENT OF NEW YORK 
 
 census, so that they shall so far as possible contain an equal 
 number of citizens, excluding aliens. Senators, like as- 
 semblymen, are elected by direct vote of the people. 
 Senate districts must consist of contiguous territory, and no 
 county can be divided unless entitled to two or more senators. 
 
 Officers of the Senate. The lieutenant governor is ex 
 officio president of the senate. As presiding ofhcer he has 
 no vote except in case of a tie. A president pro tempore 
 is chosen by the senate from its own number to preside in 
 the absence of the lieutenant governor. He is chosen by 
 the senators in the same manner as the speaker is chosen 
 in the assembly, but has none of the latter's power other 
 than that of recognition of senators desiring to obtain the 
 floor for debate. The other officers are similar to those 
 of the assembly, with similar duties. The standing com- 
 mittees are similar to those of the assembly. 
 
 Members: Qualifications, Term, etc. The only quali- 
 fication imposed by the constitution for membership in 
 the state legislature is that the candidate shall not, at 
 the time of his election or within one hundred days previous 
 thereto, hold any federal or city office ; and the acceptance 
 of such office after election shall vacate the member's seat 
 in the legislature. Senators are elected for a term of two 
 years, assemblymen for one ; and both receive a salary 
 of $1500 per year, with an allowance of ten cents per mile 
 for traveling expenses to and from the capital once during 
 the session. As in Congress, members of the state legis- 
 lature are not to be questioned in any other place for any- 
 thing they may say in debate in the house. 
 
 Sessions. The sessions of the legislature are annual 
 and begin the first Wednesday in January. No time limit 
 is fixed, but the legislature usually adjourns the latter 
 part of March or the first of April. Special sessions may
 
 LEGISLATIVE DEPARTMENT 109 
 
 be called at any time by the governor. In many states 
 the legislature meets but once in two years, and then 
 the sessions are limited to thirty, sixty, or ninety days. 
 Is this a wise plan? Discuss fully. 
 
 Procedure. The rules for conducting business are partly 
 prescribed by the constitution. A quorum usually con- 
 sists of a majority of the members elected to each house, 
 but when a bill imposing, perpetuating, or renewing a 
 tax, or continuing or renewing an appropriation, or releas- 
 ing, discharging, or commuting a claim against the state 
 is under final consideration, three fifths of the members 
 must be present, and the vote must be recorded on the 
 journal. Each house judges as to the qualifications of its 
 members, chooses its officers, makes the necessary rules, and 
 appoints its committees. Both houses must keep journals 
 and publish their proceedings, except such parts as demand 
 secrecy ; and all sessions of both houses are open to the 
 public except when the nature of the business demands 
 secrecy. Neither house can adjourn for more than two 
 days without the consent of the other. As in the national 
 Congress, the work of the legislature is done by the com- 
 mittee system (see Chapter XXI, pp. 270-278), and the 
 methods of obstructing and advancing legislation are the 
 same. (See pp. 621, 635, "Red Book," 1915.) 
 
 How a Bill becomes a Law. Any legislative bill may 
 originate in either house and may be amended by the other. 
 The steps in the passage of a bill in each house of the 
 state legislature are practically the same and are similar 
 to those in Congress (see Chapter XXI, pp. 269-278). 
 The state constitution requires in addition that a copy of 
 the bill in its final form shall be laid on each member's 
 desk at least " three calendar legislative days " before its 
 final passage, unless the governor has certified to the
 
 no ACTUAL GOVERNMENT OF NEW YORK 
 
 necessity for immediate action on the measure. A bill 
 becomes a law in one of three ways: (i) it may receive a 
 majority of the votes in both houses and the signature of 
 the governor ; (2) if the governor refuses to sign the bill, 
 it is returned to the house in which it originated, and if it 
 then receives two thirds of the votes of both houses, it 
 becomes a law without the signature of the governor ; 
 (3) if the governor fails to sign a bill within ten days, 
 Sundays excepted, and the legislature has not adjourned 
 in the meantime, the bill becomes law. The governor is 
 given thirty days after final adjournment of the legislature 
 to consider the bills left in his hands. Bills not signed 
 within this time fail to become law. The governor may 
 reject one or more items of an appropriation bill without 
 vetoing the whole measure. If a bill appropriates public 
 money or public property for " local or private use," two 
 thirds of the members must signify their approval before 
 the governor can sign it. All bills appropriating money 
 must definitely state the purpose for which the appro- 
 priation is made, and the money must be spent within 
 two years. When the two houses fail to agree, conference 
 committees from each are appointed, and their recommen- 
 dations are usually voted. 
 
 Public- Welfare Laws. To protect those engaged in 
 dangerous occupations, to safeguard the interests of women 
 and children who must engage in gainful occupations, to 
 assist widows with families, and to protect the public 
 health, the state has departed considerably from its tradi- 
 tional course in recent years. An industrial commission 
 of five, appointed by the governor for a term of six years 
 at a salary of $8000 each, is placed at the head of the de- 
 partment of labor and is almost continuously in session. 
 This commission has great powers pertaining to the safety
 
 LEGISLATIVE DEPARTMENT in 
 
 and health of working men and women. State laws regu- 
 late the hours that women and children may work in 
 factories, stores, and other places of business, making it 
 obligatory that these places be sanitary, free from dust, 
 gases, and poisonous fumes, and that dangerous machinery 
 be inclosed. Railroads are compelled to install safety 
 devices ; engineers, pilots of vessels, chauffeurs, and 
 operators of moving-picture machines must have licenses 
 issued by state authority ; the common towel and drinking 
 cup are now forbidden in stores, factories, schools, on 
 sleeping cars, and in other places where their use might 
 become the means of communicating disease. The " Work- 
 men's Compensation Act " is one of the most noted 
 of welfare laws. This law insures a workman and his 
 family against loss of income resulting from injury or death 
 while engaged in various hazardous occupations. Em- 
 ployers of labor in such occupations must insure their 
 workmen as provided by law, and it is one of the duties of 
 the industrial commission to see that this is done. For 
 the maintenance of the home, where death has taken the 
 father and no income has been otherwise provided, the state 
 pensions the widowed mother, providing there are children 
 under sixteen years of age, in amounts equal to what it 
 would cost the state to care for the children in an institu- 
 tional home, and thus makes it possible to keep the family 
 together. For the administration of this law the county 
 judge appoints a local committee of seven, two of whom 
 must be women, to inquire into and make allowance for 
 needy cases. 
 
 Powers of the Legislature. The power of the legislature 
 is limited by the federal constitution, treaties, and laws, and 
 by the state constitution. These it cannot change and 
 must not violate, but otherwise it may pass any law it
 
 H2 ACTUAL GOVERNMENT OF NEW YORK 
 
 pleases. The legislature elects twelve regents of the Uni- 
 versity of the State of New York. The choice is made by 
 the senate and assembly meeting and voting together, 
 that is, in joint session. The senate may, with the 
 judges of the court of appeals, sit as a court of impeach- 
 ment, and it also has authority over the appointments of 
 the governor. The assembly may bring charges of im- 
 peachment against high state officials — the governor, 
 lieutenant governor, judges, etc. Legislative commissions 
 may be appointed by either house or jointly for the pur- 
 pose of investigating any and all questions within the 
 scope of state legislation. (See also special restrictions 
 outlined in Art. Ill, pp. xii-xiv.) 
 
 QUESTIONS ON THE TEXT 
 
 1. Explain the advantage to the people of a legislature con- 
 sisting of two houses. 
 
 2. Why are members of the assembly elected more frequently 
 than senators ? Why is the number of members of the assembly 
 greater than that of senators? 
 
 3. Give the divisions of the legislature of this state ; the title 
 of the presiding officer of each; the special powers of the 
 senate. 
 
 4. State the provisions of the constitution regarding repre- 
 sentation in the legislature ; special powers of assembly. 
 
 5. When and how is the number of members of the assembly 
 apportioned among the several counties ? 
 
 6. Compare the office of president of the senate with that of 
 speaker of the assembly, touching on (i) mode of election, 
 (2) privilege of voting, (3) power with reference to the appoint- 
 ment of standing committees. 
 
 7. State the conditions which would render a person in- 
 eligible to the legislature.
 
 LEGISLATIVE DEPARTMENT 113 
 
 8. Justify the following provision in the state constitution : 
 "For any speech or debate in either house of the legislature 
 the members shall not be questioned in any other place." 
 
 9. Under what circumstances and by whom may a special 
 session of the legislature be called? 
 
 10. What proportion of the members of each house of the 
 legislature constitutes a quorum to do ordinary business? 
 Mention two cases in which a two-thirds vote is required to 
 pass a bill. 
 
 11. Explain the necessity of legislative committees. State 
 two evils that may result from transacting business through 
 such committees. 
 
 12. How are contested elections in each branch of the legis- 
 lature decided? 
 
 13. What are the present constitutional provisions regarding 
 the passing of bills by the legislature? as to printing bills? as 
 to impeachment trials? 
 
 14. Give in substance an important provision of the con- 
 stitution in reference to appropriation bills. 
 
 15. Mention three restrictions imposed by the constitution 
 on the legislature. Give the reason for such limitation. 
 
 16. Give two powers common to the assembly and the senate. 
 Mention one power possessed by the senate but not by the 
 assembly. 
 
 17. What constitutes the impeachment court?
 
 CHAPTER XI 
 
 THE GOVERNOR AND OTHER EXECUTIVES 
 
 General Provisions. The executive officers of the state 
 are so numerous that it is possible to consider only the 
 more important. There are, however, certain general 
 provisions of the constitution which apply to all alike. 
 In the first place, with the exception of the governor 
 and the lieutenant governor, the state prescribes no spe- 
 cial qualifications for its executive officers. Every state 
 officer must take an oath to support the constitution of 
 the United States and of the state of New York, and to 
 perform his duties faithfully. In order to guard against 
 corruption, a heavy penalty is imposed upon officers 
 who accept a bribe. No official whose compensation is 
 fixed by law is allowed to receive an additional compen- 
 sation, nor can the salary of an officer be increased or 
 diminished during his term of office. To minimize the 
 influence exercised by large corporations upon legislation, 
 the constitution provides that no state officer shall be per- 
 mitted to accept a free pass, free transportation, or other 
 special privileges from a railroad, telegraph, or telephone 
 company. 
 
 The Governor. The most important officer in the 
 state is the governor. A candidate for this position must 
 be at least thirty years of age, a citizen of the United States, 
 and a resident of the state for five years next preceding 
 his election. He is elected by direct vote of the people for 
 
 114
 
 THE GOVERNOR AND OTHER EXECUTIVES 115 
 
 a term of two years at a salary of $10,000 l per year, with 
 the free use of the executive residence. In case of a tie 
 vote, the legislature chooses by joint ballot a governor 
 from the persons having an equal number of votes. The 
 governor is removable only by impeachment. In case of 
 removal by death, resignation, or impeachment, or in 
 case of disability of any kind, he is succeeded by the 
 lieutenant governor. In the event of the inability of the 
 latter to serve, the office devolves upon the president pro 
 tempore of the senate, and in case of his failure to serve, 
 upon the speaker of the assembly. 
 
 Powers of the Governor. The powers of the governor 
 are (1) executive, (2) legislative, and (3) judicial. His 
 executive duties are to enforce the provisions of the con- 
 stitution and all measures passed by the legislature. He 
 is commander in chief of the military and naval forces of 
 the state, and transacts all necessary business with the 
 officers of the state, civil and military, many of the more 
 important of whom he appoints. His legislative power con- 
 sists in his exercise of the veto, his annual and special 
 messages pointing out, many times, desirable legislation. 
 In case he is a strong party leader and his party is in the 
 majority in the legislature, his suggestions are generally 
 followed. He may also convene the legislature, or the 
 senate alone, in extra session whenever, in his opinion, the 
 occasion requires. After a bill has been passed by both 
 houses of the legislature, it is sent to the governor. After 
 a bill reaches the governor, it takes the following course : 
 (1) if approved by the governor, he signs it and the bill 
 becomes statute law ; (2) if the governor disapproves of 
 
 1 The legislature of 1910 passed a bill recommending that the constitu- 
 tion be amended, making the salary of the governor $20,000; senators, 
 $3000; assemblymen, $2500.
 
 n6 ACTUAL GOVERNMENT OF NEW YORK 
 
 the bill, he returns it within ten days, with a memorandum 
 of his objections, to the house in which it originated ; if 
 it is repassed by a two-thirds majority of both houses, it 
 becomes a law without his signature ; (3) if it is not re- 
 turned within ten days, Sundays excepted, it becomes a 
 law without the governor's signature, unless the legisla- 
 ture has adjourned, when he has thirty days. The gov- 
 ernor may appoint a public hearing upon any bill, and 
 may veto items in an appropriation bill without vetoing 
 the entire measure (Art. IV, §9, p. xviii). The gover- 
 nor's judicial power consists in granting reprieves, par- 
 dons, and commutations, except in cases of impeachment. 
 Even in cases of treason he may suspend the execution of 
 the sentence until the next session of the legislature. He 
 must, however, report annually to the legislature all cases 
 of the exercise of this power (Art. IV, §5, p. xvii). 
 
 The power of the governor is further shown in his ap- 
 pointment of a large number of important administration 
 officials, boards, and commissions charged with the duty 
 of carrying into effect the laws of the state. There are 
 eighteen such departments, chief among which are the 
 civil-service commission, public-service commissions (one 
 for the metropolitan district, one for the rest of state), 
 commissioner of excise, commissioner of labor, superin- 
 tendent of banks, superintendent of insurance. The gov- 
 ernor exercises the power of removal of certain state 
 officials with the consent of the senate, and of certain 
 county and city officials without its consent (Art. X, 
 § 1, p. xliii). He may assign justices of the supreme 
 court to certain duties, and may fill vacancies in certain 
 judicial, state, and county offices. He 1 may appoint a 
 
 1 In 1908 President Roosevelt invited the governors of the states to 
 meet him in Washington and talk over important matters. The governors
 
 THE GOVERNOR AND OTHER EXECUTIVES 117 
 
 United States senator to fill a vacancy pending election, 
 and may order an election in a congressional district to 
 fill a vacancy in Congress, and in this way directly influ- 
 ence federal legislation. 
 
 The Lieutenant Governor. Though the lieutenant 
 governor occupies a less commanding position than does 
 the governor, it would be a great mistake to select for the 
 place a man who would not make a good governor should 
 he for any reason be called upon to assume the duties of 
 that office, as has happened. Like the governor, he is 
 elected by direct vote of the people for a term of two years. 
 His salary is $5000 per year. He is ex officio president of 
 the senate ; and by having the casting vote in case of a 
 tie, and by his power of recognizing members who desire 
 to speak, he may materially influence legislation. He is 
 also ex officio member of certain administrative boards 
 and commissions. 
 
 Other Administrative Officers. The governor is assisted 
 in the performance of the executive work of the state 
 by a large number of administrative officers, boards, 
 and commissions, of whom some are elected directly by 
 the people, others are appointed by the governor with the 
 advice and consent of the senate. Some of these officials 
 correspond exactly in name and function to the president's 
 assistants, the heads of the great executive departments 
 in the national government ; but their relation to the gov- 
 ernor differs very considerably from the relation of the 
 president's assistants to him. The administrative officers 
 
 have met several times since for similar purposes upon their own motion. 
 This meeting together is referred to as the House of Governors, and their 
 discussion of important questions is likely to have its effect upon uniform 
 state legislation, and may have some bearing upon federal and state rela- 
 tionship, defining more clearly the field of each.
 
 n8 ACTUAL GOVERNMENT OF NEW YORK 
 
 of the state, particularly those elected directly by the people, 
 are practically independent of the chief executive, and are 
 in no sense a cabinet. They do not form an advisory 
 council and need not hold political views in harmony with 
 his. The elective officers are not subject to removal by 
 the governor ; and even in the case of appointive officers, 
 the governor can exercise his power of removal only under 
 restrictions. These officers are to a large degree the 
 managers of the state's business, for the state, like the indi- 
 vidual, has its purely business interests. These interests 
 are varied and require the personal attention of hundreds 
 of assistants. Some of the more important business matters 
 are the collection and distribution of the taxes ; the admin- 
 istration of schools, charitable institutions, prisons, and 
 canals ; the purchase, sale, and care of public lands ; the 
 payment of employees, etc. It is simply good business 
 management on the part of the people so to protect their 
 business agents that they cannot be seriously interfered 
 with while discharging their obligations to the state. 
 
 Secretary of State. The secretary of state is elected 
 for a term of two years by the voters of the entire state, 
 in the same manner as the governor. His salary is $6000 
 per year. He is the keeper of the state archives and the 
 great seal, and superintends the publication and distribution 
 of the laws, to which he attaches his certificate. He ad- 
 ministers the oath of office to the members of the legisla- 
 ture and to other state officers, and reports to the legislature 
 annually. He is ex officio a member of the land office and 
 canal fund, a member of the canal board, of the board of 
 state canvassers (of elections returns), of the state board 
 of equalization of assessments, of the state printing board, 
 and one of the officers to designate the state paper. He is 
 a trustee of Union College ; he fixes the salaries of the resi-
 
 THE GOVERNOR AND OTHER EXECUTIVES 119 
 
 dent officers of the state hospitals, subject to the approval 
 of the governor and the comptroller, and performs various 
 minor duties. The secretary of state can be removed from 
 office only by impeachment. 
 
 Comptroller. The comptroller is elected for a term of 
 two years by the voters of the entire state and receives 
 a salary of $8000 per year. He audits all accounts against 
 the state and issues warrants on the treasurer for their 
 payment, as directed by law. He designates the banks 
 in which the funds of the state shall be deposited, collects 
 the tax on corporations, supervises the collection of the 
 transfer and stock-transfer taxes, sells the land of delin- 
 quent taxpayers in the various counties in which are in- 
 cluded a part of the forest preserve, examines the accounts 
 of the court and trust funds deposited with the treasurer 
 of every county of the state, regulates the forms of accounts 
 and manner of investment, appoints examiners of munici- 
 pal accounts, and performs various minor duties. He is 
 ex officio a member of several important boards and com- 
 missions, of the state board of canvassers, of the board 
 of equalization of assessments, and a trustee of Union 
 College. 
 
 Treasurer. The state treasurer is elected on the general 
 ticket by the voters of the entire state for a term of two 
 years, at a salary of $6000 per year. He is the custodian 
 of all moneys paid into the state treasury, and moneys 
 owed by the state are paid out by him upon proper war- 
 rants (or orders) . He is a member of the canal board, of the 
 state board of canvassers, of the board of equalization of 
 assessments, and of other boards and commissions. He is 
 authorized by law to perforin other duties, and may be sus- 
 pended by the governor during a recess of the legislature 
 and for thirty days after it convenes, for neglect of duty.
 
 120 ACTUAL GOVERNMENT OF NEW YORK 
 
 Attorney-General. The attorney-general is elected upon 
 the general state ticket by all the voters of the state. He 
 is chosen for a term of two years, at a salary of $10,000 
 per year. It is his duty to prosecute and defend all 
 actions and proceedings in which the state is interested, 
 and to have charge and control of all the legal business 
 of the officers and departments of the state except the mili- 
 tary department. He is a member of the state board of 
 canvassers, of the board of equalization of assessments, 
 and of several other important boards and commissions. 
 
 State Engineer and Surveyor. The state engineer and 
 surveyor is elected upon the general state ticket for a term 
 of two years, at a salary of $8000 per year. He has charge 
 of the surveys and supervises the public lands and canals, 
 and must be a practical engineer. He is ex officio a mem- 
 ber of several important boards and commissions. 
 
 Other Elective Officers. Besides the above, the people 
 elect fifty-one senators for a term of two years, at an 
 annual salary of $1500, and support in addition over one 
 hundred officers of the senate ; one hundred fifty assembly- 
 men for a term of one year, at an annual salary of $1500, 
 and one hundred and eleven assembly officials ; ten judges 
 of the court of appeals for a term of fourteen years, at a 
 salary of $13,700 per year, with $14,200 for the chief judge ; 
 and one hundred two judges of the supreme court for a 
 term of fourteen years, each at a salary of $17,500 per year 
 in the first and second districts, and $10,000 per year in 
 the remaining seven districts. These judges are chosen 
 by the people voting by districts. The people also elect 
 forty-three representatives to Congress from as many 
 districts, and two United States senators from the state 
 as one district. The legislature by joint ballot chooses 
 twelve members of the board of regents, one each year,
 
 THE GOVERNOR AND OTHER EXECUTIVES 121 
 
 for a term of twelve years each. They have general 
 supervision of education and serve without salary. 
 
 Appointed by the Governor. In addition to those 
 chosen by the people at the general elections, the following 
 are the chief officers appointed by the governor, by and 
 with the advice and consent of the senate. The only sig- 
 nificance to the number of officers, clerks, and assistants 
 is to impress upon the student the enormous army of people 
 who are working for the state, that is, who are doing our 
 business for us. This number changes from time to time. 
 
 Name 
 
 Term 
 
 Salary 
 
 Main Duties 
 
 Commissioner of 
 
 3 yrs. 
 
 $8000 and 
 
 Appoints a director of farmers' 
 
 agriculture 
 
 
 necessary 
 
 institutes and other officers to 
 
 
 
 expenses 
 
 enforce the laws. Appoints ex- 
 pert butter and cheese makers 
 to examine and inspect butter 
 and cheese factories and im- 
 part information as to best 
 methods of making and im- 
 proving quality of these prod- 
 ucts. Has access to all places 
 where dairy products are 
 made and may examine same 
 to detect violations of the law. 
 
 Commissioner of 
 
 5 yrs. 
 
 $7000 
 
 With his assistants issues liquor- 
 
 excise 
 
 
 
 tax certificates and collects 
 pay therefor ; receives reports 
 of violations of the law. 
 
 State board of 
 
 8 yrs. 
 
 $10 a day 
 
 Visits, inspects, and supervises 
 
 charities (12). 
 
 
 for attend- 
 
 all institutions or associations 
 
 One is ap- 
 
 
 ance at 
 
 which are of a charitable, cor- 
 
 pointed from 
 
 
 meeting ; 
 
 rectional, or reformatory char- 
 
 each judicial 
 
 
 not to ex- 
 
 acter, public or private, with 
 
 district and 
 
 
 ceed $500 
 
 the exception of those in- 
 
 three additional 
 
 
 a year 
 
 trusted to the commission in 
 
 from N.Y. City 
 
 
 
 lunacy and state commission
 
 122 ACTUAL GOVERNMENT OF NEW YORK 
 
 Name 
 
 C i vil-service 
 commission (3), 
 not more than 
 two of whom 
 are to be from 
 same political 
 party 
 
 Conservation 
 commission (3) 
 
 Commissioner of 
 health. Must 
 be a physician 
 of ten or more 
 years' experi- 
 ence and also 
 a college grad- 
 uate 
 
 State hospital 
 commission in 
 
 Not fixed 
 
 6 yrs. 
 
 Salary 
 
 15000 and 
 traveling 
 expenses 
 
 >io,ooo and 
 necessary 
 expenses 
 
 4 yrs. 
 
 6 yrs. 
 
 Main Duties 
 
 !8ooo and 
 expenses 
 
 President 
 receives 
 
 of prisons; frames rules for 
 reception and retention of 
 inmates; reports annually to 
 legislature. 
 Aids the governor in preparation 
 of rules with which to test fit- 
 ness and capacity of applicants 
 for employment in the public 
 service of the state, to the end 
 that appointments and pro- 
 motions shall be made on the 
 basis of merit and competition. 
 Acquires forest lands for state, 
 administers laws relating to 
 tree culture, state parks, res- 
 ervations, etc. ; enforces fish 
 and game laws, propagates and 
 distributes among the waters 
 of the state food and fish, has 
 charge of state hatcheries ; etc. 
 Looks after the interests of 
 health and life of people of 
 state; inquires into cause 
 of disease, especially epidem- 
 ics; investigates source of 
 mortality and effect of locali- 
 ties, employments, and other 
 conditions upon public health ; 
 collects vital statistics; looks 
 after health as it relates to 
 sale of food, drugs, etc. 
 Has exclusive jurisdiction over 
 all institutions for care of in- 
 
 Note. The governor also appoints three superintendents of election for terms 
 of four years, at an annual salary of $5000 each. These appoint three " chief " 
 deputies at a salary of $4500 each, and 400 deputies whose compensation is $5 per 
 day for actual services rendered.
 
 THE GOVERNOR AND OTHER EXECUTIVES 123 
 
 Name 
 
 lunacy (3). 
 Second mem- 
 ber must be a 
 lawyer and the 
 third a layman. 
 Office force of 
 22 
 
 State commission 
 of prisons (7 
 members) 
 
 Term 
 
 Two public serv- 
 ice Commis- 
 sions of five 
 members each 
 
 State tax com- 
 missioners (3 
 
 Salary 
 
 4 yrs. 
 
 5yrs- 
 
 $7500, 
 others 
 $5000. 
 Each of 
 the three 
 is allowed 
 $1200 for 
 expenses 
 &10 per day 
 and their 
 expenses 
 
 $15,000 
 
 3 yrs. 
 
 Main Duties 
 
 sane ; examines into their 
 condition, inquires into their 
 methods of management and 
 government ; licenses private 
 institutions. Supervises the 
 expenditures of all state hos- 
 pitals ; requires annual reports 
 from state hospitals. 
 
 Visits and inspects all institu- 
 tions used for the detention 
 of sane adults charged with 
 crime; aids in securing their 
 just, humane, and economic 
 administration ; investigates 
 their management and the 
 conduct of their officials ; pro- 
 tects and preserves health of 
 prisoners; arranges for their 
 employment. 
 
 Represents the interests of the 
 general public in matters re- 
 lating to railroads, street-car 
 lines, and common carriers, 
 with reference to service 
 charges, switches, sidetracks, 
 freight rates, etc.; also in 
 matters relating to gas and 
 electrical corporations, tele- 
 phone and telegraph compa- 
 nies, and those employed by 
 the same. The aim is to 
 improve service at less cost 
 and with greater safety to 
 the public and employees of 
 such companies. 
 
 Visit officially every county once 
 in two years and inquire into
 
 i2 4 ACTUAL GOVERNMENT OF NEW YORK 
 
 Name 
 
 Term 
 
 Salary 
 
 Main Duties 
 
 members) 
 
 
 
 the methods of assessment 
 and taxation ; furnish local as- 
 sessors with instruction ; hear 
 and determine appeals from 
 local equalization boards 
 within the several counties; 
 report annually to legislature. 
 
 Superintendent 
 
 3yrs. 
 
 $10,000 
 
 Supervises banks operated under 
 
 of banks 
 
 
 Expenses of 
 
 state laws, savings banks, 
 
 
 
 this office 
 
 trust, loan, and mortgage com- 
 
 
 
 are paid by 
 
 panies or associations, etc. 
 
 
 
 the insti- 
 
 Receives reports from these, 
 
 
 
 tutions in- 
 
 banks reporting quarterly, 
 
 
 
 spected 
 
 savings banks and all others 
 in general semiannually. Re- 
 ports annually to legislature. 
 
 Super fhtendent 
 
 3 yrs- 
 
 $io,ooo. Ex- 
 
 Controls and supervises insur- 
 
 of insurance 
 
 
 penses are 
 
 ance companies doing business 
 
 
 
 paid by 
 
 in the state; requires all life 
 
 
 
 insurance 
 
 and casualty companies of the 
 
 
 
 companies 
 
 state and all foreign insurance 
 
 
 
 doing busi- 
 
 companies to deposit securi- 
 
 
 
 ness in this 
 
 ties with him for the protec- 
 
 
 
 state 
 
 tion of policyholders; has 
 power to refuse a company 
 right to transact business in 
 the state. Reports annually 
 to legislature. 
 
 Superintendent 
 
 2 yrs. 
 
 $8ooo 
 
 Carries out laws relating to re- 
 
 of public works 
 
 i.e., for 
 
 
 pair and navigation of ca- 
 
 (a deputy and 
 
 term of 
 
 
 nals, their construction and 
 
 three assistant 
 
 governor 
 
 
 improvement, except so far as 
 
 superintend- 
 
 who 
 
 
 the execution of such laws may 
 
 ents, appointed 
 
 nomi- 
 
 
 be confided to state engineer 
 
 by the superin- 
 
 him, or 
 
 
 and surveyor; subject to the 
 
 tendent of pub- 
 
 until his 
 
 
 control of legislature, makes 
 
 lic works for 
 
 successor 
 
 
 rules and regulations for navi-
 
 THE GOVERNOR AND OTHER EXECUTIVES i2<: 
 
 Name 
 
 Term 
 
 Salary 
 
 Main Duties 
 
 3 yrs., each re- 
 
 qualifies 
 
 
 gation or use of the canals ; has 
 
 ceive a salary of 
 
 
 
 charge of expenditure of all 
 
 $3000) 
 
 
 
 moneys appropriated by legis- 
 lature for public improvements 
 authorized by special acts. 
 
 Architect 
 
 During 
 
 $10,000 
 
 Prepares plans, specifications, 
 
 
 pleasure 
 
 
 and acts as supervising archi- 
 
 
 of gov- 
 
 
 tect of all buildings con- 
 
 
 ernor 
 
 
 structed by the state. 
 
 Superintendent 
 
 5 yrs- 
 
 $6000 
 
 Supervises state prisons and 
 
 of state prisons 
 
 
 
 convicts therein, discipline, 
 police, contracts and penal 
 concerns thereof subject to 
 existing laws ; appoints agents 
 and wardens, physicians and 
 chaplains of prisons; reports 
 annually to legislature. 
 
 State commis- 
 
 2 yrs. 
 
 $12,000 
 
 Charge of state roads and im- 
 
 sioner of high- 
 
 
 
 provements. 
 
 ways 
 
 
 
 
 Summary. In 1914 the state's payroll approximated 
 $22,254,700. The state's business required 17,414 regular 
 employees under salary and 1167 employees serving with- 
 out compensation, in addition to a large number of persons 
 employed by the day to whom $2,873,204 of the above 
 sum was paid. During the same year the Greater City of 
 New York employed 69,280 different people and paid 
 $104,353,286 for the services which they rendered. No 
 political significance whatever is attached to the vast 
 majority of the state's employees, and, since better results 
 for the state can be obtained by trained help, the necessity 
 for taking precautions to secure efficient service and to 
 safeguard entrance to that service, which is the work of
 
 126 ACTUAL GOVERNMENT OF NEW YORK 
 
 the civil-service commission, is apparent. Furthermore, 
 state officials should work as many hours per day as many 
 days per year as they would be required to do by a private 
 corporation. 
 
 QUESTIONS ON THE TEXT 
 
 1. State the conditions of eligibility to the office of governor, 
 giving reasons. What is his salary ? his length of term ? 
 
 2. Give the mode of electing the governor, and five of his 
 duties. Name the other officers elected by direct vote of all 
 the voters of the state. What state and county officers may 
 he remove? 
 
 3. Give in substance the provision of the constitution in 
 reference to the succession to the governorship in case of the 
 death, resignation, etc. of the governor. 
 
 4. What control has the governor over legislation? On 
 what grounds is this arrangement justifiable? 
 
 5. State the qualifications, term of office, salary, and chief 
 duties of the lieutenant governor. 
 
 6. When is the lieutenant governor not entitled to a casting 
 vote? Why this restriction? 
 
 7. Mention the principal duties of the following officers: 
 (i) attorney-general, (2) state engineer and surveyor, (3) comp- 
 troller, (4) state treasurer. 
 
 8. In what respects are the duties of the secretary of state 
 of the United States and of the state (1) similar, (2) dis- 
 similar ? 
 
 9. Distinguish between the duties of the state comptroller 
 and those of the state treasurer. Which officer is the more im- 
 portant ? Give reasons for your answer. 
 
 10. Name two state officers appointed by the governor. 
 
 11. Name one state commission and mention its principal 
 duties.
 
 THE GOVERNOR AND OTHER EXECUTIVES 127 
 
 12. State the manner of obtaining office, the length of term, 
 and the chief duty of the commissioner of excise. 
 
 13. Describe the organization and mention the principal 
 functions of the state board of charities. 
 
 14. Describe the organization and state the principal func- 
 tion of the civihservice commission ; of the public-service 
 commissions. 
 
 15. What is meant by the civil service? What are the 
 provisions of the constitution of this state regarding the civil 
 service ? What important change was made in this law in 1899 ? 
 
 16. Give in substance the provision of the constitution in 
 reference to civil-service appointments and promotions. 
 
 17. What are the principal duties of the department of 
 health? 
 
 18. Describe the department of labor touching on (1) or- 
 ganization, (2) principal functions.
 
 CHAPTER XII 
 JUDICIAL DEPARTMENT 
 
 Courts and Judges. The business of interpreting the 
 law is vested in a regular series of courts — justice 
 and municipal courts, county court, supreme court, appel- 
 late division of the supreme court, and court of appeals. 
 No judge of any of these courts, except justices of the 
 peace, may receive any fees or perquisites of office in addi- 
 tion to his regular salary, which is determined by law and 
 cannot be increased or diminished during his term of 
 office. Every member of these courts, except justices 
 of the peace and the county judge in Hamilton County, 
 must be an attorney and counselor of this state. None 
 of these officers, however, except justices of the peace and 
 county judges and surrogates in counties of less than 
 120,000 population, may carry on any private practice or 
 act as a referee in the state during his term of office ; and 
 the legislature may impose a similar prohibition upon 
 county judges and surrogates in other counties. When a 
 judge has reached the age of seventy years, he must retire. 
 
 Justice Courts. The lowest court for the trial of cases 
 both civil and criminal is a justice court, presided over by 
 a justice of the peace. This is primarily a town court, 
 and is nearest to the people. City governments have 
 provided special courts, which have absorbed much of the 
 business of justice courts. The justices, four in each town, 
 
 128
 
 The Senate Chamber (above) and the Assembly Chamber 
 (below) in the State Capitol at Albany 
 
 129
 
 130 ACTUAL GOVERNMENT OF NEW YORK 
 
 are chosen by the voters in town meeting for a term of 
 four years. They are paid by fees. Their jurisdiction is 
 limited to petty criminal cases and to civil cases where 
 the amount involved does not exceed $200. They may, 
 however, issue warrants for the arrest of persons suspected 
 of graver offenses, and may after examination admit them 
 to bail (money security for their appearance in court when 
 wanted) or send them to jail to await the action of the 
 grand jury. Over both civil and criminal cases of a minor 
 nature a justice court has original jurisdiction ; that is, 
 such cases may be begun there. Appeals from the deci- 
 sion of a justice court may be taken to the county court ; 
 that is, either party to a civil suit may upon request have 
 his case reexamined in the county court. 
 
 County Courts. The court next higher than a justice 
 court is the county court. As its name implies, its 
 jurisdiction is limited to the boundaries of the county. 
 It has both original and appellate jurisdiction over most 
 of the cases, either civil or criminal, arising in the county. 
 Its jurisdiction in civil cases is limited to those in which 
 the amount involved does not exceed $2000. Issues of 
 fact in a county court are determined by a jury of twelve 
 men drawn by the county clerk from the list furnished 
 by the town board and the board of supervisors (pp. 135- 
 136). In every county except the county of Kings, 
 which has two county judges, and the county of New 
 York, which has no county court, there is a single county 
 court, presided over by a judge chosen by the voters of 
 the county for a term of six years at a salary fixed by law 
 but varying in different counties. County judges may 
 be removed by a two-thirds vote of the senate on the 
 recommendation of the governor, but such removal may 
 be made only for cause and after the judge has been
 
 JUDICIAL DEPARTMENT 131 
 
 informed of the charge against him and has been given 
 opportunity to defend himself. 
 
 The Supreme Court is the next court higher than the 
 county court. In this court may be tried all grave crimes 
 against the laws of the state, and all important civil cases. 
 The state has been divided into nine judicial districts, in 
 each of which the court holds its sessions. The first 
 district is entitled to thirty-two judges, the second to 
 twenty ; the third to seven, the fourth and sixth to six ; the 
 fifth to eight ; the seventh to seven ; the eighth to fourteen ; 
 and the ninth to seven ; making in all one hundred two, 
 elected for terms of fourteen years. In the first and second 
 districts the salary is $17,500 annually, and $10,000 in each 
 of the other seven districts. The judges are elected by 
 the voters of their respective districts. At the age of 
 seventy years a judge must retire. Judges may be re- 
 moved by a concurrent resolution passed by the legislature, 
 providing two thirds of the members concur. The supreme 
 court has both appellate and original jurisdiction ; that is, 
 cases may be begun in this court or taken to it on appeal 
 from the county court. 
 
 Appellate Division of the Supreme Court. To lighten 
 the labors of the court of appeals another court was created 
 in 1894, called the appellate division of the supreme court. 
 The state is divided into four judicial departments, the 
 first consisting of the counties of New York and The Bronx, 
 the other departments including the judicial districts near 
 them. There is an appellate division in each department, 
 located respectively in New York City (first), Brooklyn 
 (second), Albany (third), and Rochester (fourth). From 
 those elected to the supreme court the governor assigns 
 seven judges to the first and five each to the other depart- 
 ments. For this service supreme-court judges receive an
 
 i 3 2 ACTUAL GOVERNMENT OF NEW YORK. 
 
 additional salary of $2000, and the presiding judge of each 
 department, $2500. No more than five judges may sit 
 in any case, four are necessary for a quorum, and the 
 concurrence of three is necessary to render a decision. 
 
 Court of Appeals. The highest court in the state is 
 the court of appeals. It is a court of last resort in ques- 
 tions arising under the laws of the state. The judges are 
 ten in number and are chosen by the direct vote of the 
 people of the whole state. Their term is for fourteen years, 
 and their salary is $13,700 per year. One of their number 
 is chosen as chief justice and receives $14,200. No judge 
 of this court can be removed without the action of two 
 thirds of the members of both houses of the legislature. 
 Temporary vacancies are filled by the governor, with the 
 advice and consent of the senate, until the time of the next 
 general election. This court is almost continuously in 
 session in rooms in the capitol building at Albany. Five 
 judges are necessary to constitute a quorum, and the con- 
 currence of four is necessary to a decision. Its jurisdiction 
 is strictly limited to reviewing questions of law, except 
 where the judgment is death. That is to say, this court 
 deals only with cases brought up from the lower courts 
 on appeal, and examines them only with a view to deter- 
 mining whether the law has been properly interpreted. 
 It is only in grave criminal cases that it examines into the 
 facts. 
 
 Special Courts. Besides the regular system of state 
 courts there are certain special courts — the court of 
 impeachment, the court of claims, and the surrogate's 
 court. The court of impeachment differs from all courts of 
 law. Charges of impeachment are brought against the 
 governor, lieutenant governor, judges, etc. by the assembly 
 and tried before the senate, the judges of the court of
 
 JUDICIAL DEPARTMENT 133 
 
 appeals, and the president of the senate, sitting together 
 as a court of impeachment. When the governor or the 
 lieutenant governor is on trial, the president of the senate 
 does not sit with the court, it being presumed that he would 
 be an interested party. A two-thirds vote is necessary 
 for conviction, and the power of the court does not extend 
 further than to remove from office the person convicted, 
 or to disqualify him from holding any office of honor, 
 trust, or profit under this state. The court of claims con- 
 sists of three judges appointed by the governor, with the 
 advice and consent of the senate, for a term of nine years, 
 at a salary of $8000 per year each. One of their number 
 is designated by the governor as presiding judge. Its 
 jurisdiction extends to cases of private claims against the 
 state and of the state against a claimant. A state is a 
 sovereign in strictly state matters ; that is, it is the original, 
 first, or highest authority within its field. It is therefore 
 incompatible with state dignity to be sued by one of its 
 subjects, so to speak. In order, therefore, to get around 
 this question of dignity and permit the subject to do the 
 same thing under a different name, the court of claims is 
 established. The jurisdiction of the surrogate's court is 
 often exercised by the county court. In counties with a 
 population of over 40,000 a special surrogate's court for 
 the trial of cases involving the settlement of wills and 
 estates of deceased persons may be had. This court also 
 appoints guardians for the care of minors (children under 
 twenty-one years of age) and their property. The term 
 and the salary of the surrogate, except in the county 
 of New York, is the same as that of the county judge. 
 A coroner's court is held for the purpose of investigating 
 the causes of suspicious and sudden deaths. The coroner 
 has power to issue a warrant for the arrest of any person
 
 134 ACTUAL GOVERNMENT OF NEW YORK 
 
 charged with the commission of the crime under investi- 
 gation. In the course of his investigation he may sum- 
 mon any persons as witnesses, and examine them as to 
 their knowledge of the case under investigation. A 
 coroner's court, a justice court, and most city courts are 
 not courts of record, while county, surrogate's, supreme, 
 and the court of appeals are courts of record ; that is, the 
 last four courts each have a clerk who keeps a detailed 
 record of what the court does. Courts of record also 
 have an official seal. 
 
 The Duty of the Courts. Courts frequently find it 
 necessary to determine what the law means, and to deter- 
 mine whether a law is constitutional, as well as to decide 
 disputes between individuals. People do not all get the 
 same meaning from reading the same law ; each may insist 
 that he is correct, and the court has to decide. Or a 
 law passed by the legislature may seriously affect busi- 
 ness firms of long standing. Any firm or individual so 
 affected may bring suit to test the constitutionality of the 
 law, when again the courts must decide. If found to be 
 constitutional, then the law stands and must be obeyed ; 
 if not constitutional, then the courts set it aside and the 
 conditions remain the same as they were before the act was 
 passed by the legislature. 
 
 Civil Procedure. Before we can have a lawsuit there 
 must be a disagreement between individuals which they 
 refuse to settle between themselves. Suppose that such 
 a disagreement involves the ownership of property. A 
 suit at law over property is called a civil suit. The party 
 who is aggrieved brings the dispute into court for settle- 
 ment. He is said to be the plaintiff, and to have brought 
 the suit. The person who is opposed to this view is called 
 the defendant. The defendant must know who has made
 
 JUDICIAL DEPARTMENT 135 
 
 a charge against him, what the charge is, and when he 
 must answer the charge. The notice and the answer must 
 be in writing. This notice is called a summons. If the 
 defendant fails to appear in court at the time set for the 
 trial, the plaintiff may prove his case by his witnesses 
 and himself, and the judge will direct the executive officer, 
 sheriff, or constable to execute the order of the court, or 
 judgment, and put the plaintiff in possession of his claim. 
 If, however, the defendant appears and disputes the claim, 
 then the case has to be tried and the facts established by 
 the jury. After hearing the witnesses on both sides, the 
 jury renders a decision called a verdict, and the judge 
 orders the one found to be in the right to be given pos- 
 session of the property, as in the former case. If both 
 parties agree, the case may be tried before the judge 
 without the aid of a jury. 
 
 Criminal Procedure : the Arrest. The burning of a 
 building is a crime which we call arson; the forcible 
 taking of another's goods without his consent, robbery or 
 burglary; the attack upon one's person, assault. If any 
 crime of this or a similar nature has been committed, 
 it is the duty of the peace officer — sheriff, constable, 
 policeman — to try to rind the criminal. The injured 
 party or some one knowing of the crime goes before a 
 judge, justice, or mayor, tells him what has happened, and 
 describes the person if possible. If the magistrate is con- 
 vinced that a crime has been committed, he issues a war- 
 rant for the arrest of the suspected person. This warrant 
 is a written paper describing the person and directing that 
 he be brought before the magistrate. It is given to a 
 peace officer (constable, policeman, or sheriff). To arrest 
 the person the officer may call upon people to aid him, 
 may break into a building, and use violence, even to the
 
 136 ACTUAL GOVERNMENT OF NEW YORK 
 
 death of the person if necessary, but never more than is 
 necessary, for he too must obey the laws. 
 
 Criminal Procedure: the Indictment. After the arrest 
 the person is taken before the magistrate, who informs him 
 of the charge against him and the facts pointing to the 
 truth of the charge. The law assumes all men innocent 
 until proved guilty. With as little delay as possible the 
 prisoner is examined, and either dismissed or held for trial, 
 according to the evidence. Unless the offense is of a serious 
 nature, the prisoner may furnish bail to appear in court 
 when wanted. If the prisoner cannot furnish security, he 
 must go to jail until the hour of his trial has struck. If 
 the charge is for a capital or otherwise infamous crime, 
 the prisoner is not admitted to bail, but must remain in 
 jail to await the action of the grand jury. The grand jury 
 is a body of men selected in different ways in different 
 counties (find out how the grand jury is chosen in your 
 county). The names are put into a box. When the court 
 for the trial of criminals is held, the names of twenty-four 
 men are" drawn out of this box by the county clerk in the 
 presence of the judge and sheriff. The drawing is done at 
 random. The grand jury consists of not less than sixteen 
 nor more than twenty-three men, except in New York 
 County, where the number is thirty-six. It is the business of 
 the grand jury to inquire into the facts of the cases brought 
 before it by the district attorney. Witnesses are sum- 
 moned and evidence produced to support the charges 
 made against the prisoner. The case is presented by the 
 district attorney in writing, and is called a bill of indict- 
 ment. If twelve or more members of the grand jury think 
 the evidence is sufficient to warrant a court trial, the fore- 
 man writes across the back of the indictment the words 
 " A true bill," and the prisoner must stand trial in court.
 
 JUDICIAL DEPARTMENT 137 
 
 If, on the other hand, a majority of the jury think the 
 evidence insufficient, the indictment is returned to the court 
 with the words, " Not a true bill," which ends the case. 
 
 Criminal Procedure: the Trial. Supposing the grand 
 jury has reported a true bill. Then the prisoner appears 
 in the custody of the sheriff in open court and stands 
 trial. If the case is a misdemeanor (a lesser form of 
 crime), the prisoner may not appear in person, but may 
 be present through his attorney ; if the case is a felony 
 (a more serious crime), he must appear in person. The 
 charge is made out as against the people of the state of 
 New York, who are represented in court by the district 
 attorney, who is, in such cases, a state officer, although 
 chosen by the people of the county. The indictment is 
 then read to the prisoner before the judge in open court, 
 and he is asked to answer as to the truth of the charge. 
 If he pleads (answers) guilty, the judge sentences him to 
 punishment as fixed by state law, and the case ends. If 
 he claims to have been at some former trial in a court of 
 law where he has been acquitted or convicted of this same 
 charge (which is not a repetition of the offense), and his 
 statement is found to be true, he is dismissed and the 
 case is ended. If, on the other hand, he pleads not guilty, 
 then a question of fact arises, and the case is tried before 
 a jury. The prisoner has a right to have an attorney 
 and to summon witnesses for his defense. If he is unable 
 to pay these, then the expense must be a public charge. 
 
 A trial, or petit, jury consists of twelve citizens of the 
 United States residing within the county where the crime 
 was committed. They must be property owners, between 
 the ages of twenty-one and seventy years. The process of 
 drawing a trial jury differs in different counties (find out 
 the way it is done in your county). Thirty-six names
 
 138 ACTUAL GOVERNMENT OF NEW YORK 
 
 are supplied, from which twelve are chosen. If twelve 
 persons acceptable to both sides of the case cannot be 
 chosen from the thirty-six names supplied, another thirty- 
 six names are supplied, and so on until an acceptable twelve 
 is obtained. Each thirty-six names constitute a " panel." 
 The district attorney then presents the case and brings 
 witnesses to prove to the jury the guilt of the person 
 charged with the crime. The attorney for the prisoner 
 brings witnesses to prove the contrary. When both sides 
 have finished, the judge makes his charge to the jury, 
 that is, explains the law governing the case. The jury 
 then retires to consider the evidence and arrive at a de- 
 cision. If the twelve jurors cannot agree, the foreman 
 reports no agreement; if they all agree, he reports guilty 
 or not guilty. If guilty, the judge pronounces sentence, 
 the prisoner is turned over to the peace officers and sent 
 to prison or to death ; if not guilty, the judge sets the 
 prisoner free ; if there is a disagreement, then the case is 
 either set for a new trial or dismissed. The prisoner has 
 the right of appeal to a higher court if the jury has ren- 
 dered a verdict of guilty, on the ground that the verdict 
 is not in accordance with the law or that an error has 
 been committed in the first trial. The higher court will 
 then review the proceedings of the lower court, and, if 
 the appeal is sustained, order a new trial ; if no error is 
 found, the appeal is dismissed and the order of the lower 
 court stands. It is the duty of all citizens to be ready to 
 serve as jurors and to the best of their ability further the 
 ends of justice. 
 
 United States Courts: Perjury. New York State is 
 in the second judicial circuit of the United States court 
 of appeals. The state is divided into four districts, — 
 northern, southern, eastern, and western, — in which are
 
 JUDICIAL DEPARTMENT 139 
 
 held regular sessions of the United States district courts 
 (see Chapter XXIV, p. 336). These courts are held in 
 various cities within each district. All witnesses in the 
 various courts are required to make oath or affirmation to 
 tell " the truth, the whole truth, and nothing but the 
 truth." Jurors are required to make oath or affirmation 
 truly and faithfully to perform their duties to the end that 
 justice may be secured. In signing certain legal papers 
 similar formalities are required. Any person violating 
 such oath or affirmation is guilty of the crime of perjury, 
 for which the law provides severe penalties. Jurors 
 receive $3 per day for actual service. 
 
 QUESTIONS ON THE TEXT 
 
 1. Outline the system of state courts. What kind of juris- 
 diction has the court of appeals? the supreme courts? the 
 county court? 
 
 2. Mention three courts in the state having appellate 
 jurisdiction; one having original jurisdiction only. 
 
 3. What is the limit in a civil action of the jurisdiction of a 
 justice court ? of the county court ? 
 
 4. Give the manner of obtaining office, length of term, 
 manner of compensation, and two duties of the county judge. 
 
 5. Mention the terms of the supreme court in this state. 
 Give the number of judicial districts and judicial departments 
 in the state. 
 
 6. Describe the appellate division of the supreme court as 
 to (1) jurisdiction, (2) number, (3) manner of obtaining office, 
 and (4) length of term of members. 
 
 7. Describe the highest court of this state as to (1) number 
 of members, (2) conditions of eligibility, (3) length of term, 
 (4) jurisdiction.
 
 140 ACTUAL GOVERNMENT OF NEW YORK 
 
 8. Compare the judges of the court of appeals with those 
 of the United States Supreme Court with reference to (i) num- 
 ber, (2) manner of obtaining office, (3) length of term. 
 
 9. Give in substance the provision of the constitution in 
 reference to the removal of judges. 
 
 10. In what court of this state would a murderer be tried? 
 To what other court might he appeal ? 
 
 11. Write on the court of claims. Is it a law court ? 
 
 12. State the manner of obtaining office, the length of term, 
 and the chief duty of a judge of the court of claims. 
 
 13. Mention two duties of the surrogate. 
 
 14. Distinguish between the duties of a grand jury and 
 those of a petit jury. Describe the process of selecting these 
 jurors and of their finding an indictment. 
 
 15. Give an outline of the method of legal procedure in 
 ordinary civil cases. 
 
 16. Give an outline of the method of procedure in criminal 
 cases.
 
 CHAPTER XIII 
 
 STATE EDUCATION DEPARTMENT 
 
 Historical Sketch. From its earliest history the state has 
 been interested in the education of its citizens, first as a 
 Dutch colony, then as an English colony, and finally as a state. 
 The first legislature that met under the constitution, 1784, 
 received a message from the first constitutional governor, 
 George Clinton, urging the immediate encouragement of the 
 schools. Since that date almost every legislature has had 
 under consideration some important educational question or 
 appropriation. The first step taken by the legislature toward 
 the creation of an educational system for the state was the 
 incorporation of the state board of regents in 1784. Three 
 years later, at the request of the regents, the legislature 
 revised the school law to extend the control of the regents 
 to include all the instrumentalities for higher education in 
 the state ; and in 1795, through the persuasion of the board, 
 the state made a liberal appropriation for the purpose of 
 establishing a system of common schools. The people were, 
 however, unwilling to intrust the management of these com- 
 mon schools to the board of regents; and in 1854, after a 
 long period of struggle over their management, during which 
 nothing very effective was done toward organizing the system, 
 it was decided that the elementary schools should be admin- 
 istered independently, and the department of public instruc- . 
 tion was created. Thus it came about that the educational 
 system of the state was, until 1904, administered by two 
 separate and quite independent bodies : one the board of 
 regents of the University of the State of New York, whose 
 
 141
 
 142 ACTUAL GOVERNMENT OF NEW YORK 
 
 function was to " encourage and promote education in advance 
 of the common elementary branches " ; the other the depart- 
 ment of public instruction, exercising control over the whole 
 elementary-school system. 
 
 Board of Regents. The University of the State of New 
 York to-day is a vastly different institution from that contem- 
 plated by the legislature granting its charter in 1784. The 
 legislature had in mind an ordinary university ; we now find it a 
 federation of higher institutions, libraries, museums, and tech- 
 nical and professional schools, exercising its authority through 
 the commissioner of education over the secondary and ele- 
 mentary schools as well. The educational interests are thus 
 under the general supervision of the twelve regents, elected 
 on joint ballot by the legislature, since the regents choose 
 the commissioner of education. The regents have power to 
 incorporate, alter, or revoke the charters of universities, col- 
 leges, high schools, and academies ; to distribute to them state 
 funds to which they are entitled ; to inspect their workings 
 and require annual reports ; to establish examinations and 
 confer certificates and degrees ; to choose a commissioner of 
 education ; to supervise the state library and museum ; and to 
 establish extension courses, approve the appointments of the 
 commissioner of education, and make rules and regulations 
 necessary for carrying out the laws of the state. 
 
 State Commissioner of Education. Under the unification 
 law of 1904 the board of regents elects a commissioner of 
 education to serve during the pleasure of the board, at a 
 salary of $12,000 per year, with no allowance for expenses. 
 The education department of the state government is under 
 his immediate direction. The commissioner appoints a deputy 
 commissioner at a salary of $6000 per year, two assistant 
 commissioners at a salary of $5000 each, and a large number 
 of chiefs of divisions and other assistants. The department
 
 New York State Education Building, Albany (above) and 
 a Public School (below) 
 
 The State Education Building is devoted to the administration of the educa- 
 tional affairs. The lower picture shows one of the fine public schools to be 
 found in nearly every city of the country 
 
 143
 
 144 ACTUAL GOVERNMENT OE NEW YORK 
 
 is divided into eleven divisions as follows : administration, 
 agriculture, archives, attendance, extension, examinations and 
 inspection, law, library school, school buildings, school libra- 
 ries, and visual instruction. Each assistant commissioner is 
 at the head of a series of schools, as follows : colleges and pro- 
 fessional and technical schools are under the first assistant ; 
 high schools and academies, under the second assistant ; 
 elementary, rural, and normal schools, under the deputy 
 commissioner. The commissioner apportions the public- 
 school moneys of the state and has power to remove any 
 school officer or to revoke any teacher's license for cause. 
 It is his duty to interpret the school law and decide cases 
 brought up to him on appeal from the decision of lower 
 school officials or brought directly to him. 
 
 Supervisory District. Each county of the state, except 
 those within the boundaries of New York City, is divided 
 into supervisory districts, varying from one to eight. In 
 these districts cities and villages having 5000 or more in- 
 habitants are not included. In such cities and villages the 
 requirement of the state constitution for the provision of 
 free public schools is met by the terms of their charters. 
 These villages and cities each constitute a school district 
 having a board of education in charge of the schools. The 
 board of supervisors in each county is charged with the 
 responsibility of dividing the county into supervisory districts. 
 In so doing they must not divide a town, and the territory 
 of the district must be compact and contiguous. 
 
 District Superintendent. The district superintendent is 
 chosen by the school directors of his district, two from each 
 town, for a term of five years, at a salary of $1500 per year, 
 with $300 per year for expenses, both sums being paid by the 
 state. This amount may be increased, with the consent of 
 the supervisors of the towns of the district, by levying a tax
 
 STATE EDUCATION DEPARTMENT 145 
 
 upon the towns of the district. The district superintendent's 
 term is for five years, and he may be removed by the state 
 commissioner of education. Any citizen of the United States, 
 twenty-one years of age, a resident of the state, may be chosen 
 district superintendent without respect to sex. To qualify 
 educationally, the candidate shall hold a certificate to teach in 
 any of the public schools of the state without further examina- 
 tion, and also shall pass an examination in the supervision 
 and teaching of agriculture. He need not be a resident of 
 the district at the time of election, but he must become one 
 after being chosen. If removed from office, a person be- 
 comes ineligible for reelection for a term of five years. The 
 district superintendent is the superintendent of all the rural 
 schools, and of schools in villages of less than 5000 inhab- 
 itants, of his district. He has power to fill vacancies in the 
 office of school trustee unless filled as provided by law within 
 thirty days, to form new districts, and to change the boundaries 
 of old ones. Under the direction of the state commissioner 
 of education he may examine and license teachers. He has 
 power to condemn schoolhouses and order the residents of 
 a district to build new ones. Appeals from his decisions 
 are taken to the state commissioner of education. 1 
 
 Compulsory Attendance. Not only has the state provided 
 free schools for all its children, but it has made attendance 
 compulsory. In this matter the state dictates to the parent 
 and protects the rights of the child. Children between the 
 
 1 A state-wide pension for public-school teachers is provided by law. 
 To this fund teachers are required to pay one per cent of their salaries. 
 The community also is required to pay into this fund an equal sum. A 
 teacher who has taught in public schools twenty-five years, fifteen of which 
 have been in this state, may retire and receive an annuity equal to one half 
 of his average salary for the last five years, provided said one half does 
 not exceed $600 and he is physically or mentally unable to teach. The 
 law is administered by a board of five members appointed by the commis- 
 sioner of education and paid by the state.
 
 146 ACTUAL GOVERNMENT OF NEW YORK - 
 
 ages of seven and fourteen years who are mentally and physi- 
 cally capable of attending school must attend school all of the 
 time that school is in session or receive equivalent instruction 
 elsewhere. Children from fourteen to fifteen years old who 
 have completed the eight years of school may secure a per- 
 mit to work if they have attended school at least one hundred 
 and thirty days since their fourteenth birthday ; those from 
 fifteen to sixteen years old are required to complete only the 
 first six years of school. If not legally employed, children 
 must be in school until sixteen years old. Permits are granted 
 by the health officers upon the signed statement from the 
 schools showing that the applicant has met the provisions of 
 the law in all particulars. The state furnishes printed forms 
 free for use in certifying school records. Attendance officers 
 are appointed to enforce the provisions of the law. It is 
 illegal to employ any child without such permit, and parents 
 and employers are subject to prosecution and fine for evading 
 the law. Attendance officers may arrest a truant pupil without 
 a warrant. It is the business of the secretary of the school 
 census bureau maintained in each city of the state to know 
 that every child, parent, and employer complies with the law. 
 Compulsory Physical Training. All children above the 
 age of eight years in all the elementary and secondary schools 
 of the state, both public and private, must receive physical 
 training at least twenty minutes each school day. The board 
 of regents determines the course of study and the qualifica- 
 tions of teachers. The military commission may recommend 
 methods adapted to the development of correct physical pos- 
 ture and bearing, mental and physical alertness, self-control, 
 disciplined initiative, sense of duty, and spirit of cooperation 
 under leadership, but the board of regents is not bound to 
 accept such recommendations. For each teacher of physical 
 training employed, the state will pay one half of the salary
 
 STATE EDUCATION DEPARTMENT 147 
 
 up to six hundred dollars. The law applies to country and 
 village schools as well as to city schools. 
 
 Compulsory Military Training. Military training is com- 
 pulsory for all boys above the age of sixteen and not over 
 nineteen years. No boy subject to military training who 
 fails to enroll may attend school or secure legal employment. 
 This law applies to all public and private secondary schools 
 and colleges. The time devoted to military training is not to 
 exceed three hours per week, and this time is in addition 
 to prescribed periods of instruction in both secondary schools 
 and colleges. This work is under the direction of the state 
 military training commission. Instructors may be selected 
 from competent teachers of physical training in schools or 
 colleges if satisfactory to the military-training commission, or 
 may be appointed from the national guard or the naval militia. 
 For this work additional compensation is granted. Without 
 the consent of the board of education school buildings and 
 grounds cannot be used for purposes of military training ex- 
 cepting in so far as the board of regents incorporate military 
 training as a part of the state course of physical training. 
 
 Other State Educational Activities. To encourage boards 
 of education to establish courses in vocational and agricul- 
 tural instruction, the state pays a large share of the salaries 
 of teachers employed in this work both in day schools and 
 in evening schools. Where there are ten or more mental 
 or physical defectives residing within a district, boards of 
 education must organize special classes and provide instruc- 
 tion adapted to their needs. The state encourages health 
 education by authorizing boards of education to organize and 
 conduct open-air schools for anaemic children, to establish 
 and maintain dental clinics, and to employ school nurses and 
 medical inspectors. The state is constantly studying ways of 
 adding to the physical and mental well-being of its children.
 
 148 ACTUAL GOVERNMENT OF NEW YORK 
 
 Qualification and Training of Teachers. Schools receiving 
 state aid must meet the state requirements in the qualifi- 
 cation of their teachers. It is illegal to pay state money 
 or money raised by local taxation for the support of rural or 
 public schools to an unlicensed teacher, and trustees and 
 boards of education authorizing such expenditure are person- 
 ally liable and may be made to reimburse their communities. 
 There are several different kinds of teachers' licenses. For 
 the preparation of teachers the state provides a normal col- 
 lege at Albany and ten normal schools located as follows : 
 Plattsburg, Potsdam, New Paltz, Oswego, Oneonta, Cortland, 
 Brockport, Buffalo, Geneseo, and Fredonia, and is to build the 
 eleventh in Westchester county. It also provides training 
 schools and training classes in high schools and recognizes 
 the work done in college for the training of teachers. 
 
 State Aid to Schools. In addition to the money raised 
 by local taxation for the support of the public schools, the 
 state makes large appropriations from the general state funds. 
 The legislature of 191 5 made the following appropriations: 
 for common schools, $5,600,000 ; for cities, academic depart- 
 ments, academies, and libraries, $603,500; for normal schools, 
 $672,000; for training classes and schools, $100,000; for 
 salaries of district superintendents, $248,400 ; and for Indian 
 education, $14,000. The commissioner of education appor- 
 tions the first two items given above as follows : to cities 
 and villages having a population of at least 5000 and main- 
 taining a superintendent of schools, $800 ; a district quota 
 varying from $125 to $200, and a teacher's quota of $100 for 
 each teacher employed in any school district, village, or city, 
 not counting the first teacher ; $700 to each city or village 
 maintaining a training class ; and special quotas for teachers 
 of vocational and agricultural studies. The state also pays 
 sums toward library books and apparatus equal in amount to
 
 STATE EDUCATION DEPARTMENT 149 
 
 sums raised by the locality up to a certain limit, and in other 
 ways appropriates money to be used for local school purposes. 
 
 State Scholarships. In 191 2 the state passed a law estab- 
 lishing five scholarships valued at $400 each for each of the 
 one hundred and fifty assembly districts of the state. These 
 scholarships are awarded by the state commissioner of educa- 
 tion to the five pupils residing within each assembly district 
 who have earned a regents college-entrance diploma and 
 whose standings in the regents examinations are the highest 
 in their district. The holder of one of these scholarships 
 may attend any college within the state and receive $100 per 
 year for each of the four years he attends college. In addi- 
 tion to the 3000 pupils who thus receive direct aid from the 
 state toward their college education, 600 pupils receive free 
 tuition at Cornell University under the United States land 
 grant act. Pupils attending the State College of Forestry 
 at Syracuse University and the State College of Agricul- 
 ture and State Veterinary College at Cornell University, all 
 receive free tuition. Tuition is free to pupils residing in 
 this state in the state normal college at Albany and in the 
 normal schools, all of which are supported by the state. 
 
 Distribution of State Aid. Payment from the state school 
 fund is made to the county treasurer of each county, for all 
 the schools located in the county, by the state treasurer on the 
 warrant of the comptroller or the certificate of the commis- 
 sioner of education. The county treasurer turns over to the 
 supervisors of the towns the sum of money to which the 
 schools of each town are entitled. In cities and villages 
 having a population of at least 5000 the county clerk turns 
 the money over to the chamberlain or treasurer of the city 
 or village, unless there is a separate treasurer of the board of 
 education provided in the local charter, and in that case it 
 is placed in his care.
 
 150 ACTUAL GOVERNMENT OF NEW YORK 
 
 School Trust Funds. In addition to the money raised by 
 local taxation, voted at school meetings, and apportioned by 
 city boards, the state has certain trust funds which it manages 
 in the interests of the schools. The proceeds from these 
 funds are also in excess of the moneys voted by the legisla- 
 ture out of the general state funds. These trust funds are 
 known as (i) the common-school fund, (2) the United States 
 deposit fund, (3) moneys arising from the sale or rental 
 of the gospel and school lands, and (4) the literature fund. 
 The common-school fund is the result of the sale by the 
 state of public lands ; the United States deposit fund is the 
 state's share of a $30,000,000 surplus which had accumulated 
 in the United States Treasury and which was distributed to 
 the states on the basis of population in 1832, to be kept by the 
 states until called for by the federal government ; the gospel 
 and school-lands fund resulted from an action of the state 
 in setting aside in each township one lot for the support 
 of the gospel and one for the support of the schools of the 
 town ; the literature fund resulted from the sale by the state 
 of the unappropriated public lands. 
 
 The Town School District. For a full discussion of the work 
 of a common-school district, its officers, powers, duties, etc., 
 see Chapter II. 
 
 QUESTIONS ON THE TEXT 
 
 1. Describe the educational system of New York State. 
 
 2. State the mode of appointment, the length of term, and 
 the principal duties of the commissioner of education. 
 
 3 . What are the chief provisions of the compulsory-education law ? 
 
 4. Give the length of term, the salary, and the principal duties 
 of a district superintendent of schools. 
 
 5. Should school buildings be used for lectures, musicales, dra- 
 matics, and other entertainments for local charities, and meetings for 
 civic betterment ?
 
 CHAPTER XIV 
 STATE INSTITUTIONS 
 
 State Agricultural Schools. There are four agricultural 
 schools maintained by the state for the purpose of agri- 
 cultural experimentation, giving free instruction in agri- 
 culture, industrial arts, and household arts, preparing 
 pupils for the more advanced courses in the state 
 college of agriculture, and conducting short winter 
 courses. The courses of instruction differ somewhat in 
 the different schools. The four schools are under the 
 direction of separate boards of trustees of seven or nine 
 members, while the state commissioner of agriculture and 
 the director of the state college of agriculture are ex 
 officio members of each. These schools are located at 
 Morrisville in Madison County, at Cobleskill in Schoharie 
 County, at Delhi in Delaware County, and on Long 
 Island in Nassau County. 
 
 State College of Agriculture. The State College of Agri- 
 culture is located at Ithaca and forms one of the large 
 group of buildings of Cornell University. Besides the 
 regular courses, the college conducts a short course of a 
 few weeks during the winter months for the special benefit 
 of those men and women who are unable to attend the reg- 
 ular session. A most thorough extension course is main- 
 tained by the college ; experiments are performed and 
 exhibits made in different parts of the state at farmers' 
 institutes, agricultural fairs, etc. The college has for its 
 
 151
 
 152 ACTUAL GOVERNMENT OF NEW YORK 
 
 use an extensive farm, which deals with practically every 
 department of agriculture and animal industry. Instruction 
 in this college is free to all students of this state. A two- 
 years course in agriculture is also maintained by the state 
 at St. Lawrence University at Canton, and at Alfred Uni- 
 versity at Alfred. It also maintains an experiment station 
 and farm at Geneva. The State College of Forestry is 
 located at Syracuse University. The college conducts upon 
 land belonging to the state such experiments in forestry as 
 are helpful to the state. It plants, raises, cuts, and sells 
 trees and timber in order to obtain scientific knowledge 
 of the management and care of forests and the production 
 of wood crops. 
 
 State Veterinary College. The state maintains at Ithaca 
 a veterinary college. It is one of the group of fine build- 
 ings which the state has erected at Cornell University. 
 The course of instruction is given in cooperation with the 
 university. Tuition in this college is free to students 
 resident of this state. The diseases of domestic animals 
 are here studied and taught in the same manner as are 
 the diseases of man in a medical college. The trained 
 faculty in charge render great service to the state in in- 
 vestigating animal diseases, in diagnosing the infectious 
 and other diseases, in prescribing methods for their preven- 
 tion, and in many other ways rendering assistance. 
 
 Normal Schools. For the preparation of teachers the 
 state supports ten normal schools of equal rank (p. 146). 
 Graduation from a normal school entitles one to a life cer- 
 tificate to teach in the public schools of the state. A high- 
 school diploma representing a four-years course approved 
 by the state commissioner of education is required for 
 entrance. The state also maintains a normal college at 
 Albany for the purpose of giving further preparation to
 
 STATE INSTITUTIONS 153 
 
 those who wish to take up the more advanced forms of 
 teaching. Tuition is free in normal schools and in the 
 normal college. Those desiring to enter any of these schools 
 obtain an application blank from the principal. 
 
 Schools for the Blind, Deaf, and Dumb. The state 
 maintains various other schools in whole or in part. A 
 most excellent school for the blind is maintained at Batavia, 
 and children are here taught academic, manual, and art 
 courses much the same as in a regular day school. The 
 state also contributes to the support of the New York In- 
 stitution for the Blind, the Institute for the Deaf and Dumb 
 in New York City, the Le Couteulx Saint Mary's Institu- 
 tion for the Improved Instruction of Deaf-mutes at Buffalo, 
 the Central New York Institution for the Improved Instruc- 
 tion of Deaf-mutes at Rome, the Northern New York 
 Institution for Deaf-mutes at Malone, Saint Joseph's In- 
 stitution for Deaf-mutes at West Chester, the Albany 
 Home for the Deaf, and the Western New York Institution 
 at Rochester. Thus it will be seen that the state supple- 
 ments the work of the philanthropist in providing for and 
 supervising the education of its unfortunate but other- 
 wise capable children. 
 
 Hospitals for the Insane. In addition to the work of 
 philanthropy outlined in the above paragraph, the state 
 maintains thirteen hospitals for the insane, located as fol- 
 lows : Utica, Willard, Hudson, Middletown, Buffalo, Bing- 
 hamton, St. Lawrence, Rochester, Gowanda, Kings Park, 
 Long Island, Manhattan, and Central Islip. These hos- 
 pitals are in charge of local boards of managers appointed 
 by the governor and confirmed by the senate. These 
 boards have general direction and control of the property 
 and make rules outlining the duties of officers and em- 
 ployees, and a majority of each board is required to visit
 
 154 ACTUAL GOVERNMENT OF NEW YORK 
 
 its hospital at least once each month for the purpose of 
 making a thorough inspection. The commission in lunacy, 
 with the approval of the board of managers, appoints for 
 each hospital a superintendent, who must be a " well- 
 educated physician, a graduate of an incorporated medi- 
 cal college, and who shall have had not less than five 
 years' actual experience in an institution for the care of 
 the insane." Persons believed to be insane are arrested 
 and examined before a judge by a local commission ; if 
 found insane they are sentenced by the judge to a hospital. 
 
 State Charities. The state further provides for its less 
 fortunate citizens by maintaining an asylum for feeble- 
 minded women at Newark, one for feeble-minded chil- 
 dren at Syracuse, a custodial asylum for idiots at Rome, 
 the Craig colony for epileptics at Sonyea, a hospital for 
 crippled and deformed children at West Haverstraw, and a 
 hospital for cases of incipient pulmonary tuberculosis at 
 Ray Brook. These institutions are in charge of boards of 
 managers appointed by the governor, usually with the 
 consent of the senate. These boards are responsible to the 
 state board of charities. The state constitution, Article 
 VIII, § n, p. xli, provides that the state board of charities 
 shall visit and inspect all institutions within the state, 
 which are of a charitable, eleemosynary, correctional, or 
 reformatory character. Commitments to these institutions 
 are made in accordance with state law. 
 
 State Reformatories. One of the great problems of 
 the state is to deal justly with those who violate its laws. 
 Frequently first offenders, while their offense is serious, will 
 never repeat the crime or commit any other. To deal with 
 such persons (many of whom are comparatively young in 
 years) as with hardened offenders, or to put them into the 
 same prisons with seasoned criminals, would be a manifest
 
 STATE INSTITUTIONS 155 
 
 injustice to the state as well as to the individual. The 
 object of criminal law and punishment is the correction 
 of the fault in the offender — that is to say, the reformation 
 of the criminal. If the criminal is reformed, the state is 
 protected and life and property become permanently secure. 
 If the offender is not reformed, the state is protected just 
 so long as the offender is locked up, and when he is again 
 given his freedom he returns to prey upon life and prop- 
 erty. With some such ideal as this, the state has estab- 
 lished reformatories at Elmira and Napanoch for men, 
 and at Bedford and Albion for women, an agricultural and 
 industrial school for boys at Industry, and one for girls 
 at Hudson. These institutions are governed by boards 
 of managers appointed by the governor, usually with the 
 consent of the senate. The executive officer in charge of 
 each institution, who is called a superintendent, is assisted 
 by a corps of helpers, teachers, etc. In these reformatories 
 schools are maintained and trades are taught, while some 
 have farms connected with them. 
 
 State Prisons. In the treatment of our criminal class 
 real progress has been made. The cruel and inhuman 
 treatment which not infrequently resulted in the death 
 of these " wards of the state " has in the main passed 
 into history. So too has passed the striped prison garb, 
 the shaving of one side of the head and face only, and 
 similar badges of degradation. More and more will be 
 taught to these people, to many for the first time, the 
 lesson that the world owes no one anything but a chance 
 to earn an honest living, to do a day's work, and enjoy 
 the full fruits of one's labor. More and more will they 
 be taught the lesson of economy as a part of prison life, 
 earning there by honest actual labor a wage which has a 
 market value, receiving their full pay for such, and with
 
 156 ACTUAL GOVERNMENT OF NEW YORK 
 
 it paying for their clothing, food, and shelter, the bal- 
 ance to be placed to their account and turned over to 
 them with savings-bank interest when their terms have 
 expired, and all to be done while attending excellent 
 schools, learning a trade or the elements of a profession. 
 Profitable employment under agreeable and healthful con- 
 ditions and surroundings will do more to reduce the 
 criminal class than all else besides. To accomplish this 
 reformation in the criminal and therefore afford permanent 
 protection to life and property in lieu of the present plan 
 of temporary protection, our criminal classes must be 
 placed in the keeping of highly educated humanitarians, 
 men and women who have made penology a careful study, 
 and who are neither tyrants nor sentimentalists. However, 
 while this day is sure to come in the evolution of society, 
 it has not yet arrived, and while many steps in the right 
 direction have been taken, there is yet a long road to travel. 
 At present we have state prisons at Dannemora and Mattea- 
 wan for the criminal insane, and regular prisons at Sing 
 Sing, Auburn, and Clinton. Each prison is in charge of a 
 warden, and there is a resident physician and clergyman. 
 The state superintendent of prisons is appointed by the 
 governor, as is also the state prison commission of seven 
 members. The state maintains a probation commission 
 and a board of parole. 
 
 Other State Activities. By no means has the list of the 
 state institutions and activities been exhausted. A few 
 of the remaining are here mentioned : cancer laboratory 
 at Buffalo for the study of this disease ; Indian school at 
 Iroquois ; soldiers and sailors home at Bath ; Watkins 
 Glen, Niagara Reservation at Niagara Falls, and Fire 
 Island state park for pleasure seekers ; national guard 
 (militia) ; Onondaga salt springs at Syracuse ; Indian
 
 STATE INSTITUTIONS 157 
 
 reservations at Allegany, Cattaraugus, Tonawanda, Tus- 
 carora, and for the tribe of Onondaga, the tribe of the 
 St. Regis Indians, and the Seneca nation ; state board 
 of pharmacy, board of embalming examiners, water- 
 supply commission, department of weights and measures, 
 state printer, canal board, and numerous other boards and 
 commissions. 
 
 The state also maintains a nautical school which gives 
 practical instruction in navigation and seamanship, steam 
 and electrical engineering, a part of which is given on the 
 ship Newport. 
 
 QUESTIONS ON THE TEXT 
 
 1. Upon what grounds is the state justified in educating 
 teachers for the public schools at state expense through normal 
 schools ? 
 
 2. What is the object of the state in maintaining an agricultu- 
 ral and a veterinary college? Is this justifiable? 
 
 3. What is the object of sending people to prison? Is the 
 object the same in sending people to reformatories? 
 
 4. Give reasons why an unreformed criminal should not be 
 given his liberty. Is this an argument against a definite term 
 sentence ? 
 
 5. Why should the state care for the criminal insane in 
 separate institutions for the insane? Is one reason humani- 
 tarian ? 
 
 6. Is the state justified in educating the blind and other 
 deficients? If so, on what grounds? 
 
 7. The federal government pensions all soldiers and sailors 
 who served in the Civil War, who were honorably discharged. 
 Why should the state establish a home at Bath for our soldiers 
 and sailors of the Civil War? Discuss fully.
 
 158 ACTUAL GOVERNMENT OF NEW YORK 
 
 TOPICS FOR DISCUSSION 
 
 Resolved: That a farm of at least 500 acres and a school of 
 agriculture and mechanic arts shall form a part of the equip- 
 ment of all state prisons and reformatories, in which the prisoners 
 may receive instruction and perform all manual labor connected 
 therewith. 
 
 Resolved: That the state will be better served by a biennial 
 session of the legislature limited to ninety days. 
 
 Resolved: That a tax of not less than one per cent upon the 
 gross earnings of corporations operating within the state should 
 be paid into the state treasury for the support of the state 
 government. 
 
 Resolved : That a graduated inheritance tax should be placed 
 upon all estates above $100,000 as follows : from $100,000 to 
 $500,000, five per cent; from $500,000 to $1,000,000, ten per 
 cent ; from $1,000,000 to $2,000,000, twenty per cent, and fifty 
 per cent for all estates exceeding $2,000,000; the funds thus 
 obtained to be used equally in defraying the expenses of the 
 state government, the improvement of prison facilities, good 
 roads, public schools, and colleges.
 
 CHAPTER XV 
 SUFFRAGE: HOW AND WHEN EXERCISED 
 
 Citizenship. Citizenship in a state depends upon citizen- 
 ship in the United States. All persons born or naturalized 
 in the United States, and subject to the jurisdiction thereof, 
 are citizens of the United States and of the state wherein 
 they reside, as provided by the Fourteenth Amendment to 
 the federal constitution. Any foreigner, twenty-one years 
 of age, a male, may become a naturalized citizen of the 
 United States, (i) by living five years in the United States 
 continuously, one of which years must be lived in the state 
 where naturalization is sought ; (2) by making oath before 
 a court of record (a court having a clerk and seal) , at least 
 two years before being admitted to citizenship, that it is 
 his intention to become a citizen and to renounce forever his 
 allegiance to any foreign state or ruler and all titles or 
 orders of nobility which he may possess ; (3) by making a 
 formal petition in due form ; and (4) by making oath to 
 support the constitution of the United States. In addi- 
 tion to all this the judge granting the certificate of citizen- 
 ship must be convinced by at least two witnesses that the 
 applicant is desirable and a believer in the principle of 
 government as outlined in the federal constitution. 
 
 Suffrage a Privilege. The right to vote is not personal, 
 belonging to every citizen. The right to vote is purely 
 political, wholly within the power of the state to extend or 
 withhold from any class of citizens. The United States 
 
 159
 
 160 ACTUAL GOVERNMENT OF NEW YORK 
 
 constitution establishes a uniform standard for citizenship, 
 but each state regulates the matter of voting, and therefore 
 we have as great variety of requirements for voting as the 
 several states exhibit in other matters of legislation. If 
 it is true that " every fault of popular government has 
 its origin in the fault of the voter," then it is only by the 
 expression of right character through the ballot from the 
 primary to the last vote for president that " liberty, whose 
 unvarying price is eternal vigilance," can be maintained. 
 In early colonial days in New England the right to vote 
 was extended to church members only ; later the right 
 was extended to all property owners ; and still later, to 
 all white male citizens over twenty-one years of age. 
 Several states have extended to women the right to vote 
 on equal terms with men. The safeguarding of the ballot 
 is historic and right. In the hands of the vicious and 
 ignorant it is a weapon for the destruction of human 
 liberty ; in the hands of the thoughtful and patriotic, it is 
 the cure-all for most of the ills to which government is 
 heir. Each year it becomes more of an honor to be an 
 American citizen, and each year we should do our part 
 toward making our inheritance better. 
 
 Who may Vote. Any man or woman at least twenty-one 
 years of age, unconvicted of bribery or other infamous crime, 
 who has been a citizen of the United States for ninety 
 days, a resident of the state for one year, of the county 
 for four months, and of the election district for thirty days 
 next preceding an election, may vote for any elective officer. 
 A duly qualified voter may vote for all officers directly 
 chosen by the people — national, state, county, town, city. 
 If for any reason, such as a change of residence, he loses 
 his right to vote for any, he does for all. Students, sol- 
 diers, sailors, travelers, etc. do not lose their right to vote
 
 SUFFRAGE: HOW AND WHEN EXERCISED 161 
 
 because of their occupation, and may return to their homes 
 just before any election and vote. 
 
 Party Government Recognized. A political party is a 
 group of persons who hold the same general opinions upon 
 public questions and matters of administration generally. 
 Hence organization for the purpose of putting those beliefs 
 into practice. We shall always have political parties. 
 The state recognizes and to a considerable extent regulates 
 them. The state law provides that every political organ- 
 ization casting a certain number of votes for governor (at 
 present 10,000) shall be known as a political party. The 
 state also provides x that the enrollment of party voters shall 
 take place under the direction of the public inspectors of 
 election, at the times and places provided for the registra- 
 tion of voters for the public elections. Party primaries, to 
 insure fairness, are also conducted under the direction of 
 the same public inspectors. In order to prevent fraud at 
 elections, all qualified voters residing in cities and villages 
 of 5000 or more inhabitants are required to appear in 
 person and register, that is, give their names and addresses 
 in full. These are written down in a book, each party 
 keeping a correct copy. In rural districts registry lists 
 are made out without requiring each voter to appear in 
 person. For town and village elections no registration is 
 required, unless these elections fall at the time of the gen- 
 eral elections. Party workers see to it that their members 
 attend to registration. 
 
 Elective Officers and Election Districts. For election 
 purposes the state is divided into about 4600 primary dis- 
 tricts. Sometimes these districts are created solely for 
 election purposes; sometimes divisions already existing for 
 other purposes are used also as election districts. Certain 
 
 1 See latest edition of the Election Laws for New York State.
 
 1 62 ACTUAL GOVERNMENT OF NEW YORK 
 
 officers are elected by the people of the whole state, so that 
 for this election the whole state may be said to form a 
 single election district. Officers thus chosen are the gov- 
 ernor, lieutenant governor, comptroller, attorney-general, 
 secretary of state, treasurer, state engineer and surveyor, 
 and judges of the court of appeals. The largest election 
 districts within the state are the judicial districts, nine in 
 number, for the election of supreme-court justices (see map, 
 p. 105). In addition to these there are forty-three congres- 
 sional districts for the election of members of Congress (see 
 map, p. 105), fifty-one senatorial districts for the election 
 of state senators (see map, p. 87), one hundred and fifty 
 assembly districts for the election of assemblymen (see map, 
 p. 87), two hundred seven supervisory districts for schools, 
 and about 10,592 common-school districts. There are also 
 sixty-two counties in the state, which form election districts 
 for the election of county officers, and which are subdivided 
 into towns, or into towns, villages, and cities, each with its 
 own officers to elect. Not all of these officers are voted 
 for at any single election. 
 
 Time of Elections. Congress has fixed by federal law 
 that the time for choosing members of Congress in all 
 states shall be the first Tuesday after the first Monday in 
 November of the even-numbered years (see Chapter XIX, 
 p. 210), and this date has been adopted by the state for 
 the general state election held annually. At this election 
 are chosen, whenever necessary to fill offices about to 
 become vacant, state and county officers, state senators 
 and asse*mblymen, judges of the supreme court and of 
 the court of appeals, members of Congress, and presi- 
 dential electors. Town, city, and village elections are held 
 separately. Town officers are chosen at town meetings 
 (pp. 17-25), which are required by law to be held the first
 
 SUFFRAGE: HOW AND WHEN EXERCISED 163 
 
 Tuesday in February, unless the board of supervisors shall 
 change the time. 1 Cities of the first and second classes 
 are required to hold their election in the odd-numbered 
 years, at the time of the general election in November, 
 the object being to separate municipal from state and 
 national elections. Cities of the third class and villages 
 usually elect their officers at a separate election in the 
 spring, although some cities of the third class have se- 
 cured special legislation permitting them to hold their 
 charter elections in November. 
 
 Election Expenses. A party's campaign fund is derived 
 from voluntary contributions, which ought to be made only 
 for patriotic reasons. Candidates and parties may incur 
 legitimate expenses — for example, traveling, telephone, tele- 
 graph, and messenger service, the distribution of circulars, 
 the holding of public meetings. Large sums have been 
 corruptly raised and corruptly spent in determining elec- 
 tions. To check this evil the law now applies the remedy 
 of publicity by requiring that all candidates, except 
 for town and village offices, shall make statements of 
 their election expenses ; and that the treasurer of each 
 political committee shall likewise make a statement of 
 campaign receipts and expenditures. These statements 
 are filed with the secretary of state and are open to 
 public inspection. Publicity tends to correct evils of this 
 nature. 
 
 The Convention Plan of Choosing Candidates. The 
 convention system of choosing candidates for political 
 office was discontinued by the passage of the primary 
 election law of 1911. Until then the voters in each 
 political party met in a caucus in each election district 
 and selected certain of their number to represent the 
 
 1 See Revised Statutes, p. 4089. This date has been changed (see p. 17).
 
 1 64 ACTUAL GOVERNMENT OF NEW YORK 
 
 district in a convention of their party, where candidates to 
 be voted for at the November election were chosen. For 
 each political party there was a series of these conven- 
 tions, — county, assembly, state senate, judicial, con- 
 gressional, and the whole state, — each charged with 
 the responsibility of selecting the party's candidates for 
 the district concerned. It was thought that this plan 
 would result in a choice of stronger men than would be 
 the case if the choice were left to the less deliberative mass 
 of voters, and that this plan placed responsibility for 
 party success or failure, and for defining the real issues 
 of the campaign. The disadvantages of the convention 
 plan were that a small body of men could be more easily 
 influenced by corrupt agencies ; that the individual voter 
 should not be relieved of his responsibility in the choice of 
 candidates ; and that no person should, as frequently 
 happened under the plan, be denied the privilege of 
 becoming a candidate within his party for any office for 
 which he considered himself fit. 
 
 The Primary Plan of Choosing Candidates. All can- 
 didates for office are nominated in the primary election 
 (except independent nominations by petition). To se- 
 cure one's name on the primary ballot it is first necessary 
 to secure a blank form from the commissioners of election 
 and obtain the required number of signatures of voters of 
 the party. This done, the name is placed upon the pri- 
 mary ballot, together with the names of all other candidates 
 for the same office in the same party. 1 There is but one 
 primary election, in which all parties participate. To dis- 
 tinguish the different parties in this primary a different- 
 colored ballot is used for each, the color being designated 
 by the secretary of state. From the list of candidates the 
 
 1 For sample primary ballot, see p. 169.
 
 SUFFRAGE: HOW AND WHEN EXERCISED 165 
 
 voter indicates his choice by making a cross (X) with 
 a black-lead pencil opposite one name for each office. 
 Those receiving the largest vote in the primary become 
 the candidates of their party. Nomination by petition 
 occurs whenever the party interested is not satisfied with 
 the results of the primary election. In order to secure a 
 nomination independent of all parties, the candidate must 
 secure the signatures of at least five per cent of the voters, 
 and designate an emblem to be printed before his name. 
 His name is then placed upon the ballot, which goes before 
 the voters at the general election, with the names of those 
 nominated at the primary. 
 
 Importance of the Primary. No scheme of government 
 is any better or stronger than the men chosen to carry it 
 into effect. One plan may be better than another, but 
 any plan will result in good government if the men chosen 
 to administer it are trustworthy and capable ; and any 
 form of government, however excellent, will result unsatis- 
 factorily to the people without such men to administer it. 
 Therefore the voter's greatest responsibility in the cause 
 of good government is the faithful performance of his duty 
 in the selection of strong and capable men as candidates 
 for office through the primary. Remaining away from 
 the general election does the cause of good government 
 less harm than remaining away from the primary. By 
 discriminating in the matter of signing nominating peti- 
 tions, and by a careful study of the men finally placed upon 
 the primary ballot, the individual voter has it completely 
 within his power to determine the kind of men we shall 
 have for the administration of our affairs in local, state, 
 and national government. Whether we shall have honest 
 and efficient public officials or the opposite is squarely up 
 to the individual voter.
 
 1 66 ACTUAL GOVERNMENT OF NEW YORK 
 
 Supervision of Elections. The election machinery of 
 the state is under the supervision of three superintendents 
 of election (see footnote, p. 122). These ^state superin- 
 tendents are assisted by three chief deputies and by 
 four hundred deputies of their own choosing, scattered 
 throughout the state, and by a host of lesser officials. 
 Prior to 191 1 the county clerk had charge of all election 
 matters within the county. The present law provides for 
 an election board of from two to four commissioners, 
 chosen by the board of supervisors (in New York City 
 by the board of aldermen) from different political parties, 
 at salaries of from $1000 to $3000 according to the popu- 
 lation of the county, except in New York City, where the 
 salary is $5000 per year. This election board has charge 
 of all local election matters, subject to the state superin- 
 tendents of election. The town board (see p. 24) appoints 
 four inspectors of election in each district from the same 
 political parties represented by the commissioners of elec- 
 tion. These inspectors choose two poll clerks and two ballot 
 clerks, one of each from the political parties which they 
 represent. In New York City all appointments are made 
 by the board of elections ; in other cities, by the mayors. 
 
 How to Register. In cities and villages of 5000 or more 
 inhabitants the individual voter must appear in person 
 before the board of inspectors of election on the days set 
 Tor registration, and establish the facts mentioned on p. 160. 
 In villages of less than 5000 inhabitants and in rural dis- 
 tricts, those whose names appear upon the last election roll, 
 and those whom the inspectors know to have become voters 
 since the last election (for example, young men becoming 
 twenty-one years old), may be duly registered for the coming 
 election without appearing before the board of inspectors. 
 All others must appear in person. Each registered voter
 
 SUFFRAGE: HOW AND WHEN EXERCISED 167 
 
 is qualified to vote in the primary election for the nomina- 
 tion of candidates for the various offices to represent the 
 political party of his choice in the coming general election ; 
 and on the first Tuesday after the first Monday in Novem- 
 ber he presents himself at the polling place in his district, 
 where he will be asked his name and address and will be 
 required to write his name in the poll book (the book in 
 which the record of those voting is kept) ; then, if every- 
 thing appears to be all right, he is allowed to pass behind 
 the curtain of the voting machine, or into the voting 
 booth if a machine is not used. 
 
 Voting by Ballot. All officers are chosen by ballot or 
 by some method of secret voting, unless the law specifies 
 to the contrary. The usual methods of voting are by 
 means of the Australian ballot or of the voting machine. 
 The voting places, or polls, are in charge of local officers 
 known as inspectors of election. Where the Australian 
 ballot is used, the voter is given a single ballot, or sheet of 
 paper, upon which are printed the names of all the candi- 
 dates who have been duly nominated. These names are 
 arranged in successive columns according to the offices to 
 be filled. Each name is preceded by the party emblem 
 and a blank square, and followed by the name of the party. 
 The voter takes this ballot to a booth (a small room), 
 and there makes a cross with a " pencil having black 
 lead " 1 in the square before the name of each person for 
 whom he wishes to vote. Finally, if the voter wishes to 
 vote for candidates whose names, do not appear upon the 
 official ballot, a blank in each column, where he can write 
 their names, is provided for the purpose. When he has 
 marked his ballot, he returns it, properly folded, to the 
 inspector, who first tears off the stub and then deposits 
 
 1 See latest edition of the Election Laws for New York State.
 
 1 68 ACTUAL GOVERNMENT OF NEW YORK 
 
 the voted ballot in one box, the stub in another. The 
 stub of the ballot has the same number as the name of 
 the voter on the poll list ; the ballot itself is not numbered. 
 When a man has voted, his name is checked off from the 
 registration list by the poll clerks. 
 
 Voting by the Machine. The method of voting by the 
 machine is very similar to that of voting by ballot. The 
 voter enters a booth, which is a part of the machine. 
 The face of the machine bears the names of the candidates to 
 be voted for, arranged in parallel columns according to their 
 respective political parties. Beside each name is a small 
 lever. The voter pulls down the levers opposite the names 
 until they point to the names of the candidates who repre- 
 sent his choice. If he wishes to vote for candidates whose 
 names do not appear, blanks are provided on which he may 
 write their names. By an ingenious mechanism the pull- 
 ing down of one lever locks all others for that office, so 
 that it is impossible to vote for more than one candidate 
 for the same office. Upon the voter's leaving the booth, 
 the machine registers his vote and the total vote, and sets 
 all levers for the next voter. 
 
 The Counting. All voting must cease at five o'clock, 
 and the votes must be counted by the inspectors, the room 
 remaining open to the public meanwhile. The chairman of 
 the board of inspectors immediately announces the result 
 publicly, after which are made three certified copies, specify- 
 ing the number of votes cast for each county officer and 
 each state officer. 1 One of these certificates is sent to the 
 supervisor, one to the town or city clerk, and one to the 
 county clerk, together with the stubs and the unvoted 
 
 1 No certificates are made for town, city, village, or school elections held 
 at a different time from the general election. New York City acts under 
 special law.
 
 i. To vote for a candidate on this ballot make a cross X mark in one of the squares or in 
 the place at the left of his name. 
 
 2. To vote for a candidate not on this ballot write his name in a blank space under the 
 candidates for that office. 
 
 3. Mark only with a pencil having black lead. 
 
 4. Any other mark, erasure or tear on the ballot renders it void. 
 
 5. If you tear, or deface, or wrongly mark this ballot, return it and obtain another. 
 
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 November, 1914 
 
 169
 
 170 ACTUAL GOVERNMENT OF NEW YORK 
 
 ballots. After six months the voted ballots are destroyed. 
 The supervisors of the county meet as a county board of 
 canvassers on the Tuesday immediately following election, 
 and ascertain, from the reports sent in by the towns, who 
 have been elected to county offices and the vote of the 
 county for state offices. The supervisors make three 
 certificates stating the results of the returns from their 
 counting, and send one to the governor, one to the secretary 
 of state, and one to the comptroller. The secretary of 
 state summons the attorney-general, the state treasurer, 
 the comptroller, and the state engineer and surveyor to 
 meet him in Albany on or before December 15. This 
 body constitutes the state board of canvassers. At this 
 meeting the county returns are gone over and the result of 
 the voting for state officers is officially announced. A 
 plurality only is necessary for election to any office. 
 
 QUESTIONS ON THE TEXT 
 
 1. Who are qualified to vote in this state? 
 
 2. Give the constitutional qualifications of a voter, and show 
 the importance of these qualifications. 
 
 3. What are the essential provisions of the constitution in 
 regard to bribery of voters and bets on the result of an election ? 
 
 4. Give the substance of the provision of the constitution re- 
 garding registration of voters. Give the reason for this provision. 
 
 5. When is the general election held in this state? Mention 
 the chief provisions for securing an honest ballot. 
 
 6. What national and state officers will be chosen in the 
 coming November election? Give the complete list. 
 
 7. Describe the process of choosing a governor, from the 
 primary to the final result. 
 
 8. What are the advantages and disadvantages of the present 
 mode of voting in this state over that which formerly prevailed ?
 
 CHAPTER XVI 
 
 STATE FINANCES 
 
 State Budget. It will be seen, from a study of the activi- 
 ties of the state, the various administrative departments, 
 boards, and commissions, that the state is very much in need 
 of funds. From an estimate furnished by each of these 
 departments the legislature determines the amount of money 
 needed to conduct the state's business for the year. This 
 is called a budget, and the appropriations bill specifies in 
 detail the amount of salaries, traveling expenses, furniture, 
 general maintenance, etc., concerning the state departments 
 and institutions. This bill is enacted into law. 
 
 Sources of Revenue. The state has various sources of 
 revenue. The principal sources (in 191 5 *) and their relative 
 values, are taxes upon corporations, amounting to $11,634,- 
 000.84; upon inheritance, amounting to $11,163,478.40; 
 liquor tax, amounting to $9,360,099.31 ; stock- transfer tax, 
 amounting to $2,056,687.06; mortgage tax, amounting to 
 $1,390,746.98; and the tax on motor vehicles, amounting 
 to $1,528,220.73. All property may be taxed by the state 
 unless exempted by state law, but for several years there 
 has been practically no direct state property tax other than 
 that which is required to meet the state debt. New York's 
 location makes it a very desirable base for corporate ac- 
 tivity, and since these corporations enjoy protection and 
 
 1 See Legislative Manual, 1915 edition, p. 711. 
 171
 
 172 ACTUAL GOVERNMENT OF NEW YORK 
 
 benefits from the state laws, the state feels that they should 
 contribute to the expenses of the government. It should be 
 understood, however, that such payment of legitimate taxes 
 is not to give such corporations any advantage in admin- 
 istrative or legislative matters. 
 
 Apportionment of Taxes. After the state has decided 
 upon the amount needed for the year, and the county 
 equalization of assessed valuation has been completed by 
 the state board of equalization, the comptroller apportions 
 to each county its share of the state tax and certifies the 
 same to the board of supervisors in each county. The 
 board of supervisors has previously acted as a county 
 board of equalization in equalizing the assessed valuation 
 of each town. To the state tax is added the necessary 
 county tax, which total tax is divided among the towns 
 and cities. To the town's or city's share of the state 
 and county tax is added the town or city tax, and this 
 grand total is the sum to be raised. The total assessed 
 valuation of property forms the base, the tax to be raised 
 forms the percentage; dividing the percentage by the base 
 gives the rate of the taxation, or the sum to multiply each 
 person's assessment by to determine the amount of his 
 tax. When the total tax is collected, the superintendents 
 of highways receive the moneys voted for the improvement 
 of roads and bridges, the superintendent of the poor the 
 moneys voted for the care of the poor, the supervisor the 
 money for the town expenses, the city treasurer the money 
 for the city government, and the balance is turned over 
 to the county treasurer. The county treasurer pays over 
 to the comptroller the state's share of the money thus 
 received, and from the county's share such charges against 
 the county as have been duly authorized. The comptroller 
 and the county treasurer may sell real property on which
 
 STATE FINANCES 173 
 
 the taxes are unpaid, and the local authorities in cities 
 may do the same for the collection of unpaid city taxes. 
 If the delinquents pay their taxes and the costs involved 
 in the sale, they may recover their property. 
 
 Tax Districts. The state is divided into tax districts, 
 which are usually the same as a town or city as to terri- 
 tory. In each of these districts three assessors are elected 
 by the people if the district is a town, and are either 
 elected or appointed in a city. These assessors place a 
 value upon all real property (houses and lands), and 
 upon all personal property (that is, movable property) if 
 the amount can be ascertained. This valuation is entered 
 in a book opposite the owner's name, and the resulting list 
 of names and property values constitutes the assessment 
 roll. If any person is dissatisfied with the value assigned 
 his property, he may appear before the assessors on griev- 
 ance day,- a day set for the purpose of adjusting differences, 
 and try to get a satisfactory valuation by swearing off 
 his assessment ; that is, by making oath that he has been 
 overassessed. If he cannot get satisfaction in this manner, 
 he may appeal to the board of supervisors for their decision. 
 The assessment roll, when completed, is sent to the town 
 or city clerk. When the board of supervisors meets in 
 annual session, the assessment roll of each tax district is 
 taken before it and carefully examined. When examining 
 the assessment rolls, the board of supervisors acts as a 
 county board of equalization and has power to change the 
 assessed valuation of the real property of any tax district, 
 with a view to producing a just relation of assessment in 
 the several districts. The board has, however, no au- 
 thority to change the total assessment of the county. In 
 much the same manner the state board of equalization meets 
 annually at Albany to adjust the balance between county
 
 174 ACTUAL GOVERNMENT OF NEW YORK 
 
 assessments, working from data furnished by the state 
 tax commissioners, who are in a way state assessors. 
 
 Tax Defined. A tax is a sum of money or definite service 
 lawfully taken from the people by the federal, state, county, 
 or local government for its support. This right of the 
 state is called eminent domain, which means that the state 
 reserves to itself the right to appropriate private property 
 for the public good after giving a just compensation. In- 
 asmuch as we choose the officers who levy our taxes, and 
 since we determine the kind of government we want and 
 the officers to administer it, we ought cheerfully to pay our 
 taxes, which is a kind of insurance paid for the security of 
 our persons, our property, and our education. 
 
 QUESTIONS ON THE TEXT 
 
 1. How is the state budget made up ? How is it authorized? 
 
 2. Mention the sources of the state's revenues for current 
 expenses. How are taxes distributed after collection? 
 
 3. For what purpose does the state lay a direct property 
 tax ? May it lay a property tax for current expenses of govern- 
 ment? 
 
 4. After the state budget has been determined, who deter- 
 mines what each county's share is? To whom does he report? 
 
 5. How is the tax rate determined ? What is a tax ? 
 
 6. What is a tax district ? Why are taxes necessary ? 
 
 7. What are the duties of the state board of equalization? 
 of the county board of equalization? By what other name 
 is the county board called when doing other work?
 
 STATE FINANCES 
 
 175 
 
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 President 
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 Sec'y of War 
 
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 PART III. THE FEDERAL GOVERNMENT 
 CHAPTER XVII 
 
 THE CONSTITUTION: ITS FORMATION AND ADOPTION 
 
 Condition of Affairs under the Articles of Confederation. 
 
 The course of events from 1781 to 1787 proved the impos- 
 sibility of government under the articles. So long as the 
 war lasted, the states could not help seeing that their only 
 safety lay in union, and they were following the dictates of 
 the merest self-interest in sending to Congress their ablest 
 men and in granting to that body, however grudgingly, the 
 necessary means for conducting the government. As the 
 fierceness of the struggle abated, however, the necessity for 
 union was no longer so keenly felt. State interests loomed 
 larger and larger ; federal interests dwindled. The most 
 distinguished statesmen no longer sat in the federal leg- 
 islature ; their talents were demanded at home for the 
 solution of difficult problems of state government; so 
 that the national legislature, given by the Articles of 
 Confederation no means of providing for its own needs and 
 left wholly dependent upon the good will of the states, 
 soon found itself deprived of even such power of persuad- 
 ing the states as it had possessed through the pressure of 
 the war and the personal influence of its members. 
 
 Attitude of the States.. Gradually the states, having 
 withdrawn from the service of the federal government its 
 
 176
 
 177
 
 178 ACTUAL GOVERNMENT OF NEW YORK 
 
 best ability, assumed toward it, if not an attitude of actual 
 defiance, at best one of distrust or indifference. More than 
 once, whether through indifference or a more active senti- 
 ment, they made it impossible for Congress to proceed to 
 business at the proper time by failing to send delegates from 
 enough states to transact important business or to settle 
 important questions. National appeals for money many 
 of the states simply disregarded, so that between 1782 and 
 1 786 Congress obtained only about one sixth of the amount 
 asked for. Threats of secession were heard from more 
 than one quarter, and even overt acts of defiance were not 
 unknown. 
 
 The Feeling between the States was no better than that 
 between the national government and the states. Ques- 
 tions of trade involved them in continual quarrels. New 
 England sought to secure a virtual monopoly of the carry- 
 ing trade by demanding the exclusion of British vessels — a 
 demand to which the Southern states would not accede. 
 States without seaports were forced to pay tolls to their 
 more fortunate neighbors through whose ports their goods 
 were received. Interstate tariffs grew up wherever con- 
 ditions favored them, and tariff wars provided a constant 
 source of irritation. Between the East and the West, also, 
 there was a clash of interests. The East desired com- 
 mercial intercourse with Spain and the Spanish colonies, 
 which that country was willing to grant in return for the 
 surrender by the United States of the right to free naviga- 
 tion of the Mississippi, which now flowed for two hundred 
 miles through Spanish territory ; and a considerable por- 
 tion of Congress was willing to negotiate a treaty on this 
 basis. To this surrender, however, the people of the West, 
 particularly those of Kentucky and what is now Ten- 
 nessee, were unalterably and vehemently opposed. Bitter
 
 CONSTITUTION: FORMATION AND ADOPTION 179 
 
 discussion between East and West followed, and threats of 
 secession were heard on both sides ; but the project was 
 finally abandoned. Even within the states troubles were 
 rife. Financial distress, which large issues of paper money 
 had only intensified, was everywhere apparent, and was 
 leading in some cases to armed rebellion on the part of the 
 debtor class. 
 
 The General Government Helpless. Meantime the gen- 
 eral government, compelled to stand helplessly by, alike 
 incapable of relieving the internal distress of the states, of 
 adjusting interstate disputes, or of extricating the nation 
 from its difficulties, was regarded by foreign nations with 
 scorn or indifference. It was not without justification 
 that the French minister wrote, in 1784, that there was no 
 general government in the country ; nor was it strange 
 that the commission appointed that year to conclude 
 treaties with foreign nations, and consisting of men so 
 able and persuasive as John Adams, Franklin, and Jeffer- 
 son, should have been able to induce only one foreign coun- 
 try to enter into treaty relations with the Confederation. 
 By 1786 the feeling had become general that nothing 
 short of a thoroughgoing revision and amendment of 
 the Articles of Confederation could remedy the existing 
 evils. 
 
 Suggestions for Amendment. The suggestion that the 
 articles be amended was by no means new. In 1781, even 
 before all the states had ratified them, it had been pro- 
 posed that Congress should be given power to raise revenue 
 by levying import duties to the extent of five per cent ad 
 valorem. The proposition was discussed for a year, but was 
 finally defeated by the refusal of Rhode Island to agree to 
 the arrangement. In 1783 the project was revived and a 
 similar proposition was made, but with more limitations
 
 180 ACTUAL GOVERNMENT OF NEW YORK 
 
 upon Congress, only to meet defeat again, this time at 
 the hands of New York. Two years later Massachusetts 
 instructed her delegates in Congress to propose a general 
 revision of the articles ; but nothing came of this 
 suggestion, and the convention which finally met for that 
 purpose in 1787, and ended by framing an entirely new 
 constitution, originated in a different way. 
 
 Origin of the Constitutional Convention. The Constitu- 
 tional Convention grew out of an attempt on the part of 
 a few of the states to reach some sort of agreement in com- 
 mercial matters. In 1785 a commission from Maryland 
 and Virginia met at Alexandria for the purpose of adjust- 
 ing, if possible, the differences between those states in 
 regard to the navigation of the Potomac River and the 
 Chesapeake Bay. Before the commission broke up, the 
 Virginia delegates proposed that a similar commission, 
 composed of delegates from all the states, should meet at 
 Annapolis for the purpose of discussing trade relations 
 throughout the country. The proposition was favorably 
 received, and the following year, 1786, occurred the An- 
 napolis Convention. 
 
 The Annapolis Convention. When the delegates as- 
 sembled at the appointed time, it was found that repre- 
 sentatives were present from five states only, though a few 
 others were on the way. W r ith so incomplete a represen- 
 tation of the Confederation it was useless to attempt to 
 proceed with the business for which the convention had 
 been summoned, but such discussions as occurred revealed 
 the existence of a general sentiment in favor of the revision 
 of the Articles of Confederation. Accordingly, without 
 awaiting the arrival of the tardy delegates, those present, 
 before adjourning, passed a resolution recommending a con- 
 vention of delegates from all the states " to devise such
 
 CONSTITUTION: FORMATION AND ADOPTION 181 
 
 further provisions as shall appear to them necessary to 
 render the constitution of the federal government ade- 
 quate to the exigencies of the union." This resolution was 
 transmitted to Congress and to the state legislatures, but 
 it was not until five states had already appointed delegates 
 to the new convention that Congress approved it and 
 recommended its adoption by the states. Thereupon the 
 rest of the states, with the exception of Rhode Island, 
 promptly adopted the recommendation of Congress and 
 appointed their delegates. 
 
 The Constitutional Convention. The fourteenth of May, 
 1787, had been fixed upon as the day and Philadelphia as 
 the place of meeting for the new convention, but it was not 
 until May 25 that delegates had arrived from a sufficient 
 number of states to enable the convention to organize for 
 its work, and two months more elapsed before all of the 
 twelve states that finally sent delegates were represented. 
 Rhode Island alone took no part in the convention. In 
 that state the governor and the upper house of the legis- 
 lature were in favor of sending delegates ; but the assembly, 
 made up largely of men without education and of narrow 
 political views, who were, moreover, fearful of the effect of 
 the convention upon their financial policy of wiping out 
 all debts by means of paper money, refused to send repre- 
 sentatives. The convention as finally constituted con- 
 sisted of fifty-five members, among them the ablest and 
 most distinguished statesmen of the time. Together 
 they made up a body that has rarely been equaled in 
 intelligence, ability, patriotism, and political sagacity. 
 As has nearly always happened in the case of political 
 bodies chosen at critical junctures in our history, the 
 convention was strongly representative of the wisely con- 
 servative element in the country. No true patriot could
 
 1 82 ACTUAL GOVERNMENT OF NEW YORK 
 
 have anything to fear in trusting his political interests 
 to such men as figured most prominently in the proceed- 
 ings of the convention. 
 
 Influence of Washington. Easily foremost, of course, 
 was Washington, president of the convention, cautious, 
 sagacious, rich in experience, utterly free from local preju- 
 dice. His position as presiding officer naturally precluded 
 his taking part in the debates, but it has been said of him 
 that through the power of his personality he had the 
 greatest influence on the total result of any man in the 
 convention. Unquestionably the fact that he approved 
 the Constitution assisted in no small degree in securing 
 for it the ratification of otherwise doubtful states. 
 
 Hamilton and Madison. Of those who engaged actively 
 in the debates of the convention the two most prominent 
 and almost equally influential characters were Hamilton 
 and Madison. In spite of the fact that they were young 
 men (Hamilton was but thirty, and Madison six years 
 older), both had already rendered political service as 
 members of Congress, and Hamilton had been one of 
 the delegates to the Annapolis Convention. Hamilton's 
 keen insight into the principles of government, combined 
 with a remarkable power of logical, straightforward reason- 
 ing, stood him in good stead in the debates of the conven- 
 tion. His greatest service in the work of that body was 
 his successful insistence upon the absolute necessity of 
 creating an efficient national government, even though it 
 might involve a very considerable curtailment of the 
 powers of the states. Madison was even more active, if 
 not more influential, in the convention than his colleague. 
 He was one of the few, destined finally to become the 
 majority, who believed that no satisfactory amendment 
 of the Articles of Confederation was possible, and that the
 
 CONSTITUTION: FORMATION AND ADOPTION 183 
 
 only thing to do was to throw them overboard and frame 
 a new Constitution. To this proposition it was objected, 
 reasonably enough, that the assembly, in acting upon it, 
 would be exceeding its authority, since it had been given 
 power only to revise the Articles of Confederation ; and in 
 furnishing convincing answers to objections of this type 
 he rendered most efficient service. It was Madison, also, 
 who drafted the scheme of government known as the 
 Virginia Plan, which was to become the basis of the Con- 
 stitution as it was finally adopted. Nor did the work of 
 these two young men end with the adjournment of the 
 convention. Through the series of political essays known 
 as The Federalist, written for the purpose of explaining 
 and defending the Constitution after it had been submitted 
 to the people for ratification, they did yeomen's service 
 in securing its adoption. 
 
 Franklin. Scarcely inferior in influence, though much 
 less active in debate, was the venerable Franklin, now in 
 his eighty-second year. For half a century he had had 
 intimate knowledge of public affairs ; for a quarter of a 
 century he had represented his country, or a portion of 
 it, at foreign capitals. Twice had he drafted a plan of 
 union and a scheme of government for the colonies (neither 
 of them, to be sure, destined to be put into operation) : 
 one the plan adopted by the Albany Convention in 1754, 
 but rejected by the colonies ; the other the scheme con- 
 sidered by the Continental Congress a year before the 
 Articles of Confederation were drafted, but never acted 
 upon. It was his particular task in the convention to pour 
 oil on the troubled waters. When the debate became too 
 bitter or too personal, his ready wit restored everybody to 
 good humor, and more than once his tact prevented differ- 
 ences of opinion from becoming irreconcilable disputes.
 
 1 84 ACTUAL GOVERNMENT OF NEW YORK 
 
 Other Prominent Delegates. Among other prominent 
 delegates present were George Mason and Edmund Ran- 
 dolph of Virginia ; John Dickinson of Delaware ; James 
 Wilson, Robert and Gouverneur Morris of Pennsylvania, 
 to the last of whom the Constitution mainly owes the 
 admirable clearness and simplicity of its language, which 
 has made the work of interpretation so much easier and 
 surer ; Roger Sherman of Connecticut, who had been a 
 member of nearly every Congress ; Elbridge Gerry of 
 Massachusetts; Rufus King of New York, the author of 
 the prohibition on the states to pass laws impairing the 
 obligation of contracts ] ; Paterson of New Jersey (after- 
 ward governor, 1 791-1793); and the two Pinckneys and 
 John Rutledge of South Carolina. These were the most 
 distinguished members of the assembly, but all were men 
 of ability and experience. Of the fifty-five present, eighteen 
 were at the same time members of Congress, and there 
 were only twelve who had not at some time sat in that body. 
 
 Work of the Convention. The convention organized for 
 work May 27, and from this date its work proceeded with- 
 out interruption for four months, daily sessions being held 
 until the seventeenth of September, when the engrossed 
 copy was signed and the convention finally adjourned. 
 The work throughout was carried on behind closed doors 
 — wisely, since, had the questions under discussion been 
 known, the pressure of public opinion upon the delegates 
 would probably have made agreement impossible. It was 
 not until long afterwards, when the very full notes of the 
 debates of the convention, kept by Madison, were printed, 
 that the difficulties it had surmounted became known. 
 
 Difficulty of the Task. In some respects the task before 
 the framers of the Constitution was peculiarly difficult. 
 
 1 See Article I, § 10, *& 1, page Ix.
 
 CONSTITUTION: FORMATION AND ADOPTION 185 
 
 " The establishment of a constitution in a time of profound 
 peace, by the voluntary consent of a whole people, is a 
 prodigy, to the completion of which I look forward with 
 trembling anxiety," wrote Hamilton; and many of his 
 contemporaries shared his feeling. In the first place, there 
 had been no overwhelming public sentiment in favor of 
 the calling of the convention, nor was there any profound 
 belief that it would accomplish anything. Then, too, 
 within the convention itself there was a strong feeling that 
 it had no power beyond that of revising the Articles of 
 Confederation ; and not a little argument was needed to 
 induce the assembly to undertake the framing of a new 
 constitution. That question once decided, the convention 
 found itself face to face with a peculiar condition of affairs. 
 Its task was not the comparatively simple one of devising 
 a scheme of government for a single unitary state, in which 
 the central government should be the source of power for 
 all minor political divisions ; nor had it, on the other hand, 
 to deal with a simple confederation, in which the com- 
 ponent states were still sovereign and independent, with 
 full power at any time to withdraw from the union. 
 
 The course of events during the Revolution had un- 
 doubtedly established a nation with a life of its own ; yet it 
 had left the integrity of the states untouched. The states 
 were still free political agents, however strongly public ne- 
 cessity might urge them to form a national union. " We were 
 neither the same nation nor different nations," said Gerry. 
 In short, the task before the convention was that of fram- 
 ing a constitution for the first great federal state in history. 
 Just how this was to be done no one saw clearly at the 
 opening of the convention. Among the members of the 
 assembly the most diverse opinions were held as to what 
 should be the character of the new government. Not a
 
 1 86 ACTUAL GOVERNMENT OF NEW YORK 
 
 few contended for the maintenance of the existing form of 
 government with only such revision of the Articles of Con- 
 federation as experience had shown to be absolutely neces- 
 sary ; that is, they advocated, if not the extreme state-rights 
 doctrine, at least as great a degree of state sovereignty as 
 was at all compatible with orderly government. A few, 
 notably Hamilton, advocated the establishment of a 
 strongly centralized national government, in which the 
 states should be shorn of all their sovereign power. The 
 majority, however, hoped for the establishment of a moder- 
 ately strong central government, with enough curtailment 
 of state prerogatives to render the general government 
 thoroughly efficient. 
 
 Plans Submitted. The real work of the convention began 
 on the twenty-ninth of May, when Edmund Randolph of 
 Virginia submitted a plan of government, principally the 
 work of Madison, consisting of fifteen propositions, most of 
 which were finally embodied in the Constitution. This 
 plan is known as the Virginia Plan. On the same day 
 Charles Pinckney of South Carolina presented another 
 plan, very similar in its provisions to that of the Virginia 
 delegation, but more detailed. This received little atten- 
 tion. The interest of the convention centered in the 
 Virginia Plan and its principal opponent the New Jersey 
 Plan, introduced by Paterson of New Jersey and express- 
 ing the wishes of the smaller states. The Virginia Plan 
 provided for a government to consist of the three depart- 
 ments, — legislative, executive, and judicial, — the legis- 
 lature to consist of two houses, the lower elected by the 
 people, the upper by the lower from candidates nomi- 
 nated by the state legislatures. In both houses represen- 
 tation was to be based on free population. Congress was 
 also to choose the executive and the judiciary. This plan
 
 CONSTITUTION: FORMATION AND ADOPTION 187 
 
 unquestionably gave the control of affairs into the hands 
 of the larger states, and it met with fierce opposition on 
 the part of the smaller ones. They therefore agreed upon 
 the series of resolutions introduced by Paterson. This 
 plan proposed to continue the existing government, but to 
 give Congress power to regulate commerce, to raise revenue, 
 to establish a federal judiciary, and to enforce its enact- 
 ments. While these plans were under discussion, Hamilton 
 made a speech to the convention, in the course of which he 
 read a plan outlining a strongly centralized national gov- 
 ernment in which the states had little power. This has 
 been called Hamilton's Plan ; but he knew, as he himself 
 said, that it was very remote from the ideas of the people, 
 and he probably intended only to outline more carefully 
 his own views and the amendments he intended to offer at 
 the proper time, rather than to submit a formal plan for 
 the consideration of the convention. 
 
 The First Great Compromise. As the discussion of the 
 two principal plans proceeded, it became evident that 
 only a most liberal spirit of compromise could enable the 
 convention to effect anything. Differences of opinion 
 among the delegates were so wide as to be all but ir- 
 reconcilable. More than once the convention seemed on 
 the verge of dissolution, but each time some compromise 
 was effected and the work proceeded. The first great 
 crisis came in the course of the discussion as to whether 
 there should be a national or a federal government, and 
 whether there should be equal representation of the states 
 in Congress or whether representation should be appor- 
 tioned on the basis of population. Naturally the smaller 
 states contended fiercely for equal representation. Finally 
 one of the Connecticut delegates suggested a compromise, 
 based on the system in use in the legislature of his
 
 1 88 ACTUAL GOVERNMENT OF NEW YORK 
 
 own state, according to which there was to be equal 
 representation of the slates in the Senate but representation 
 apportioned on the basis of population in the House of 
 Representatives. To this the larger states agreed after 
 some discussion, and thus the first great compromise of 
 the Constitution was effected. 
 
 The Second Great Compromise. This question as to the 
 manner of representation in the two Houses having been 
 settled, another arose as to the apportionment of represent- 
 atives in the lower House. The population in the Southern 
 states contained a large proportion of slaves possessed of 
 no political rights. Ought they to be counted in determin- 
 ing the number of representatives from those states; and 
 if counted for that purpose, ought they not to be counted 
 also in apportioning direct taxes? Finally a compromise 
 was effected upon this question also, — the three-fifths 
 compromise, as it is sometimes called, — according to 
 which five slaves were to be counted as equal to three 
 white men, and direct taxes were to be apportioned in the 
 same manner as representatives. 
 
 The Third Great Compromise also was made necessary 
 by the existence of slavery and the slave trade. The real 
 question at issue was whether or not the general govern- 
 ment should be given control over commerce. The ill 
 effects of allowing each state commercial independence 
 had become evident under the Articles of Confederation, 
 and the states engaged in general commerce desired its 
 regulation by the general government. On the other 
 hand, the states engaged in the slave trade, knowing the 
 sentiment entertained against it at the North, feared that 
 heavy losses might be entailed upon them by some pro- 
 hibitory legislative act of the general government. A com- 
 promise was finally reached by which it was agreed that
 
 CONSTITUTION: FORMATION AND ADOPTION 189 
 
 Congress should be given control over commerce but should 
 be forbidden to pass any act prohibiting the importa- 
 tion of slaves before 1808, though it might levy a tax 
 of ten dollars each on all slaves imported. Of this last 
 provision, however, Congress never took advantage. It 
 should not be supposed that these three were the only 
 compromises of the Constitution ; it has been said of it, 
 indeed, that it was nothing but a series of compromises. 
 These three, however, were of vital importance, since a 
 failure^to reach an agreement on any of these points would 
 have resulted almost inevitably in the dissolution of the 
 convention. 
 
 Ratification. In accordance with the last article of the new 
 Constitution, providing for its ratification on the twentieth 
 of September, 1787, it was submitted to Congress, where 
 it was subjected to criticism for eight days before it was 
 sent to the state legislatures, to be by them in turn sub- 
 mitted to conventions chosen by the people of the several 
 states. It was not until June 21, 1788, that the ratifica- 
 tion of the nine states necessary to the establishment of 
 the new government was secured. Thereupon Congress 
 made preparations for putting the Constitution into opera- 
 tion, and the other states, finding themselves confronted 
 with the alternative of joining the Union or standing alone 
 in the world, since the old government established by the 
 Articles of Confederation had been annihilated, ratified, 
 one by one, Rhode Island holding out until the end of 
 May, 1790. 
 
 Struggle over Ratification. Except in the smaller states, 
 to which very considerable concessions had been made, 
 ratification was nearly everywhere secured with difficulty. 
 Had the matter been left to a direct vote of the people, 
 taken all over the country on the same day, it is doubtful
 
 iqo ACTUAL GOVERNMENT OF NEW YORK 
 
 if it could have been secured at all. Fortunately, as Mr. 
 Bryce has noted, " The conventions were composed of able 
 men, who listened to thoughtful arguments, and were them- 
 selves influenced by the authority of their leaders." x Out 
 of this struggle over ratification emerged the first two great 
 political parties in the United States. The supporters of 
 the Constitution were called Federalists ; the opponents, 
 Antifederalists. The Federalist Party was in general the 
 party of the moneyed classes — the public creditors, the 
 merchants, the lawyers ; the Antifederalist the party of the 
 •debtor class, the advocates of paper money — in general, 
 the less wealthy portion of the community. The Anti- 
 federalists objected, among other things, to the absence of 
 a Bill of Rights in the new Constitution ; to the power of 
 taxation given the national legislature ; to the power 
 granted to the federal judiciary ; to the paying of congress- 
 men out of the federal treasury, thus making them inde- 
 pendent of the states ; to the voting by individuals instead 
 of by states in the national legislature — in short, to what 
 they considered the too aristocratic, too centralized form 
 of the new government. On the other hand, the views of 
 the Federalist Party found expression most ably and thor- 
 oughly through the series of remarkable political essays 
 written by Hamilton, Madison, and Jay, and afterwards 
 collected and published under the title of The Federalist. 
 Their effectiveness in helping to secure ratification has been 
 already mentioned. Other influences, too, were at work. 
 The support of such tried and trusted men as Washington 
 and Madison, the compromises made to different sections 
 and interests, the example of other states — all had their 
 effect upon doubtful states; but unquestionably the two 
 most potent influences were the almost universal economic 
 
 1 Bryce, Vol. I, p. 27.
 
 CONSTITUTION: FORMATION AND ADOPTION 191 
 
 distress and the dread of foreign powers, especially Spain 
 • and England, who were believed, perhaps not wholly with- 
 out reason, to be only awaiting a favorable opportunity 
 for absorbing the youthful nation. 
 
 Establishment of the New Government. As soon as 
 the ratification of the necessary nine states was secured, 
 Congress passed an act providing for the establishment and 
 organization of the new government. The first Wednes- 
 day in January, 1789, was designated as the day for ap- 
 pointing electors ; the first Wednesday in February, for 
 assembling and voting for president ; and the first Wednes- 
 day in March, for " commencing the proceedings under 
 the said Constitution." It was not until April first, how- 
 ever, that a quorum was secured in the House of Represent- 
 atives and that body was organized, while in the Senate a 
 quorum was first present on April sixth. Thereupon the 
 votes were counted and Washington was declared elected. 
 Some further delay ensued, but finally, on April thirtieth, 
 occurred the inauguration of Washington and the installa- 
 tion of the new government. 
 
 Library References. Macy, pp. 38-40; Hinsdale, pp. 82-116; 
 Bryce, Vol. I, chap, iii; Fiske, pp. 217-219; Channing, pp. 254-262, 
 270-275 ;' Montgomery, pp. 214-218 ; Curtis, Vol. I, chaps, xv-xxxvi ; 
 Fiske, Critical Period, pp. 214-350; Roberts, Vol. II, pp. 446- 
 447 ; Hart, chap, vi ; Lalor, Article on the Constitutional Convention; 
 Bancroft, Vol. VI, Book II, chap, viii, Books III-IV, Book V, chaps, 
 ii-iii ; Schouler, Vol. I, pp. 28-70 ; McMaster, Vol. I, pp. 390-300, 
 417-423, 436-502. 
 
 QUESTIONS ON THE TEXT 
 
 1. Describe the political conditions which made necessary 
 the present constitution of the United States. 
 
 2. What evils was the United States constitution intended to 
 remedy? Does it remedy those evils? Give reasons.
 
 192 ACTUAL GOVERNMENT OF NEW YORK 
 
 3. What state took the first step that led to the formation 
 of the present Constitution ? 
 
 4. When and where was the Constitution made? Name 
 six objects stated in the preamble. 
 
 5. How was the Constitution framed? Name the three 
 great compromises of the Constitution. 
 
 6. What differences of opinion existed between the framers 
 of the Constitution as to the powers of the federal government ? 
 What are these differences sometimes called? 
 
 7. What is meant by the statement: "The House of Rep- 
 resentatives represents the national idea ; the Senate represents 
 the federal idea"? 
 
 8. State the provisions under which the Constitution took 
 effect. 
 
 9. The sessions of the Constitutional Convention were all 
 executive ; that is, the public was excluded from all meetings 
 and the work of the convention kept secret until after final 
 adjournment. Was this a wise thing to do? Why? 
 
 10. Give the date of the Constitutional Convention ; the 
 place ; the names of the colonies represented ; the name of the 
 presiding officer; and the name of the "peacemaker." 
 
 11. Who submitted the plan of government for the large 
 states ? for the small states ? State the two most important 
 reasons for adopting the Constitution. 
 
 12. Who is called the " Father of the Constitution " ? Why ? 
 
 13. Name the first two political parties. State the principles 
 of each. 
 
 14. What was " The Federalist " ? 
 
 15. When and where was Washington inaugurated ? Give 
 the oath of office required of the president upon entering upon 
 the duties of his office ?
 
 CHAPTER XVIII 
 THE CONSTITUTION: ITS ORIGIN AND NATURE 
 
 Its Origin. In regard to the originality of the Constitu- 
 tion the most opposite views have been entertained. Mr. 
 Gladstone's remark that it is " the most wonderful work 
 ever struck off at a given time by the brain and purpose 
 of man " has generally been construed, whether it was 
 so intended or not, as an assertion of its originality. On 
 the other hand, Sir Henry Maine says that it is " in reality 
 a version of the British constitution " as it then was. Both 
 these statements are misleading, though both contain an 
 element of truth. As a matter of fact, the convention 
 wisely based its work as little as possible upon untried 
 theories. Only where colonial or state experience furnished 
 no precedent did they risk an invention of their own. At 
 the same time, there were in the situation before the con- 
 vention some elements that were new — some problems for 
 which the framers were compelled to devise new solutions. 
 As for the British constitution, it unquestionably exercised 
 a very considerable influence upon the framers of our Con- 
 stitution, but not directly, as Sir Henry Maine's remark 
 implies. On the contrary, that influence came to them 
 filtered, for the most part, through the channels of colonial, 
 Revolutionary, or early national experience. 
 
 Origin of Special Provisions. Nothing could be truer 
 than the oft-quoted observation that nearly every provision 
 of the federal constitution that has worked well was 
 
 193
 
 194 ACTUAL GOVERNMENT OF NEW YORK 
 
 borrowed from some one of the state constitutions, and that 
 nearly every one that has worked badly is one which the 
 convention, in the absence of precedents, was obliged to 
 devise for itself. It is interesting to note the source of 
 some of these provisions. The separation of the govern- 
 ment into three clearly defined departments, each inde- 
 pendent of the others, had been characteristic of the 
 colonies and after them of the states, the separation hav- 
 ing been carried much further in America than in England. 
 This characteristic reappears in an even more extreme 
 form in the federal constitution. The division of the legis- 
 lature into two Houses, which has often been pointed to as 
 a direct copy of the English system, is rather a copy of the 
 plan almost universally in use in the states, though it is 
 true that in character the two Houses of the federal legis- 
 lature correspond much more closely to those of Great 
 Britain. Even the names " Senate " and " House of Rep- 
 resentatives " were in use in several of the states. The 
 president also, in whom some writers have thought they 
 saw a copy of the British monarch, corresponds much more 
 closely in character and function to the governors of the 
 states, some of whom were called presidents. In several 
 states, too, the office of vice president existed. Some 
 half dozen or more of the states also provided a method of 
 impeachment. 
 
 Suggestions from the States. Certain states can be 
 pointed to more especially as furnishing the suggestions 
 for particular provisions. We have already seen that the 
 different basis of representation in the two Houses was 
 suggested by the constitution of Connecticut. The veto 
 power of the chief executive is found also in the constitution 
 of Massachusetts ; the constitution of Delaware provided 
 for the election of one third of the senators every two
 
 The Panama Canal (above) and Federal Government Meat 
 Inspection (below) 
 
 Our federal government, in constructing this canal, shortened the great trade 
 routes of the world by thousands of miles; and by its pure-food laws and food 
 inspection it undertakes to guard the health of those who consume our products 
 
 195
 
 196 ACTUAL GOVERNMENT OF NEW YORK 
 
 years ; the constitution of New York made provision for a 
 census every seven years for the purpose of apportioning 
 representatives ; in Massachusetts and New Hampshire 
 all revenue bills originated in the house of representatives. 
 As a whole, the plan devised for electing the president 
 was original, but even here the idea of an electoral college 
 was derived from Maryland. Perhaps the truest proto- 
 type for the Supreme Court is to be found, not in the states, 
 but in the judicial committee of the privy council in Great 
 Britain. In fact, in the provisions of the Constitution 
 there was little indeed that was new. Such originality 
 as there was lay rather in the attempt to frame a written 
 constitution for a federation, and in the idea of submitting 
 it to the people for ratification {the referendum). " The 
 work of the convention was a work of selection, not a 
 work of creation, and . . . the success of their work was 
 not a success of invention, always most dangerous in gov- 
 ernment, but a success of judgment, of selective wisdom, 
 of practical sagacity — the only sort of success in politics 
 which can ever be made permanent." l 
 
 Its Nature Different from the British Constitution. 
 The character of the government established by the new 
 Constitution was something different not only from the 
 government of Great Britain, upon which it had been in 
 many respects indirectly modeled, but from that of the 
 Confederation as well. It is doubtful if the framers them- 
 selves realized how widely their work diverged from the 
 mass of charters, statutes, and usages that made up the 
 unwritten, highly flexible constitution of Great Britain. 
 Perhaps the cardinal difference lay in the widely different 
 character of the two great legislative bodies, Parliament 
 and Congress. It should be remembered that the British 
 
 1 Woodrow Wilson, The Slate, p. 462.
 
 CONSTITUTION: ORIGIN AND NATURE 197 
 
 Parliament is and was then an absolutely sovereign body. 
 It may make or unmake any law, change the constitution 
 or the form of government at will, interfere with any of 
 the " unalienable " rights of the citizen, do any one of a 
 thousand things that it never does do. None of its acts 
 can be " unconstitutional," for there is no higher author- 
 ity competent to pronounce them so. In legal theory it 
 is the nation and possesses all of the nation's powers. The 
 Congress of the United States is no such sovereign body. 
 Neither Congress, nor the president, nor both together can 
 move one step beyond the strict limits assigned them by 
 the Constitution. Their powers are carefully enumerated, 
 and any acts done in excess of them are simply void. 
 Sovereign power such as belongs, theoretically at least, to 
 the British Parliament can be exercised in the United 
 States only by the whole body of the people acting in the 
 manner prescribed by the Constitution. 
 
 Different from the Confederation. Between the new 
 government and the old government of the Confederation 
 there were also some radical differences. The new Con- 
 stitution did more than merely strengthen the general 
 government so as to render it efficient. It changed a 
 confederation into a federation — a league of states into 
 a national state. The central government operated no 
 longer upon the states merely, but upon the individual 
 citizen as well. 
 
 Growth of Nationality. To be sure, the Constitution as 
 it existed in 1789 is not exactly the Constitution as it is 
 to-day. It has been developed by amendment, first of all, 
 but even more by interpretation and by custom ; and prac- 
 tically all such development has been in the direction of 
 nationalization, of consolidation. It must be admitted 
 that the federation of 1789 was much looser, much more
 
 198 ACTUAL GOVERNMENT OF NEW YORK 
 
 like the old Confederation, than is the Union of to-day. 
 The public sentiment of the time, which was for the most 
 part indifferent or lukewarm toward the Union and jeal- 
 ously watchful of the prerogatives of the states, demanded 
 such an interpretation of the Constitution as would impose 
 upon the general government the strictest limitations com- 
 patible with efficiency. As time passed, however, and the 
 nation expanded, bringing into the Union new states with 
 no memory of a time when the states were all and the 
 Union naught ; as a network of railroads gradually spread 
 over the country, bringing the people together and making 
 them more homogeneous ; as war with other countries 
 wakened a patriotism wider than state patriotism, and 
 civil war finally swept away the last great barriers between 
 sections — the sentiment of nationality slowly prevailed 
 over local prejudices and attachments. Instead of the old 
 jealousy and distrust of the general government on the 
 part of the states, there grew up a realization of the fact 
 that under the Constitution state government and national 
 government are mutually complementary, that neither 
 usurps the functions of the other, that each is a necessary 
 part of a single scheme. 
 
 Relation between the States and the Union. The 
 peculiar relation existing between the states and the 
 national government is perhaps to the student of politics 
 the most puzzling feature of our Constitution. It will be 
 remembered that under the Articles of Confederation the 
 general government was a government of delegated powers, 
 these powers having been delegated by the states. Under 
 the Constitution the general government may still be said 
 to be a government of delegated powers, but the source 
 of authority is no longer the states but the people of the 
 United States, though the people act through the state
 
 CONSTITUTION: ORIGIN AND NATURE 199 
 
 organization. Further, we may say that during the period 
 of the Confederation the prevalent theory was that the 
 Union had been formed by a mere compact between the 
 states, from which they retained the power of withdrawing 
 at will. From the time of the adoption of the Constitu- 
 tion to the Civil War this theory struggled for supremacy 
 against the opposing opinion that by the ratification of 
 the Constitution the states had become inseparable parts 
 of the Union, to which they had permanently surrendered 
 their sovereignty. Practically, if not theoretically, this 
 question was settled finally by the test of civil war; and 
 since that struggle it is admitted that, whatever other 
 powers the states may possess, they do not possess tjie 
 power of withdrawing from the Union (the right of seces- 
 sion). On the other hand, the states are not mere adminis- 
 trative divisions of the general government, nor are their 
 powers delegated to them by the Constitution. That 
 instrument withholds from them certain powers ; but 
 such functions as they perform, they perform by an in- 
 herent, not a delegated, authority. Within their own 
 spheres they are completely independent, self-governing 
 bodies. Their government " is subordinate only in the 
 sense of being less than national in its jurisdiction." 
 
 Departments of Government. Besides this delicate ad- 
 justment of powers between state and national govern- 
 ment, so that both operate without friction even within 
 the same sphere, perhaps the most remarkable feature of 
 our Constitution is the strict separation of the three great 
 functions or departments of government — the legislative, 
 the executive, and the judicial. By thus separating 
 these three essential functions of government, making 
 them independent and coordinate, and placing in the 
 hands of each the means of defending itself against the
 
 200 ACTUAL GOVERNMENT OF NEW YORK 
 
 encroachments of the other two, the framers of the Consti- 
 tution hoped to secure not only the rights of the individual 
 citizen, but permanency for the form of government estab- 
 lished. They tried to establish a complete system of 
 " checks and balances," so that it would be impossible for 
 any one department to overshadow the others and seize 
 supreme power. For example, the executive power is vested 
 in the president ; but through his veto power he holds a 
 very effective check upon the legislature, while his right 
 of pardon gives him a share of judicial power also. Legis- 
 lative power is vested in Congress ; but the House of Repre- 
 sentatives, through its control of the public purse, and the 
 Senate, through its power of advice and consent in the 
 matter of appointments and treaties, both act as checks 
 upon the executive. Judicial power is vested in the 
 Supreme Court and in such inferior courts as may be es- 
 tablished ; but through the power of the Supreme Court 
 to pass upon the constitutionality of any law, the judicial 
 department acts as a check upon the legislature. Greatest 
 care was taken to make each department as independent as 
 possible of the other two — ■ in the case of the judiciary, by 
 making their tenure of office as secure as possible ; in the 
 case of the other two, by making them responsible, not to 
 each other, but directly to the people (since the Seven- 
 teenth Amendment). 
 
 Stability of the Constitution. Contrary to the expecta- 
 tion of many at the time of its adoption, the Constitution 
 has proved itself extremely stable. The process of amend- 
 ment, while not so difficult as to be impracticable, as was 
 the case with the Articles of Confederation, has neverthe- 
 less proved too cumbersome to be resorted to unadvisedly. 
 As a result the Constitution has been but little changed by 
 amendment, Of the seventeen amendments that have been
 
 CONSTITUTION: ORIGIN AND NATURE 201 
 
 passed, the first ten, often called the Bill of Rights, were 
 passed at one time and might almost be counted as one; 
 next, the Thirteenth, Fourteenth, and Fifteenth, relating to 
 and growing out of the Civil War, are really a unit ; so that 
 it is perhaps not inaccurate to say that the Constitution 
 has really been amended but six times. 
 
 But it has undergone development through the process 
 of judicial interpretation and through custom. Mr. Bryce 
 has said of it, " The constitution as a whole has stood and 
 stands unshaken. The scales of power have continued to 
 hang fairly even. The president has not corrupted and en- 
 slaved Congress ; Congress has not paralyzed and cowed 
 the president. . . . Neither the legislature nor the execu- 
 tive has for a moment threatened the liberties of the people. 
 The states have not broken up the Union, and the Union has 
 not absorbed the states. No wonder that the Americans 
 are proud of an instrument under which this great result has 
 been attained ; which has passed unscathed through the 
 furnace of civil war ; which has been found capable of em- 
 bracing a body of commonwealths more than three times 
 as numerous, and with twentyfold the population, of the 
 original states ; which has cultivated the political intelli- 
 gence of the masses to a point reached in no other country ; 
 which has fostered and been found compatible with a 
 larger measure of local self-government than has existed 
 elsewhere." 
 
 Library References. Harrison, chap, i; Macy, chaps, vi, xxxv; 
 Dawes, pp. 46-59, 406-418; Bryce, Vol. I, chaps, ii-iv; Wilson, 
 §§ 869-884; Hinsdale, chaps, xii-xv; Madison, Journal of Con- 
 stitutional Convention; Federalist; Johnston, pp. 12-14; Curtis, 
 Vol. II, chaps, i-ii; Channing, pp. 259-270; Fiske, American 
 Political Ideas, pp. 57-100; Wilson, Congressional Government, 
 pp. 1-57 ; Hart, pp. 133-135 ; Lalor, Article on Constitution of the 
 United States; Woodburn, pp. 58-93.
 
 202 ACTUAL GOVERNMENT OF NEW YORK 
 
 QUESTIONS ON THE TEXT 
 
 1. Mention two governmental institutions that are derived 
 from England. 
 
 2. Compare the constitution of the United States with the 
 English constitution as to (i) origin, (2) form, (3) susceptibility 
 to change. 
 
 3. What provisions of the Constitution were taken from the 
 various state constitutions? 
 
 4. Mention one respect in which the constitution of the 
 United States differs from that of England. Compare the 
 powers of Parliament and Congress. 
 
 5. Distinguish between confederacy and nation. What kind 
 of government was that of the Continental Congress? 
 
 6. Show how the Constitution changed the relations ''from 
 a league of states into a national state." 
 
 7. Into what three departments are the powers of the 
 United States government divided, and why is this division 
 made? 
 
 8. What is the source of the powers (1) of the United States 
 government, (2) of the state governments? 
 
 9. What was the ordinance of nullification? Of what doc- 
 trine was it an expression? How has this question been finally 
 settled ? 
 
 10. Give Mr. Gladstone's opinion of the Constitution. 
 
 11. Give the substance of Mr. Bryce's statement regarding 
 the working of the Constitution.
 
 CHAPTER XIX 
 
 LEGISLATIVE DEPARTMENT: ITS ORGANIZATION 
 
 The Two Houses. In the United States, legislative power 
 is vested in a Congress consisting of two Houses, called the 
 Senate and the House of Representatives — the first chosen 
 in such a way as to make it representative of the states, 
 that is, representative of the federal idea ; the latter chosen 
 in such a way as to make it representative of the people 
 as a whole, that is, of the national idea. In the Constitu- 
 tional Convention there was almost unanimous agreement 
 that the new Congress should consist of two Houses. The 
 failure of the old Congress of the Confederation, with its 
 single house, the much more satisfactory experience of the 
 states with their two-chamber systems, and, most of all, 
 doubtless, the faith of the convention in the efficacy of 
 a system of " checks and balances," all helped to secure 
 unanimity on this point. It was intended that each House 
 should act as a check upon the other, thus preventing over- 
 hasty or ill-advised legislation. We have already seen whence 
 the names "Senate" and "House of Representatives" were 
 derived, and how it came about that the basis of represen- 
 tation, in the two Houses is different (pp. 186 and 193). 
 
 Number of Members. In size the two branches of the 
 legislature differ greatly, though in neither is the number 
 of members a fixed one. The House of Representatives, 
 sometimes called the lower House, often simply the House, 
 
 203
 
 204 ACTUAL GOVERNMENT OF NEW YORK 
 
 is by far the more numerous. The Constitution provides 
 that the number of representatives shall not exceed one for 
 every thirty thousand of such population as is entitled to 
 representation, though every state is to have at least one 
 representative ; and in order to apportion the representa- 
 tives, provision was made for a decennial census, the first 
 enumeration to be made within three years after the first 
 meeting of Congress. Until the first enumeration should 
 be made, the Constitution arbitrarily apportioned the 
 representatives among the states, making the whole num- 
 ber sixty-five. So long as slavery existed, the population 
 entitled to representation consisted of all free persons, 
 including those bound to a term of service, and excluding 
 untaxed Indians, together with three fifths of the slaves. 
 Since the passing of the Fourteenth Amendment it has con- 
 sisted of the whole number of persons in each state except 
 untaxed Indians. 
 
 Since the meeting of the first Congress the number of 
 members in the House of Representatives has been increased 
 with the increase of population, though not in direct pro- 
 portion. After every decennial census Congress deter- 
 mines what shall be the whole number of representatives, 
 and they are then apportioned among the states according 
 to population. By act of Congress, approved August, 191 1, 
 to take effect March 4, 1913, the number of representatives 
 was fixed at 435, which is in the ratio of one representative 
 to about 220,000 of the population. In the first House the 
 ratio was one for about every 61,000. The criticism is 
 sometimes made that the House has become so large, as to 
 be unwieldy, but it is still small in comparison with the 
 lower houses of the leading European legislatures. In 
 England the corresponding body consists of 670 members ; 
 in France, of 602 ; in Italy, of 508. If a new state is
 
 The United States Senate Chamber (above) and the Chamber 
 or the House or Representatives (below) 
 
 205
 
 206 ACTUAL GOVERNMENT OF NEW YORK 
 
 admitted after an apportionment act is passed, the new 
 members are additional to those provided for by the act. 
 
 Besides the regular representatives from the states, 
 there are in the House delegates from the territories, each 
 organized territory being entitled to one. These delegates 
 have the privilege of speaking on any question affecting 
 their territories, but are allowed no vote. Since represen- 
 tation in the Senate is based on the states and divided 
 among all the states equally, each state being entitled 
 to two senators, that body also increases in size with 
 the admission of every new state. Composed at first of 
 twenty-six members, it now numbers ninety-six. 
 
 The Suffrage. The members of the House of Representa- 
 tives are chosen directly by the people in each state. At 
 the time of the Constitutional Convention the limitations 
 upon the suffrage differed very considerably in the differ- 
 ent states, and it seemed wisest to leave to the states the 
 matter of deciding who should have the right to vote for 
 representatives ; consequently it was provided that the 
 electors (those possessing the right to vote) in each state 
 should have the qualifications necessary for electors of 
 the most numerous branch of the state legislature. By 
 the Fourteenth and Fifteenth amendments of 1868 and 
 1870, however, some restrictions were placed upon this 
 unqualified right of the states to fix the limitations of the 
 suffrage. By the Fifteenth Amendment the s.ates are for- 
 bidden to abridge the right to vote " on account of race, 
 color, or previous condition of servitude," while the Four- 
 teenth brings strong pressure to bear in favor of manhood 
 suffrage by providing for a reduction of the basis of repre- 
 sentation in proportion as any state abridges the franchise 
 of any male citizen twenty-one years of age except for 
 participation in crime. In spite of these restrictions,
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 207 
 
 however, it is possible for the electoral franchise by which 
 the members of the national House of Representatives are 
 chosen to differ widely in the different states. As a matter 
 of fact, the differences are small. There is practically man- 
 hood suffrage everywhere, except for the disqualification in 
 some states of paupers, illiterates, and other defective or 
 delinquent classes. 
 
 Qualifications of Representatives. The qualifications fixed 
 by the Constitution for members of the House of Represent- 
 atives are three: the person 1 chosen must be (1) at least 
 twenty-five years of age ; (2) for seven years or more a 
 citizen of the United States ; and (3), when elected, an inhab- 
 itant of the state from which he is chosen. But universal 
 custom and, in some states, state law have placed a further 
 restriction by requiring the representative to be also a resi- 
 dent of his congressional district. The advisability of this 
 additional qualification has been questioned. In Europe, 
 where this local restriction does not generally exist, it has 
 been found that representatives of one district elected from 
 some other are not less well informed as to local needs 
 or less zealous in behalf of their constituents than those 
 chosen from their own districts. It is argued against the 
 system that it tends to lower the general level of ability in 
 the legislative body, — on the one hand, by returning men of 
 inferior grade from some districts where there is less talent 
 or where the ablest men do not seek to enter politics ; on 
 the other, by barring out men of superior ability in districts, 
 such as those of the large cities in the older states, where 
 able men are more numerous than the places to be filled. 
 In spite of criticism, however, there is a deep-rooted public 
 
 1 In November, 191 6, Montana elected Miss Jeannette Rankin to Congress. 
 She was the first woman elected to that body. She cast her first vote against 
 the declaration of war with Germany. She was not reelected in 1918.
 
 208 ACTUAL GOVERNMENT OF NEW YORK 
 
 sentiment in favor of the restriction. Besides the feeling 
 of local pride, which forbids the supposition that a better 
 candidate could be found outside the district than within 
 it, and the less commendable desire to reward local politi- 
 cal services with such offices, there is a profound belief 
 that no one can understand local needs or be so zealous in 
 behalf of local interests as one residing in the community 
 represented. 
 
 Exclusion of Members-Elect. These are the only restric- 
 tions imposed upon the people in the choice of their rep- 
 resentatives ; but it does not necessarily follow that every 
 representative chosen by a constituency will be seated in 
 the national legislature. The House has more than once 
 asserted its right to exclude members-elect for treason or 
 other crime. During the Civil War an act was passed 
 requiring of persons elected to office a test oath that de- 
 barred great numbers, and Congress has always maintained 
 its right to exclude members-elect in case something in 
 their character or career is strongly condemned by public 
 sentiment. It was on this principle that the House of 
 Representatives acted in January, 1900, when it excluded 
 Brigham H. Roberts of Utah as " a violator of federal law 
 relating to polygamy and its attendant crimes " ; and the 
 Senate in July, 191 1, when it excluded William H. Lorimer 
 of Illinois for employing corrupt methods to secure his 
 election. 
 
 Length of Term. While the term of a representative is 
 fixed by the Constitution at two years, reelection is pos- 
 sible as often as may be pleasing to the constituents. As 
 a matter of fact, however, it is not the general practice, 
 except perhaps in some of the older Eastern states, to re- 
 turn the same man term after term. In order to be even 
 moderately sure of retaining his seat through two or three
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 209 
 
 successive terms, a representative must usually be either 
 a very adroit politician or an eminent party leader. The 
 result is that a congressman's whole period of service in the 
 House is not likely, on the average, to be more than four 
 years, and that at each biennial election the composition 
 of the House is greatly changed, about half the members 
 being new men. This, it is urged on the one hand, is an 
 advantage in a number of ways : rotation in office helps 
 to keep our institutions democratic ; the biennial elections 
 tend to keep the people alive to the political questions of 
 the day ; the shortness of the term assists in preventing 
 any extensive political jobbery ; and the occurrence of an 
 election in the middle of the president's term acts as a 
 check upon him by giving the people, if they wish it, an 
 opportunity to express disapproval of his policy by return- 
 ing a House politically opposed to him. On the other 
 hand, there is at least one unquestionable objection to 
 the shortness of the term : it practically obliges the man 
 who is ambitious for a political career to devote his best 
 energy to the securing of his reelection rather than to the 
 serious study of legislative problems. Mr. Bryce says of 
 this : " No habit could more effectually discourage noble 
 ambition or check the growth of a class of accomplished 
 statesmen. There are few walks of life in which experi- 
 ence counts for more than it does in parliamentary politics. 
 It is an education in itself — an education in which the 
 quick-witted Western American would make rapid prog- 
 ress were he suffered to remain long enough at Washing- 
 ton. At present he is not suffered, for . . . nearly one 
 half of each successive house consists of new men, while 
 the old members are too much harassed by the trouble 
 of procuring their reelection to have time or motive for the 
 serious study of political problems."
 
 210 ACTUAL GOVERNMENT OF NEW YORK 
 
 Elections. The times, places, and manner of holding 
 elections for members of Congress are left by the Con- 
 stitution to the state legislatures, though the right is re- 
 served to Congress to alter such regulations of the state 
 legislatures at any time, " except as to the place of choos- 
 ing senators." Since the adoption of the Constitution, 
 Congress has thought best to fix the time for and define 
 the manner of holding these elections. For the election of 
 representatives the time prescribed is the first Tuesday 
 after the first Monday in November of the even-numbered 
 years. As to the manner of election the practice of the 
 states at first varied, some electing their members by dis- 
 tricts, others electing them on a common ticket for the 
 whole state. This last method, often called election by 
 general ticket or " at large," usually resulted in giving 
 to the party that carried the state the whole number of 
 representatives, though the defeated party might have 
 been almost equal in numbers. Since 1842 the states 
 have been required to elect representatives by districts 
 only, though under certain conditions they are given per- 
 mission to elect by general ticket. The division of the 
 state into districts is left to the state legislatures. 
 
 Gerrymandering. This power of marking out the con- 
 gressional districts has given the state legislatures a very 
 important part in determining the composition of the House 
 by means of the process known as " gerrymandering" ; nor 
 have the restrictions placed upon the states greatly dimin- 
 ished that influence. The process of gerrymandering con- 
 sists in laying out the districts in such a way as to secure 
 for the political party making the division a majority in 
 as many districts as possible. Thus, where a district is 
 in any case hopelessly lost to the gerrymandering party, 
 district lines are manipulated in such a way as to throw
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 211 
 
 into it as large a proportion of political opponents as pos- 
 sible ; where a district is doubtful, it is strengthened by- 
 adding to it some town or section strongly favorable. In 
 interpreting the act of 1872, by which it was required that 
 the territory composing the district should be compact and 
 contiguous, any territory has been regarded as contiguous 
 that touches the district at a single point ; and as a result 
 some districts have been created quite as absurd in contour 
 as that which first gave rise to the term " gerrymander." * 
 In Missouri, in order to throw as great a number of 
 negro voters as possible into a single district, one was 
 created that measured along its windings a greater length 
 than the state itself. Other historic examples are the 
 one-time famous " shoe-string " district of Mississippi 
 (500 miles long by 40 broad), the " dumb-bell " district of 
 Pennsylvania, and the "monkey-wrench" district of Iowa. 
 
 Representatives at Large. If, after a census, the num- 
 ber of representatives in any state has been increased, and 
 the legislature fails to redistrict the state before the next 
 congressional election, the additional representatives are 
 chosen on a general ticket and are known as " representa- 
 tives at large." 
 
 Vacancies. In case a member wishes to resign for any 
 reason, he does so by letter to the governor of his state. 
 If a seat becomes vacant by the death, resignation, or ex- 
 pulsion of a member, the governor issues a writ for a new 
 election. 
 
 ' The name is said to have had its origin in an incident connected with 
 the redistricting of Massachusetts by the Republican legislature in 181 1, 
 while Elbridge Gerry was governor. In the redistribution one of the dis- 
 tricts had assumed a somewhat lizard-like form. This was shown on a map 
 hanging over the desk of the editor of an opposition paper. The painter, 
 Gilbert Stuart, happening to observe the figure, promptly added head, wings, 
 and claws, remarking, "That will do for a salamander." "Better say a 
 Gerrymander," replied the editor, and the word passed into the language.
 
 212 ACTUAL GOVERNMENT OF NEW YORK 
 
 Election Expenses. There are always, of course, expenses 
 connected with an election — some necessary (for example, 
 for clerks, polling booths, printing, etc.) ; some perhaps 
 not absolutely necessary, yet regarded as quite legitimate ; 
 some entirely illegitimate. The official expenses are paid 
 out of the public treasury. The total expense varies greatly 
 from district to district. In some districts it is very small ; 
 in other warmly contested districts, especially in large 
 cities, it mounts up into the thousands of dollars. It is 
 certain that bribery is resorted to more or less frequently, 
 but circumstances make proof of the offense so difficult 
 that an election is not often contested on that ground. 
 The power of deciding contested election cases rests with 
 the House, which does not meet until a year after the elec- 
 tion. Since such a contest is likely to drag over the greater 
 part of the first session, there is a general disinclination to 
 enter upon it, the shortness of the term making it seem 
 hardly worth while. 
 
 The House : Officers. The first business before a new 
 Congress is naturally the business of organization and the 
 election of officers. In the House these officers are Speaker, 
 clerk, sergeant at arms, doorkeeper, postmaster, and chap- 
 lain, only the first of whom is a member of the House. The 
 term of the Speaker expires with the Congress that elected 
 him ; the other officers hold over until their successors are 
 chosen. In the organization of a new House the clerk of 
 the preceding one plays an important part. It is his busi- 
 ness to make up the roll of the new House from the certified 
 returns of the states, and in doing this he is obliged to en- 
 roll all who hold regular certificates, even though a question 
 of their validity has been raised. Thus, even those whose 
 seats are contested take part in the organization of the 
 House. Until the House elects a Speaker, the clerk of the
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 213 
 
 old House also acts as presiding officer and is expected in 
 his rulings to deal fairly with all concerned. In case, as 
 sometimes happens, the election of a Speaker is more than 
 a formal ratification by the House of a choice made in the 
 caucus of the majority party, this duty of presiding may 
 make the clerk of the House for a time an important figure 
 politically. The ordinary duties of the clerk are to keep a 
 record of all questions of order that arise, to certify to the 
 passage of bills, to keep an account of disbursements, to 
 keep the House journal and take charge of its printing. 
 
 The duties of the doorkeeper, postmaster, and chaplain 
 are sufficiently indicated by their names. To the ser- 
 geant at arms is intrusted the task of keeping order in 
 the House. He also acts as paymaster of the house, pay- 
 ing members and delegates their salaries and mileage. The 
 Speaker is the most important officer in the House. In- 
 deed, he has been called " the second if not the first political 
 figure in the United States." Since his special duties and 
 powers will be described in another connection (pp. 278- 
 280), it will here suffice to say that he performs in the House 
 the usual duties of a presiding officer, and calls a member 
 to the chair when the House resolves itself into a " com- 
 mittee of the whole," that is, when it changes itself from a 
 legislative to a deliberative assembly in order to consider 
 particular questions before taking legislative action upon 
 them. 
 
 Method of Choice. Nominally the officers of the House 
 are chosen directly by the House ; actually they have al- 
 ready been chosen before the House takes action in the 
 matter. The real choice is made at a caucus of the major- 
 ity party, where a list of the officers is agreed upon. When 
 these nominations are made in the House, the party votes 
 solidly for them and the election is of course assured. To
 
 214 ACTUAL GOVERNMENT OF NEW YORK 
 
 be sure, the majority could, if it chose, reject the decision 
 of the caucus ; but it does not choose, so that the election 
 by the House virtually amounts to a mere formal ratifica- 
 tion of the choice made in the caucus. 
 
 The Senate : its Origin and Character. Turning now 
 to the Senate, we find ourselves dealing with a body in some 
 respects very different in character from the House of Rep- 
 resentatives. It is often supposed that the Senate had its 
 origin in the necessity for conciliating the small states. As 
 we have already seen, this is an erroneous idea (p. 187). 
 From the first there was practically unanimous agreement 
 in the Constitutional Convention that the national legis- 
 lature should consist of two Houses. Some sort of Senate 
 we should have had in any case. When the necessity for 
 conciliating the small states arose out of the question as to 
 what should be the basis of representation in the national 
 legislature, it did nothing but determine the form of the 
 Senate. It made it representative of the federal idea (the 
 idea that this is a union of states), which is just as true 
 and just as important as the national idea (the idea that 
 the people of the United States collectively form a single 
 nation, one and indivisible). Ever since the convention 
 the provision of the Constitution giving the states equal 
 representation in the Senate has found opponents. It is 
 argued that it is not fair, not in keeping with democratic 
 institutions, that Nevada, for instance, with her 98,726 x 
 inhabitants, should have as much legislative power in the 
 Senate as New York with her 9,773,81 7. l The criticism 
 overlooks the fact that the framers of our Constitution 
 did not intend to form a simple democratic government for 
 a consolidated state. They were building a federal state. 
 Certainly, aside from the fact that for the framers of the 
 
 1 Census of 1915.
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 215 
 
 Constitution it was a practical necessity, the plan of equal 
 representation of the states in the Senate offers advantages. 
 It gives a real justification for the division of the legislature 
 into two Houses, by providing a distinctly different basis of 
 representation ; and it forms a link between the state and 
 national governments. 
 
 The Senate : Constitutional Provisions. The constitu- 
 tional provisions determining the character and organiza- 
 tion of the Senate may be summed up very briefly. The 
 significance of some of them will have to be considered 
 more at length. According to the Constitution the Senate 
 is to be composed of two senators from each state, chosen 
 by the people, 1 for a term of six years. Any person so 
 chosen must have attained the age of thirty years, must 
 have been for nine years a citizen of the United States, 
 and must, when elected,- be an inhabitant of the state 
 from which he is chosen. It was provided that after the 
 first election the senators were to be divided as equally 
 as possible into three classes, the first to retain their seats 
 for two years, the second for four, and the third for six, so 
 that one third of the Senate might be chosen every second 
 year. When vacancies occur in the representation of any 
 state, the executive of such state issues writs of election 
 to fill such vacancies. The state legislature may authorize 
 the governor to make temporary appointments pending 
 the election to fill vacancies. The vice president of the 
 United States is to be president of the Senate, but has no 
 vote except in case of a tie. The Senate is to elect also a 
 president pro tempore (who presides when the vice president 
 is absent) and such other officers as it chooses. Every 
 senator is to have a vote ; that is, the vote in the Senate 
 is to be by individuals, not by states. 
 
 1 See Seventeenth Amendment, p. Ixxiii.
 
 216 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Senate : Objects Aimed At. It is interesting to note 
 how these provisions have determined the character of the 
 Senate, sometimes resulting as the framers of the Constitu- 
 tion intended that they should, sometimes giving most un- 
 expected results. Their main object was to create in the 
 Senate a dignified, conservative body possessed of practical 
 experience and superior intellectual ability, which was to 
 act as a check both upon the " democratic recklessness" of 
 the House and the " monarchical tendencies " of the execu- 
 tive. It was hoped that the higher age qualification would 
 result in sending to the Senate men of wider information 
 and greater stability of character than that ordinarily pos- 
 sessed by members of the House, while the indirect manner 
 of election (changed by the Seventeenth Amendment) and 
 the length of the term were intended to secure greater in- 
 dependence of action than was possible or desirable in the 
 lower House. In order that it might be an effective check 
 upon the executive, it was deemed necessary that the 
 Senate should be made to share to a certain extent execu- 
 tive power. Hence its comparatively small size. This, 
 too, was the primary reason for the division of the Senate 
 into classes. One of its chief executive functions is to 
 share in the management of foreign affairs — a function 
 that can be satisfactorily performed only by a body pos- 
 sessing sufficient permanency to assure a certain continuity 
 of policy. By retiring only one third of the Senate every 
 two years such permanency is secured. A " new House " 
 is created every second year; a " new Senate " never. 
 
 Election of Senators. Of those clauses of the Constitu- 
 tion dealing with the Senate, the one providing for a method 
 of electing the senators was perhaps the most conspicuous 
 failure. The Constitution provided simply that they were 
 to be elected by the state legislatures, the time and manner
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 217 
 
 of holding such elections being left to the decision of the 
 states, though the right was reserved to Congress " to 
 make or alter such regulations by law " at any time. Up 
 to 1866 Congress took no action in the matter. Then a 
 federal law was passed providing a uniform method of 
 election. This required that each House should first vote 
 separately for the election of a senator. If the choice of 
 both Houses did not fall upon the same person, they were 
 to meet in joint session and take a viva voce vote, a majority 
 of each House being present and a majority of the whole 
 legislature being required for election. If there was still 
 no election, the joint assembly must meet on each succeed- 
 ing day and take at least one vote until a choice was made. 
 These provisions so often resulted in abuse of various kinds 
 (the deadlock, the breaking of a quorum, etc.) that agita- 
 tion arose in favor of direct election of senators, and a 
 number of the state legislatures formally recorded their 
 approval of the plan. 
 
 Movement toward Direct Election by the People. The 
 objections urged against the election of United States 
 senators by the state legislatures were by no means trifling. 
 The tendency was unquestionably to carry the strife of 
 national parties into the state legislatures and there to 
 make national party interests paramount, to the detriment 
 of state interests. This method of election was charged 
 " with the deterioration of state legislatures, with the 
 growth of machine rule, with the purchasability of senator- 
 ships, and with the decline of the United States itself." 
 Various methods of securing something like a direct elec- 
 tion began to be used. The choice of senator was fre- 
 quently made through the expression of the party caucus, 
 later ratified by the majority party in the state legislature, 
 thus bringing the actual election one step nearer to direct
 
 218 ACTUAL GOVERNMENT OF NEW YORK 
 
 election by the people. This was done in response to the 
 demand of the people to choose their own representatives 
 in the Senate, and undoubtedly influenced Congress to 
 propose the amendment to the Constitution providing for 
 the direct election of senators by the people at general 
 elections. Another method which had its influence on 
 Congress was the practice of the state of Nebraska. In 
 that state, voters, when voting for members of the state 
 legislature, were permitted " to express by ballot their 
 preference for some person for the ofhce of United States 
 senator." The votes cast for such candidates were can- 
 vassed and returned in the same manner as for state ofhcers. 
 Where such a system prevailed, any party could propose a 
 qualified candidate for senator and secure an expression of 
 popular approval or disapproval throughout the state. Of 
 course, the legislature was not then bound by law to elect 
 a candidate who might have been indicated, in such a man- 
 ner, as the people's choice ; but the political power of any 
 unmistakable expression of popular opinion is very great, 
 and such an expression would naturally be ratified in the 
 state legislature. It was also quite generally the custom 
 in the Southern states to nominate United States senators 
 at the primaries, and such nominations were considered 
 morally binding upon the state legislature. 
 
 The Seventeenth Amendment and Direct Election. 
 Several times a resolution for an amendment to the Constitu- 
 tion to procure the direct election of senators by the people 
 passed the House but failed in the Senate. Finally the 
 second session of the Sixty-second Congress passed a resolu- 
 tion (191 2) approving a constitutional amendment for this 
 purpose. The amendment had to be ratified by three 
 fourths of the state legislatures (see Art. V, p. lxvii). This 
 was done, and the state of Georgia was the first to choose
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 219 
 
 a senator under the provisions of this amendment (July, 
 1913). In 1915 the terms of one third of the members of 
 the Senate expired. At the general election in November, 
 1914, their successors were elected by direct vote of the 
 people. 
 
 The Senate : its Officers. The officers of the Senate, 
 except the president, are chosen by that body. They are 
 president, president pro tempore, secretary, chief clerk, 
 sergeant at arms, chaplain, postmaster, librarian, and door- 
 keeper. None of these except the president pro tempore is 
 a member of the Senate. As we have already seen (p. 215), 
 the vice president of the United States is ex officio president 
 of the Senate. He cannot vote except in case of a tie, nor 
 does he appoint the committees, they being chosen by the 
 Senate. The president pro tempore, on the other hand, has 
 a vote on any question, but cannot cast the deciding vote 
 in case of a tie. The vice president, having taken the oath 
 of office at his inauguration, takes up his duties as presiding 
 officer on the first day of the session and administers the 
 oath of office to the new senators. 
 
 Privileges of Members of Congress. The members of 
 both Houses are by the Constitution granted certain privi- 
 leges, on the one hand, and subjected to certain restrictions, 
 on the other. Except in the case of treason, felony, or 
 breach of the peace they are exempt from arrest while 
 attending sessions of the legislature or while going to or 
 coming from such meetings ; and they cannot be subjected 
 to question outside the legislature for any speech or debate 
 uttered there. The object of taking this extraordinary pre- 
 caution to secure freedom of person and freedom of speech 
 to a member of Congress is of course to prevent his dis- 
 trict from being actually deprived of its representation by 
 means of a false charge against him, or practically deprived
 
 220 ACTUAL GOVERNMENT OF NEW YORK 
 
 of it by muzzling his utterances. Besides thus securing 
 them special privileges, the Constitution provides that 
 congressmen shall be paid for their services out of the 
 federal treasury. The question as to whether salaries 
 should be paid to the national legislators was warmly dis- 
 cussed in the Constitutional Convention. English practice 
 was opposed to it; the practice of the states favored it. 
 The convention followed the example set by the states, 1 
 partly in the belief that men of ability might thus be en- 
 abled to enter the public service who would otherwise be 
 debarred by poverty, partly with a feeling that the salary 
 might be a means of making positions in the national legis- 
 lature attractive enough to compete with those of the 
 state legislatures. The Constitution left the amount of the 
 salary to be determined by law, and it has been changed 
 several times. Both senators and representatives receive 
 $7500 per year, with 20 cents per mile for traveling ex- 
 penses to and from Washington, and $125 for stationery. 
 Each senator is allowed $1800 per year, and each repre- 
 sentative $1500 per year for a clerk. The Speaker of the 
 House receives $12,000 per year and mileage ; the president 
 pro tempore the same while acting as president of the 
 Senate. 
 
 Disabilities. On the other hand, members of the federal 
 legislature are disqualified for appointment to " any civil 
 office under the authority of the United States which shall 
 have been created, or the emoluments whereof shall have 
 been increased " during their term of service ; and United 
 States officials cannot become members of the national 
 legislature and at the same time continue in office. The 
 object of the first part of this provision was to remove a 
 
 1 Bryce presents the arguments on the other side. See Vol. I, pp. 194- 
 195 and note.
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 221 
 
 possible temptation on the part of members to create offices, 
 or increase the salaries attaching to offices already existing, 
 for the sake of profiting by them personally. The last part 
 is another example of concession made to appease state 
 jealousy, the states fearing that the admission of United 
 States officials to seats in Congress would give the national 
 government undue influence over the states. 
 
 Sessions of Congress. The time fixed by the Constitu- 
 tion for the meeting of Congress is the first Monday in 
 December. As we have already noted (p. 210), the elec- 
 tions for members of the House fall in November of the 
 even-numbered years, but the House elected at that time 
 does not meet until December of the following year. There 
 are two sessions of each Congress : the first, or long, session, 
 beginning the first Monday in December a year after elec- 
 tion and continuing usually until midsummer, though it 
 would be possible for it to continue until December ; and 
 the second, or short, session, beginning likewise in December 
 one year after the opening of the first session and continu- 
 ing until the fourth of March following, when the Congress 
 expires. Thus it will be seen that one session of each 
 Congress is held after its successor has been elected, and 
 that it is possible for the expiring Congress to pass legis- 
 lation of which the people have already expressed disap- 
 proval by electing a House of a different political complexion. 
 Bills may carry over from the long to the short session in 
 the House and perish with the arrival of March 4, but 
 Senate bills do not die by the passing of time. The daily 
 sessions last usually from noon until four or six o'clock, 
 but may be, and often are, prolonged until late at night, 
 particularly toward the end of the session. Each Congress 
 exists for two years and has two sessions. The Sixty-fifth 
 Congress began on the first Monday in December, 19 17.
 
 222 ACTUAL GOVERNMENT OF NEW YORK 
 
 Quorum. It is provided by the Constitution that a 
 majority of each House shall constitute a quorum, but a 
 smaller number may adjourn from day to day and may 
 compel the attendance of absent members. There has 
 been some discussion as to whether " a majority of each 
 House " means a majority of the whole number that might 
 possibly be elected or a majority of those who are actually 
 members — ■ in other words, whether vacancies should be 
 counted. The view has generally been held that they 
 should not. In case there is no quorum, and fifteen mem- 
 bers and the Speaker are present, they may proceed to 
 compel the attendance of absentees by closing the doors 
 of the House, calling the roll, noting the absent members, 
 and then by a majority vote of those present authorizing 
 the sergeant at arms to arrest and bring into the House 
 such members as have no sufficient excuse for absence. 
 
 Procedure. Each House is given the power of determin- 
 ing its own rules of procedure and of enforcing them by 
 punishing disorderly members even to the extent of ex- 
 pelling them, but the concurrence of two thirds of the 
 House is necessary for expulsion. In order that the public 
 may be kept informed of the proceedings of Congress, each 
 House is required to keep a journal and to publish it from 
 time to time, " excepting such parts as may in their judg- 
 ment require secrecy." The debates, however, are pub- 
 lished daily in the Congressional Record, not in the journal. 
 
 Adjournment. In the matter of adjournment the Con- 
 stitution provides that " neither House, during the session 
 of Congress, shall, without the consent of the other, adjourn 
 for more than three days, nor to any other place than that 
 in which the two Houses shall be sitting." This provision 
 is designed to prevent the blocking of legislation by the 
 adjournment of one of the Houses. If the two Houses can
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 223 
 
 come to no agreement as to the time of adjournment, the 
 president may adjourn them to such time as he deems 
 proper. 
 
 Comparison with Congress of the Confederation. We 
 have already noted the significance of some of the differ- 
 ences between the Congress created by the Articles of Con- 
 federation and that created by the Constitution. It may 
 be well here to summarize briefly the chief differences in 
 the organization of the two bodies. 
 
 (1) The Congress of the Confederation consisted of a 
 single House ; that created by the Constitution consists 
 of two Houses. 
 
 (2) Under the Confederation each state was entitled to 
 representation through delegates ranging from two to 
 seven in number ; under the Constitution members are 
 apportioned according to population in the House, and by 
 states in the Senate, two for each state. 
 
 (3) Under the Confederation the terms of delegates were 
 one year in length ; under the Constitution representatives 
 serve two years, senators six. 
 
 (4) Under the Confederation delegates were chosen from 
 each state as the legislature of the state might direct; 
 under the Constitution representatives and senators are 
 elected by the people. 
 
 (5) Under the Confederation each state had but a single 
 vote, no matter what the number of delegates ; under the 
 Constitution each senator and representative has his in- 
 dividual vote (that is, Ohio 24, New York 45, etc.). 
 
 (6) Under the Confederation the salaries of delegates 
 were paid by the states ; under the Constitution they are 
 paid by the United States.
 
 224 ACTUAL GOVERNMENT OF NEW YORK 
 
 Library References. Macy, chap, xxxiii, pp. 211-217; Macy, 
 First Lessons, chap, xvii; Dawes, chap, h, pp. 1 19-127, 139-141 ; 
 Bryce, Vol. I, chaps, x, xii-xiii, xix; Hinsdale, chaps, xvii-xx, xxiii ; 
 Wilson, §§ 1054-1061, 1 064-1073 ; Federalist; Madison, Journal of 
 Convention; Fiske, pp. 220-228; Harrison, chaps, ii-iii ; Curtis, 
 Vol. I, chaps, xxii-xxiii, xxv; Wilson, Congressional Government, 
 pp. 219-230 ; Dole, chap, xii ; Alton, chaps, ii-iii, viii ; Lalor, Articles 
 on Gerrymander, Senate, House of Representatives; Woodburn, pp. 
 196-210, 214-222, 230-231, 239-243, 246-255. 
 
 QUESTIONS ON THE TEXT 
 
 1. Describe the legislative department of the national 
 government. 
 
 2. Why was it thought best to have Congress consist of 
 two Houses ? What are the advantages of having two branches 
 in Congress? 
 
 3. Give in substance the provision of the Constitution in 
 reference to apportionment of representatives. 
 
 4. How is the number of members composing the House 
 of Representatives determined? State the number composing 
 the present House. When may this number be increased? 
 
 5. What state has the largest number of members in the 
 House of Representatives? Why? 
 
 6. How are members of the lower House elected? 
 
 7. State the qualifications required for membership in the 
 House of Representatives, and explain the importance of two 
 of these requirements. 
 
 8. How long is the term of office of a member of the House 
 of Representatives? 
 
 9. How are vacancies in the office of representative filled? 
 
 10. Define bribery. 
 
 11. Mention the principal duties of the Speaker of the House 
 of Representatives. 
 
 12. State the basis of representation in (1) the Senate; 
 (2) the House of Representatives. Why this difference?
 
 LEGISLATIVE DEPARTMENT: ORGANIZATION 225 
 
 13. State the conditions of eligibility to the office of senator. 
 
 14. Give with respect to a senator (1) length of term; 
 (2) minimum age ; (3) salary ; (4) duties. 
 
 15. One third of the members of the Senate are chosen once 
 in two years. Give reasons for the gradual change in member- 
 ship. 
 
 16. Explain why the Constitution provides that the term of a 
 member of the House of Representatives shall be shorter than the 
 term of a senator. 
 
 17. How are senators elected? By what amendment was 
 this secured? Give the principal arguments for and against 
 the election of senators by direct vote of the people. 
 
 18. State how the president pro tempore of the Senate is 
 chosen, and mention one duty. 
 
 19. How do the two Houses of Congress differ as to the way 
 in which the presiding officer is chosen? 
 
 20. Under what circumstances are the presiding officers in 
 Congress entitled to vote? 
 
 21. Mention two privileges conferred by the Constitution on 
 senators and representatives in Congress, and give a reason for 
 each provision. 
 
 22. What privilege have members of Congress as to arrest, 
 and why is this privilege given them ? 
 
 23. How often does Congress meet ? 
 
 24. Define " quorum " ; "majority"; "plurality." What is 
 meant by the "Sixty-fourth Congress"? 
 
 25. In what respects did Congress under the Confederation 
 differ from Congress under the Constitution? 
 
 26. Explain the following : " Each Congress exists for two 
 years and has two sessions." 
 
 27. When may the president adjourn Congress ? Has this 
 ever occurred ?
 
 CHAPTER XX 
 
 LEGISLATIVE DEPARTMENT: ITS POWERS AND 
 LIMITATIONS 
 
 The Taxing Power. When the makers of our Con- 
 stitution, in drafting the document, came to assign powers 
 to the Congress for which they had provided, they dealt 
 first of all with those powers relating to the matter of 
 money, and they placed at the head of the list the power 
 " to lay and collect taxes, duties, imposts, and excises." 
 Experience under the Articles of Confederation had taught 
 them the absolute necessity of placing the power of taxa- 
 tion in the hands of the central government, if it were to 
 continue to exist. They had learned that no government 
 can in any true sense be a government — that it cannot 
 even continue to be — unless it has the power of securing the 
 means for its own continuance. This power is to a govern- 
 ment what the power of securing food is to an individual 
 of the animal world. However highly endowed in other 
 respects, if it lacks this, it must soon succumb. The power 
 of taxation is the ultimate means through which govern- 
 ment accomplishes the objects for which it exists. This 
 the framers of the Constitution recognized, for in clothing 
 Congress with this power they stated that it was in order 
 that it might " pay the debts and provide for the common 
 defense and general welfare of the United States." 
 
 Taxes: Classification. What, then, are these "taxes, 
 duties, imposts, and excises " that Congress is empowered to 
 
 226
 
 The Arrowrock Dam, Boise, Idaho (above), and One of 
 the Great Government Irrigating Canals (below) 
 
 These great projects, constructed by our government, have made fertile 
 
 hundreds of thousands of acres of desert land 
 
 227
 
 228 ACTUAL GOVERNMENT OF NEW YORK 
 
 lay and collect ? How do they differ from each other, and how 
 are they laid and collected? "Tax" is the general name 
 for money demanded by government for public purposes 
 from those under its authority. Duties, imposts, and ex- 
 cises are all taxes. Taxes are divided into two general 
 classes — -direct and indirect. A tax is direct when it is 
 paid by the person from whom government demands it — 
 for example, poll taxes and taxes on land, property, or 
 income. Indirect taxes " are those which are demanded 
 from one person in the expectation and intention that he 
 shall indemnify himself at the expense of another," that is, 
 they are levied on goods before they reach the person who 
 uses them, and are paid by him as a part of the price, not 
 as a tax. Duties, imposts, and excises are indirect taxes. 
 With the exception of an income tax, provided for by the 
 Sixteenth Amendment, direct taxes in the United States 
 are levied only by state and municipal governments, the 
 revenue for the general government being largely derived 
 from indirect taxes; but Congress has at various times levied 
 direct taxes. The reason for the discontinuance of direct 
 taxes is that under present constitutional requirements a 
 direct tax is apt to work injustice to some sections. Con- 
 gress may levy an income tax but is forbidden by the Con- 
 stitution to lay any other direct tax except in proportion to 
 population. If, then, one state has twice as many inhab- 
 itants as another, it must pay twice as large a share of any 
 direct tax that may be levied. That seems just at first 
 sight, but as a matter of fact the state that has twice as 
 large a population as another has in general more than 
 twice as much wealth, so that the tax falls more heavily on 
 the less populous states. 
 
 Indirect Taxes : Duties. It is, then, in indirect taxes 
 that we are chiefly interested. Duties (also called
 
 LEGISLATIVE DEPARTMENT: POWERS 229 
 
 customs) are taxes laid upon goods exported or imported. 
 The term " imposts " is by some writers restricted to duties 
 upon imports, but the distinction is not generally made. 
 Since Congress is forbidden by the Constitution to tax 
 articles exported from any state, duties in the United 
 States are always import duties. They are of two kinds — 
 specific and ad valorem. Specific duties are fixed amounts 
 of taxation laid upon the unit of measurement of the 
 article taxed ; that is, the duty is chargeable by quantity, 
 weight, or number. An ad valorem duty is one levied at 
 a certain rate per cent on the value of the commodity taxed ; 
 that is, the duty is chargeable according to the value of 
 the article. Sometimes both a specific and an ad valorem 
 duty are levied upon the same article. 
 
 The Tariff. In order that duties may be imposed as 
 desired, the government sees to it that a list of goods, 
 with the duties to be paid on them, is made out and placed 
 in the hands of the proper officials. Such a list is called 
 a tariff or a tariff schedule. The term " tariff " is applied 
 also to the duties imposed according to such a list (that is, 
 to the resulting revenue), as well as to a law regulating im- 
 port duties. Tariff questions have played a very important 
 part in the history of the United States, becoming at times 
 the main point at issue between the two great political 
 parties. Such questions arise out of differences of opinion 
 as to what should be the purpose of government in impos- 
 ing duties. When a duty is laid upon an imported article, 
 the importer simply increases the price of it sufficiently 
 to indemnify himself for the amount paid to the govern- 
 ment. 1 Thus the price may be increased to such an extent 
 
 1 In theory, a tariff for any purpose is added to the price of the goods 
 to the consumer. In fact, however, competition between producers in the 
 same country, advantages in transportation, and the law of supply and
 
 230 ACTUAL GOVERNMENT OF NEW YORK 
 
 that if the article can be produced in this country at all, it 
 will be cheaper to produce it here than to buy it abroad. 
 In this way a new industry may be created, or an existing 
 one that was in danger of being forced out of existence may 
 be enabled to continue. This policy of creating or foster- 
 ing home industries by means of the imposition of duties 
 is known as the policy of protection, and those who be- 
 lieve that it is the duty of government to maintain such a 
 policy are called protectionists. Their opponents, the so- 
 called free traders, do not generally insist upon a policy 
 of absolute free trade. They admit that Congress has the 
 right to impose duties, but insist that they should be 
 for the purpose of producing revenue only. 
 
 Excises. The other kind of taxes through which the 
 government obtains revenue for its support is that 
 known as excises. These are taxes levied upon the con- 
 sumption, sale, or manufacture of commodities within the 
 country. The revenue resulting from them is known as 
 " internal revenue." Liquors and tobacco are the commod- 
 ities most commonly subjected to this kind of taxation, 
 but are by no means the only ones. When it became nec- 
 essary, in order to pay the expenses of the Spanish- Ameri- 
 can War, for the government to secure additional revenue, 
 the list of articles producing internal revenue was greatly 
 increased. A tax was levied on bankers and brokers, on 
 all sorts of proprietary articles (patent medicines, perfumes, 
 etc.), and on legal documents (such as bank checks, tele- 
 graph and telephone messages, express receipts, etc.). These 
 documentary taxes were collected by requiring that a 
 stamp * be affixed to the documents. 
 
 demand so modify the theory that in many cases the price to the consumer 
 is equal to or less than the foreign price. 
 
 1 A later instance is the stamp tax of 1914, levied to meet the deficit in 
 revenue due to a reduction in imports caused by the European War.
 
 LEGISLATIVE DEPARTMENT: POWERS 231 
 
 Collection of Taxes. Considerable expense attaches to 
 the collection of these federal taxes. In order to collect the 
 import duties, the government has designated certain places 
 along the coasts and other boundaries to be used as ports 
 of entry. At these places customhouses are established in 
 charge of officials known as collectors of customs, who, 
 with their assistants, called inspectors, are charged with 
 the duty of examining goods coming into the country and 
 assessing the duties upon them according to the existing 
 tariff rates. At New York, the principal port of entry in 
 the United States, nearly two thousand officers and clerks 
 are employed in this work. Besides customhouse em- 
 ployees, the government is obliged also to keep in its serv- 
 ice a large number of special agents and revenue cutters 
 to prevent smuggling, as the illegal importation of duti- 
 able commodities is called. The collection of excises 
 is under the supervision of the Commissioner of Internal 
 Revenue, who is the head of one of the bureaus of the 
 Treasury Department. The country is divided into revenue 
 districts, each district in charge of a collector, whose duty 
 it is to see that the laws are enforced in his district. 
 
 The Power to Borrow. Next after the power of taxa- 
 tion, the Constitution places in the hands of Congress the 
 power " to borrow money on the credit of the United 
 States." Under normal conditions every well-regulated 
 government is able to provide the means for its support 
 by the ordinary methods of taxation ; but emergencies, 
 such as war, requiring suddenly increased expenditures, 
 may arise, and the government must then obtain revenue 
 either by additional taxation or by borrowing or by both. 
 Of course all money borrowed by the government must 
 ultimately be paid by taxation, so that the two are closely 
 connected. Borrowing only shifts a part of the burden
 
 232 ACTUAL GOVERNMENT OF NEW YORK 
 
 of taxation to a later date, to the shoulders of a later 
 generation in most cases. The ordinary method employed 
 by government for borrowing money is the sale of bonds. 
 A government bond is the same in nature as a promissory 
 note given by an individual when he borrows money. It 
 is the government's promise to pay a certain sum at a 
 certain time, with interest. Sometimes bonds are made pay- 
 able at the option of the government after a certain mini- 
 mum number of years, but fall due within a certain 
 maximum number. The United States government has 
 also borrowed money by issuing treasury notes. These are 
 not really different in character from bonds, but they are 
 generally smaller in denomination and run for shorter 
 periods. A third method is that employed by the gov- 
 ernment in the legal-tender acts of Civil War times. These 
 acts really provided for a forced loan from the people. 
 Congress authorized the issue of a large number of United 
 States notes, which it declared legal tender; that is, this 
 money must be accepted in the payment of debt. 
 
 Money: its History. Another important power vested 
 in Congress is the power of coining money and regulating its 
 value and that of foreign coin. This is not the place to 
 enter upon a detailed discussion of the origin and history 
 of money. It will be sufficient to note that as soon as 
 trade begins to develop, men begin to feel the need for 
 some convenient medium of exchange, that is, for some sort 
 of money. Different substances have been used for this 
 purpose among different peoples at various times, but metals, 
 and particularly gold and silver, have been found most 
 convenient and have been generally adopted. At first the 
 mere bits of metal were used, their value being determined 
 by weighing. Later they were wrought into some sort of 
 form and marked in some way to indicate their weight ; in
 
 LEGISLATIVE DEPARTMENT: POWERS 233 
 
 other words, they were coined ; but this process, being at 
 first in private hands, could give neither uniformity nor as- 
 surance of value. Thus governments began to assume this 
 function of coinage, and the government stamp became a 
 pledge of the value of the coin. 
 
 Power of Coinage. United States Money. At the time 
 of the adoption of the Constitution there was no uniform 
 monetary system in the country ; the money in circulation 
 consisted of a variety of foreign coins — Spanish dollars, 
 English shillings, etc. ; and the need for uniformity had 
 become obvious. This was secured by vesting in Con- 
 gress alone the power of coining money and regulating 
 its value. The actual process of coining money is carried 
 on by the government at its mints. Of these the first was 
 established at Philadelphia in 1792, and this still remains 
 the principal one. Since then mints have been established 
 at San Francisco, New Orleans, Denver, and Carson 
 City. The government also maintains a number of assay 
 offices — places where gold and silver are brought to be 
 tested for the purpose of determining their purity. The coin- 
 age of money is under the direction of one of the bureaus of 
 the Treasury Department, known as the United States Mint. 
 The officer in charge of this bureau is called the director 
 of the mint. Gold, silver, nickel, and bronze are the metals 
 used in coins. At present the gold coins issued from the 
 mints of the United States are the double eagle, eagle, half 
 eagle, and quarter eagle; the silver coins are the dollar, 
 half dollar, quarter dollar, and dime ; the minor coins 
 are the nickel and one-cent piece. The gold coins and 
 the silver dollars have been declared legal tender for 
 any amount, except when the contract stipulates other- 
 wise ; the smaller silver coins, in sums not exceeding ten 
 dollars ; the other coins, up to twenty-five cents. Besides
 
 234 ACTUAL GOVERNMENT OF NEW YORK 
 
 its coins the United States also issues paper money, 
 made at the Bureau of Printing and Engraving under the 
 direction of the Treasury Department. The kinds of paper 
 money now in circulation are United States notes, silver 
 certificates, gold certificates, treasury notes of 1890, national 
 bank notes, and notes of the Federal Reserve banks. 
 
 Counterfeiting. We have seen that the power of con- 
 trolling the monetary system of the country was put into the 
 hands of Congress in order that the people might be able to 
 count upon its uniformity and the value and genuineness of 
 the money issued. To accomplish this fully it was neces- 
 sary that another power should be granted to Congress — 
 namely, the power " to provide for the punishment of coun- 
 terfeiting the securities and current coin of the United 
 States." To counterfeit anything is "to make a copy of 
 it without authority or right, and with a view to deceive 
 or defraud by passing the copy as original or genuine." 
 In the matter of money the law regards it as counterfeiting 
 either (1) to manufacture, (2) to put into circulation, or 
 (3) to have in possession with intent to circulate forged 
 coins or securities of the United States. The forged coins 
 may be of equal weight and purity with those of the 
 government ; they are none the less counterfeit. By the 
 term " securities of the United States " is meant the bonds, 
 paper money, etc. mentioned above, together with postage 
 and revenue stamps. So important is it that the genuine- 
 ness of the nation's money should be beyond suspicion, 
 that the penalties provided for the offense of counterfeit- 
 ing are extraordinarily heavy, and not only the general 
 government but the several states have enacted laws for 
 its punishment. It is also forbidden to counterfeit within 
 the United States the coins, notes, bonds, etc. of foreign 
 governments.
 
 LEGISLATIVE DEPARTMENT: POWERS 235 
 
 Power to regulate Commerce. It will be remem- 
 bered that one of the defects of the Articles of Confederation 
 was that they left the control of commerce entirely in the 
 hands of the separate states, with what unsatisfactory re- 
 sults we have already seen (p. 178). It will be remembered 
 also that the Constitutional Convention itself grew out of the 
 attempts made through the Alexandria and Annapolis con- 
 ventions to solve these difficult commercial problems, and 
 that it was only with the greatest reluctance that some of 
 the states finally yielded to the general government the 
 right to control their commercial relations with other states 
 and with foreign nations. This right was finally yielded, 
 however, and Congress was given the power " to regulate 
 commerce with foreign nations and among the several 
 states, and with the Indian tribes." Commerce with the 
 Indian tribes was a matter of considerably more impor- 
 tance in 1787 than it is now, and its regulation by the 
 general government was a practical necessity if frequent 
 wars were to be avoided. Foreign and interstate com- 
 merce, on the other hand, have so increased in volume, 
 and the questions involved have become so complex, that 
 it would be now more than ever impossible to leave the 
 control of them in the hands of the states. 
 
 Foreign Commerce. In accordance with the above- 
 mentioned provision, Congress has enacted a great variety of 
 laws for the protection and facilitation of our commerce. 
 When the matter of taxation was under discussion (p. 231), 
 it was noted that for the purpose of collecting import 
 duties the government had designated certain places to be 
 used as ports of entry, and had established customhouses 
 at such places. At these ports all vessels are obliged 
 to clear and enter. Before a vessel leaves port the 
 master is required to show that all harbor duties have
 
 236 ACTUAL GOVERNMENT OF NEW YORK 
 
 been paid and all regulations observed. Thereupon the 
 collector of customs at that port issues a certificate called 
 a " clearance," and the vessel is free to sail. Upon arrival 
 in port, " entry " is accomplished by the master's reporting 
 to the collector, presenting a statement of his cargo, and 
 delivering the clearance received at his last port, if he has 
 touched at an American port. Congress has also passed 
 navigation laws defining the nationality of our ships (that 
 is, determining what vessels shall be regarded as Ameri- 
 can), the manner of their registration, the privileges that 
 shall be granted them, and the conditions under which 
 foreign vessels may engage in the commerce of the country. 
 Registration, or registry, is the process by which United 
 States vessels secure the protection of this government in 
 any part of the world. There is issued to the registered 
 vessel by the government a document containing a general 
 description of the vessel, and this is intended to serve as 
 a means of identification and a certificate of protection. 
 Only vessels owned by citizens of the United States and 
 built in this country are registered. 1 Under the authority 
 of this provision also Congress has taken measures for the 
 protection of shipping by building and maintaining light- 
 houses and buoys, providing life-saving stations, improving 
 harbors, establishing quarantine regulations, requiring the 
 employment of licensed pilots, making coast surveys, etc., 
 and has undertaken to regulate immigration into the 
 United States. Admission to the country is denied to 
 the following classes of persons : the Chinese, convicts, 
 insane persons, paupers and those liable to become paupers, 
 polygamists, anarchists, persons afflicted with contagious 
 diseases, and laborers under contract to perform labor 
 
 1 In 1914 Congress passed a law admitting foreign-built ships to American 
 registry.
 
 LEGISLATIVE DEPARTMENT: POWERS 237 
 
 or service in the United States, excepting persons en- 
 gaged in the professions and skilled laborers employed in 
 the establishment of new industries. The object of these 
 restrictions is obviously to bar out those classes of persons 
 who, for various reasons, would be likely to constitute an 
 undesirable element in the population — that is, those who, 
 because of some mental, moral, or physical defect, could 
 hardly be expected to become desirable citizens and might 
 even prove dangerous ; those who for economic reasons 
 would be objectionable in the eyes of a large proportion 
 of our own population ; and those who, because of wide 
 racial differences, could not be easily Americanized. 
 
 Interstate Commerce. Not less important than the con- 
 trol exercised by Congress over foreign commerce is the 
 power granted to regulate interstate commerce. In inter- 
 state commerce is included not only land traffic between the 
 states, but also coast trade and commerce upon navigable 
 rivers. In its river and harbor bills, therefore, Congress 
 yearly makes large appropriations in aid of interstate com- 
 merce. The most important piece of legislation in regula- 
 tion of interstate commerce ever passed by Congress was 
 the Interstate Commerce Act of 1887. This was intended to 
 relieve the public of some of the evils that had grown up 
 in connection with the development of the great railway 
 systems of the country. When the numerous small compet- 
 ing lines had been consolidated into a few great systems con- 
 trolling a very large proportion of all interstate commerce, 
 combination between these systems for the purpose of 
 raising freight l and passenger rates, or securing for them- 
 selves other unfair advantages, became comparatively easy. 
 The Interstate Commerce Act was an attempt to remedy 
 
 1 See Montague, The Rise and Progress of the Standard Oil Company, 
 New York, 1903.
 
 238 ACTUAL GOVERNMENT OF NEW YORK 
 
 such evils. Among other things it provided (1) that 
 all rates should be reasonable ; (2) that there should be 
 no unfair discrimination between persons, corporations, or 
 localities ; (3) that equal facilities should be given to all 
 connecting lines ; (4) that the charge for a short haul 
 should not be greater than for a long haul under sim- 
 ilar conditions ; (5) that there should be no pooling 1 
 agreements ; and (6) that an Interstate Commerce Commis- 
 sion should be created to supervise the administration of 
 the law. The commission created in accordance with the 
 act consists of five persons appointed by the president with 
 the consent of the Senate. It has power to investigate all 
 cases brought before it, to take testimony, and to render 
 decisions ; but it cannot enforce its decisions by the in- 
 fliction of penalties. That can be done only by regular 
 process. of the courts, and since conviction is a difficult 
 matter, the interstate commerce law has never been fully 
 enforced. Nevertheless, the commission has exercised 
 great influence in lessening the evils that the law was 
 intended to correct. 
 
 Antitrust Law. Another important legislative act 
 for the regulation of interstate commerce is the Federal 
 Antitrust Law, or Sherman Act, of 1890, making illegal 
 " any contract, combination in the form of a trust or other- 
 wise, or conspiracy in restraint of trade or commerce among 
 the several states or with foreign nations." A trust is 
 a combination of manufacturers in any particular line, 
 organized for the purpose of securing greater economy in 
 production and preventing some of the losses incident to 
 
 1 Pooling is an arrangement whereby a number of roads turn their 
 earnings into a common fund to be distributed among the companies con- 
 cerned, in proportions agreed upon beforehand, the object being to remove 
 the temptation to cut rates. Sometimes the freight itself is divided among 
 the roads in fixed proportions.
 
 LEGISLATIVE DEPARTMENT: POWERS 239 
 
 competition. Those who form a trust ordinarily do so with 
 the hope of being able to limit the output of the commodity 
 and control prices, thus violating the common-law principle 
 which forbids any unreasonable restraint of trade. A ma- 
 jority of the states have therefore passed laws prohibiting 
 such combinations so far as their operations affect trade 
 within the state, while the Sherman Antitrust Law attempts 
 to secure like protection for commerce between the states 
 and with foreign nations. 
 
 Bankruptcy Laws. The right of Congress to establish 
 " uniform laws on the subject of bankruptcies through- 
 out the United States " may likewise be looked upon as a 
 power given for the sake of enabling the government to 
 afford more effective protection to interstate commerce. 
 The power of Congress to pass bankruptcy laws does not 
 interfere with the retention of a similar power by the states ; 
 it only limits the power of the states in this matter. State 
 bankruptcy laws affect only contracts made within the 
 state between citizens of the state. Moreover, during the 
 existence of a national bankruptcy law, state laws that are 
 in conflict with it in any particular are suspended. 
 
 Piracy. Congress is also given the power " to define and 
 punish piracies and felonies committed on the high seas and 
 offenses against the law of nations." Piracy, or robbery, 
 committed on the high seas or committed by descent upon 
 the coasts from the sea is a menace to commerce and must 
 naturally be made punishable by the same authority whose 
 duty it is to protect commerce. Felonies committed on 
 the high seas and offenses against the law of nations are 
 very likely also to have to do with commerce, and must 
 in any case be made punishable by the United States, 
 since the law of nations recognizes only the government 
 of the nation, not that of New York or Ohio.
 
 240 ACTUAL GOVERNMENT OF NEW YORK 
 
 Weights and Measures. The same clause of the Con- 
 stitution that gives Congress power to coin money gives it 
 authority also to "fix the standard of weights and 
 measures." Though this is a matter of considerable 
 importance to trade, it was not until 1875 that Congress 
 established a Bureau of Weights and Measures, and not 
 until 1 90 1 that a law was enacted giving full effect to this 
 grant of power by establishing a National Standardizing 
 Bureau in the Treasury Department. 
 
 War Powers. We have seen how powerless Congress 
 was under the Articles of Confederation to prosecute a vigor- 
 ous war. Fortunately, before they went into effect the Rev- 
 olution was already drawing to a close ; and although they 
 remained the fundamental law of the land, the government 
 was not again called upon to face the emergency of war. 
 The members of the Constitutional Convention, however, 
 realized the danger and remedied the defect of the old gov- 
 ernment by granting to the new one ample military powers. 
 Congress was given power 
 
 (1) To declare war, grant letters of marque and reprisal, 
 and make rules concerning captures on land and water ; 
 
 (2) To raise and support armies, but no appropriation of 
 money to that use could be for a longer term than two years ; 
 
 (3) To provide and maintain a navy ; 
 
 (4) To make rules for the government and regulation of 
 the land and naval forces ; 
 
 (5) To provide for calling forth the militia to execute the 
 laws of the United States, suppress insurrections, and repel 
 invasions ; 
 
 (6) To provide for organizing, arming, and diseiplining 
 the militia, and for governing such part of them as may be 
 employed in the service of the United States, reserving 
 to the states respectively the appointment of the officers
 
 LEGISLATIVE DEPARTMENT: POWERS 241 
 
 and the authority of training the militia according to the 
 discipline prescribed by Congress. 
 
 In addition to these powers Congress was given the right 
 
 (7) To exercise exclusive legislation in all cases whatso- 
 ever in connection with all places purchased, by the consent 
 of the legislature of the state in which the same shall be, 
 for the erection of forts, magazines, arsenals, dockyards, 
 and other needful buildings. 
 
 Declaration of War. When the Constitutional Conven- 
 tion came to discuss the question as to where the power to 
 declare war should reside, it considered the plan usually 
 followed by European nations, of leaving that prerogative 
 with the executive. The question was settled, however, 
 by adopting what it felt to be the more republican 
 as well as the safer principle, of granting this important 
 power to the representatives of the people. While a 
 formal declaration of war is not a necessary preliminary 
 to hostilities, it is usual for a nation to make such a 
 declaration. 
 
 Armies. The power to declare war implies as a con- 
 sequence the power to raise and support armies. Under 
 ordinary circumstances Congress raises armies by enlistment 
 (voluntary enrollment), but in case of necessity it may raise 
 them and has raised them by conscription or draft (forced 
 enrollment). It rests with Congress also to determine the 
 size of the army and the term for which the men shall serve ; 
 to furnish the necessary supplies and equipment ; to build 
 fortifications, arsenals, barracks, hospitals, etc. ; to pro- 
 vide schools for the instruction of officers and men ; to do 
 all that may be required in order to make the army efficient. 
 It was thought best, however, in giving Congress this power 
 of raising and supporting armies, to impose an important re- 
 striction. It was provided that no appropriations for this
 
 242 ACTUAL GOVERNMENT OF NEW YORK 
 
 purpose should run for a longer term than two years. This 
 keeps the army strictly dependent upon the people for its 
 existence and support and enables the people to control 
 the military policy of the country. 
 
 The Regular Army. The policy of the United States has 
 been to keep the army small, relying upon the militia for 
 defense in emergencies. Fear of the possible power of the 
 army, our geographical position, and our nonparticipation in 
 world politics are the reasons for this policy. Prior to 1 899 
 the army could not exceed 27,000 enlisted men. In that 
 year Congress increased the number to 65,000. In 1901 the 
 maximum was raised to 100,000, and in 1916 to 2ii,ooo. 1 
 Our former policy concerning world politics has changed, 
 owing largely to the conditions growing out of the Spanish- 
 American War. Our insular possessions, our rapid increase 
 in population, our commercial expansion, and the changed 
 conditions in Europe demand an army and a navy equal to 
 the task of defending the rights of our people and of repelling 
 invasion. In times of peace the army is organized into divi- 
 sions and brigades. In times of actual or threatened hostili- 
 ties the president may organize these into army corps, or 
 armies. A division is made up of three or more brigades ; a 
 brigade, of three or more regiments ; a regiment, if infantry, 2 
 of twelve companies, if cavalry, of twelve troops, if artillery, 
 of as many battalions as the president may determine. The 
 president is commander-in-chief (ex-ofhcio), but the actual 
 operations of the army are directed by a general. A division 
 is commanded by a major-general, a brigade by a brigadier- 
 general, a regiment by a colonel, a lieutenant-colonel, and 
 
 1 On January i, 191 8, our army consisted of 1,487,000 officers and men. 
 
 2 For the World War an infantry regiment consists of the following com- 
 panies : headquarters, 303 men; supply, 140 men; machine-gun, 178 men; 
 medical, 56 men; and twelve rifle, 256 men. Total strength, 3755 officers 
 and men. There are three battalions composed of four rifle companies each.
 
 LEGISLATIVE DEPARTMENT: POWERS 243 
 
 three majors, a company or troop by a captain and first and 
 second lieutenants. Noncommissioned officers are first ser- 
 geant, sergeant, and corporal. The general staff prepares 
 plans for national defense and for mobilization. 
 
 The Militia. Supplementing the regular army is the 
 militia. This is made up of all able-bodied male citizens 
 between the ages of eighteen and forty-five. It is partly 
 organized and partly unorganized. The organized portion, 
 known as the national guard, is regularly equipped, drilled, 
 and officered ; but this work is done by the states accord- 
 ing to the discipline prescribed by Congress, and the choice 
 of all regimental officers of the militia is left to the several 
 states. In case they are needed " to suppress insurrections 
 or repel invasions," the president issues a call to the gov- 
 ernors of the states, who thereupon furnish the necessary 
 troops. They then become a part of the military force of the 
 United States and are subject to the same discipline as the 
 regular army. Seven times the militia has been called out : 
 during the Whisky Rebellion, the War of 1 8 1 2, the Civil War, 
 the Spanish-American War, to suppress the Philippine insur- 
 rection, to guard the Mexican border, and in the World War. 
 
 The Navy. For many years before 1883 the United 
 States navy, 1 as compared with the navies of the Old World, 
 was very insignificant. Only for a short period during and 
 immediately after the Civil War was it maintained in any- 
 thing like a state of efficiency. During the last quarter of 
 a century, however, the rapid expansion of our commercial 
 and political relations with distant parts of the world has 
 resulted in the building up of a really efficient navy. The 
 power granted Congress to build and maintain a navy im- 
 plies, of course, the power to do whatever may be necessary 
 
 1 On January 1, 1918, our navy consisted of 150,000 officers and men 
 and 30,000 marines, making it (probably) second only to Great Britain.
 
 244 ACTUAL GOVERNMENT OF NEW YORK 
 
 to make it efficient — to enroll seamen, construct vessels, 
 establish navy yards and docks, furnish supplies and muni- 
 tions, and provide for the instruction of officers and men in 
 schools or otherwise. In some states a naval militia has 
 been organized, which, if called into service in time of war, 
 mans vessels for the defense of the harbors, thus freeing the 
 regular naval force for other duties. In the navy the offices 
 of admiral and vice admiral correspond to that of general 
 in the army ; that is, they are honorary offices, for neither of 
 them is permanently maintained. The office of rear admiral 
 corresponds to that of lieutenant general in the army. The 
 other officers are commodores, captains, commanders, lieu- 
 tenant commanders, lieutenants, lieutenants junior grade, 
 ensigns, and naval cadets. 
 
 Military Law and Courts. To Congress also is assigned 
 the duty of making rules for the government and regula- 
 tions for the land and naval forces. Accordingly there 
 has been enacted a code called the " military law," prescrib- 
 ing tactics and arrangement of troops, classifying officers 
 and men, regulating their pay, defining military and naval 
 offenses, and providing for their punishment by means of 
 special tribunals called courts-martial (military courts), 
 whose jurisdiction and procedure it establishes. 
 
 Letters of Marque and Reprisal ; Captures. It will 
 be noticed that the same clause that gives Congress power 
 to declare war gives it also the power to " grant letters of 
 marque and reprisal and make rules concerning captures 
 on land and water." Letters of marque and reprisal are 
 permits issued by a national government in time of war 
 to vessels owned and officered by private persons, giving 
 them the privilege of seizing the property of the enemy 
 wherever found. Such vessels are called privateers and 
 have in past wars wrought great injury to commerce.
 
 LEGISLATIVE DEPARTMENT: POWERS 245 
 
 When our Constitution was framed, the custom of grant- 
 ing letters of marque and reprisal was general, but in 
 1856 an agreement was entered into by most of the great 
 European powers that privateering should be abolished. 
 Neither Spain nor the United States was a party to this 
 agreement, and at the breaking out of the Spanish- American 
 War the question of permitting privateering came up. Our 
 government decided to observe the agreement of 1856. 
 Spain, on the other hand, declared in favor of granting 
 letters of marque and reprisal, though none were actually 
 granted. It seems hardly likely that our government will 
 ever again resort to this method of naval warfare. The 
 rules laid down by Congress in regard to captures are 
 briefly as follows : captures on land are the property of the 
 government ; captures on the water are sold. If the 
 captured vessel is superior or equal in rank to the vessel 
 making the capture, the proceeds are divided among the 
 victorious crew according to the pay of each ; if the cap- 
 tured vessel is of inferior rank, half the proceeds go to the 
 government, the rest to the crew. 
 
 Military Property. We have already seen that in pro- 
 viding and maintaining an efficient army and navy, Con- 
 gress has need of a large amount of military property, 
 such as forts, magazines, arsenals, dockyards, etc. Over 
 all places purchased from the states for the purpose of 
 erecting such structures or any other necessary buildings, 
 Congress is of necessity given the right to exercise exclusive 
 legislation. No matter in what state they may be located, 
 they are never subject to state law, except that the states 
 usually reserve the right to serve civil and criminal writs on 
 persons within the ceded territory. 
 
 Miscellaneous Powers: Naturalization. Besides the 
 powers granted to Congress in matters relating to money,
 
 246 ACTUAL GOVERNMENT OF NEW YORK 
 
 commerce, and war, the Constitution also confers upon it a 
 number of other powers not easily capable of classification. 
 One of these is the power " to establish a uniform rule of 
 naturalization." " Naturalization " is the term applied to the 
 process by which persons who have been citizens of one 
 country become citizens of another. Before the adoption 
 of the Constitution each state made its own naturalization 
 laws, without much regard to the rules existing in other 
 states. The natural result was confusion, which was rem- 
 edied by giving this power into the hands of the general 
 government. Until the passage of the Fourteenth Amend- 
 ment to the Constitution some question existed as to what 
 constituted citizenship in the United States. That amend- 
 ment settles the question by declaring that " all persons 
 born or naturalized in the United States, and subject to 
 the jurisdiction thereof, are citizens of the United States 
 and of the state wherein they reside." All other residents 
 of the United States are aliens. 
 
 Naturalization Laws. Since the adoption of the Con- 
 stitution, Congress has passed several naturalization laws. 
 The present law requires that the alien who desires to be- 
 come a citizen must appear before a court of record at least 
 two years before admission to citizenship, and there declare 
 on oath his- intention to become a citizen and to renounce 
 his allegiance to any other government. This declaration 
 is then recorded, and the applicant is furnished with a copy 
 of the record. Two years later the applicant for citizenship 
 must appear in open court, must furnish proof that he has 
 resided continuously in the United States for five years, 
 and in the state or territory where the court is held for at 
 least one year, and that he has behaved as a man of good 
 moral character. He must then take an oath to sup- 
 port the constitution of the United States and renounce
 
 LEGISLATIVE DEPARTMENT: POWERS 247 
 
 allegiance to any foreign government. If he has held any- 
 foreign title or order of nobility, it must be renounced. 
 These facts are then recorded and a certificate of naturaliza- 
 tion is granted. The wife and minor children of a natu- 
 ralized citizen become citizens through his naturalization. 
 Minor children take the citizenship of their parents. 
 Thus children born abroad to citizens of the United States, 
 either native born or naturalized, are American citizens. 
 Naturalization is denied to Chinese. 
 
 Postal Service. Another of the miscellaneous powers be- 
 longing to Congress is the power " to establish post offices and 
 post roads." In granting this authority the Constitutional 
 Convention was simply continuing a power that had already 
 been delegated to the general government by the Articles of 
 Confederation. The postal service is, indeed, so obviously 
 a matter that can be better managed by the general govern- 
 ment than by the states, that it is not surprising that it 
 aroused little discussion. The members of the convention 
 seem not to have foreseen, however, how vast and important 
 an enterprise the postal system of the United States was to 
 become. The Federalist, discussing this matter very briefly, 
 says, as if half apologizing for troubling the general govern- 
 ment with so unimportant a business, " Nothing which tends 
 to facilitate the intercourse between the states can be deemed 
 unworthy of the public care." We shall not, perhaps, be 
 surprised at this attitude if we remember that in 1 790 there 
 were in the United States only 75 post offices and 1875 
 miles of mail routes, and that the total postal revenue was 
 only $37,935 ; while in 191 5 there were nearly 56,380 post 
 offices, more than 433,334 miles of mail routes, a revenue 
 of $287,248,165, and an expenditure of $298,546,026. The 
 United States does not attempt to make its postal system 
 pay a profit, the policy having been for the last half century
 
 248 ACTUAL GOVERNMENT OF NEW YORK 
 
 and more to conduct it simply on an expense-paying basis. 
 As a matter of fact, during most of that period the annual 
 expenditures have been greater than the revenue. Since 
 1870 there has been every year except five a deficit, that of 
 1909 amounting to nearly eighteen million dollars. The 
 law defines as post roads " all letter-carrier routes in towns 
 and cities, all railroads and canals, and all the waters of 
 the United States during the time mail is carried thereon." 
 Copyrights and Patents. The authority to issue copy- 
 rights and patents is another power given to Congress, the 
 purpose assigned in the Constitution itself being " to pro- 
 mote the progress of science and useful arts." Copyright 
 may be denned as the grant, by a government to the author 
 of an intellectual production (book, painting, sculpture, de- 
 sign, photograph, musical composition, etc.), of the exclusive 
 right for a limited time to multiply and dispose of copies of 
 it. A person desiring to secure a copyright on such a pro- 
 duction sends to the copyright office immediately after pub- 
 lication two copies containing the copyright notice, in the 
 case of a book or similar publication, and in case of a work 
 of art, a photograph. A fee of one dollar must be paid to 
 the register of copyrights for recording the title and furnish- 
 ing a certificate of such record. If the production is a 
 photograph and no certificate is required, the fee is fifty 
 cents. Lectures and other oral addresses, dramatic and 
 musical compositions, not reproduced for sale, may be copy- 
 righted by paying one dollar and filing one complete copy. 
 A copyright runs for a period of twenty-eight years and is 
 renewable for twenty-eight more. A patent is the grant, by 
 a government to the author of a new and useful invention, 
 of the sole right to make and sell it for a limited term. The 
 inventor who desires a patent must, in his application to the 
 Commissioner of Patents, declare under oath that he believes
 
 LEGISLATIVE DEPARTMENT: POWERS 249 
 
 himself to be the real author of the invention ; must file in 
 the patent office a full description of the article, together 
 with drawings and possibly a model ; and must pay a fee 
 of $15 on filing his application, and an additional $20 if the 
 patent be allowed. A patent holds for a term of seven- 
 teen years, and may be renewed for a term of seven years 
 by the Commissioner of Patents or by act of Congress, 
 provided, however, that the inventor has not received an 
 adequate money return. 
 
 The National Capital. By the same clause of the Con- 
 stitution which gave Congress power to control all places 
 purchased for the erection of forts, magazines, etc., power 
 was also conferred upon it to " exercise exclusive legislation 
 . . . over such district (not exceeding ten miles square) as 
 may, by cession of particular states and the acceptance of 
 Congress, become the seat of the government of the United 
 States." The need for such a provision had been shown 
 by an unpleasant experience suffered in Philadelphia by the 
 Congress of the Confederation at the hands of an unpaid por- 
 tion of the Revolutionary troops in 1783. The failure of 
 the state government to afford the protection asked for had 
 made it clear that the federal legislature must be given the 
 power to protect itself and the seat of the federal govern- 
 ment from the possibility of a repetition of such insults. 
 From 1785 to 1790 New York was the national capital. In 
 1790 the seat of government was transferred to Philadelphia, 
 where it remained until 1800, when it was permanently 
 located in the District of Columbia. This was a piece of 
 territory, originally ten miles square, lying along the Poto- 
 mac, which was ceded to the United States by the states of 
 Maryland and Virginia to be used as the seat of the national 
 government. About thirty square miles on the right bank 
 of the river were afterward receded to Virginia.
 
 250 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Government of the District is provided for en- 
 tirely by the federal authorities, the people having no 
 political rights. The executive officers are three commis- 
 sioners, two of whom are appointed for three years by the 
 president with the consent of the Senate, and one detailed 
 from the corps of engineers of the United States army by 
 the president to serve during his pleasure. They have gen- 
 eral charge of municipal affairs, providing for the policing 
 of the District, fire protection, education, etc. All officers 
 other than the three commissioners are appointed by the 
 president. The commissioners have the power to recom- 
 mend needed legislation, but Congress is the legislative 
 body of the District, and all bills relating to it are passed in 
 the regular manner. Congress pays one half the expenses 
 for the government of the territory ; the other half is met by 
 taxation of the inhabitants. The judicial power of the Dis- 
 trict is vested in a court of appeals (consisting of a chief 
 justice and two associate justices), a supreme court (con- 
 sisting of a chief justice and four associate justices), 
 justice courts, a police court, and a juvenile court. 
 
 The Government of Territories. Closely allied to this 
 special power granted to Congress, to govern the territory in 
 which is located the seat of the federal government, is the 
 power granted it in another article of the Constitution, " to 
 dispose of and make all needful rules and regulations respect- 
 ing the territory or other property belonging to the United 
 States." It is from this provision that Congress derives 
 the authority to govern its territories. We have already 
 seen that before the adoption of the Constitution the vast 
 tract of land known as the Northwest Territory, the dif- 
 ferent portions of which were claimed by several of the 
 states, had been ceded by those states to the general gov- 
 ernment. Following these cessions the Congress of the
 
 LEGISLATIVE DEPARTMENT: POWERS 251 
 
 Confederation passed the act known as the Ordinance of 1787, 
 providing a government for this vast public domain — an 
 act that has been called " the most important piece of gen- 
 eral legislation of the Confederation epoch." It is certain 
 that Congress under the Articles of Confederation had no 
 power to pass such an ordinance, and many writers have 
 declared it of no effect. It matters little now, for the 
 first. Congress that assembled under the Constitution, hav- 
 ing been given the authority to pass such legislation, 
 reenacted the ordinance, which has ever since furnished 
 the model upon which the territories of the United States 
 have been organized. 
 
 Organized and Unoiganized Territories. The Spanish- 
 American War, resulting as it did in the acquisition by the 
 United States of a number of insular possessions, most of 
 them containing a population very different in character 
 from that of the states and other territories, has very con- 
 siderably complicated the problems of territorial govern- 
 ment. Previous to that war the territories were simply 
 divided into two classes — organized and unorganized. 
 In the organized territories of Hawaii and Porto Rico the 
 government conforms, with slight variations, to the 
 following type. There are the three departments of 
 government, — legislative, executive, and judicial, — -with 
 similar duties performed by corresponding departments of 
 state governments. The executive department consists of a 
 governor, appointed by the president with the consent of 
 the Senate for a term of four years ; a secretary, similarly 
 appointed ; a treasurer, an auditor, and usually a su- 
 perintendent of public instruction, appointed by the 
 governor. The governor is ex officio commander of the 
 militia. He has a veto power over the acts of the legisla- 
 ture, but his veto may be overridden by a two-thirds vote
 
 252 ACTUAL GOVERNMENT OF NEW YORK 
 
 of the house. He makes annual reports to the president 
 and sends a message to the territorial legislature. Thelegis- 
 lature consists of two houses, — a council and a house of 
 representatives, — elected for a term of two years by the 
 voters of the territory, voting in districts. The sessions 
 are biennial and limited to sixty days. The sphere of 
 legislation is nearly as wide as that of the state legislatures, 
 but Congress has the power to annul or modify any act, 
 thus controlling the internal affairs of the territory. The 
 people of the territory send to Congress a delegate who has 
 the privilege of debate but no vote. The judicial depart- 
 ment consists of a supreme court of three or more judges 
 appointed for a term of four years by the president with 
 the advice and consent of the Senate. In 191 2, Congress 
 provided for a legislature in Alaska, consisting of two houses 
 and meeting biennially. Thus the last of our territories 
 except our smaller island possessions has been organized. 
 
 Territories : a New Classification. Since the Spanish- 
 American War a decision of the Supreme Court has practi- 
 cally established a new classification for the territories. 
 According to this decision there are (1) those constituting 
 " a part of " the United States, and (2) those " belonging 
 to " the United States. To the first class belongs Alaska ; 
 to the second belong Hawaii, Porto Rico, the Philippines, 
 Guam, the Virgin Islands, and the Samoan possessions of 
 the United States. Hawaii and Porto Rico have been given 
 organized territorial governments conforming in a general 
 way to the type existing in the organized territories con- 
 stituting "a part of" the United States. Hawaii is "an 
 integral part" of the United States according to the treaty 
 of annexation. The other territories "belonging to" the 
 United States are variously governed by the military or naval 
 authorities or by special commissions.
 
 LEGISLATIVE DEPARTMENT: POWERS 253 
 
 Power to Establish Courts. One other specific power 
 the Constitution intrusts to Congress — namely, the power 
 " to constitute tribunals inferior to the Supreme Court." In 
 accordance with this grant of power Congress created, by 
 the Judiciary Act of 1789, the district and circuit courts 
 and denned their functions. In 1855 it established the 
 Court of Claims, in 1891 the circuit courts of appeals, 
 and abolished circuit courts in 191 1 (see Chapter 
 XXIV). 
 
 The Elastic Clause. So far we have been dealing with 
 specific powers granted to Congress by the Constitution. 
 There remains to be considered a very important clause, 
 often called the "elastic clause," conferring upon Congress, 
 by a general grant of power, the right to do whatever may 
 be necessary and proper for carrying out the provisions of 
 the Constitution. The exact wording of the clause is as 
 follows : [Congress shall have power] " to make all laws 
 which shall be necessary and proper for carrying into execu- 
 tion the foregoing powers and all other powers vested by 
 this Constitution in the government of the United States, 
 or in any department or officer thereof." It is out of the 
 difference of opinion as to the interpretation of this clause 
 that the two great schools of constitutional construction 
 have arisen : the strict constructionists and the liberal 
 constructionists — the defenders of the doctrine of state 
 rights and the upholders of the opposing doctrine of implied 
 powers. The first insist that the Constitution, and in 
 particular this clause of it, should be strictly and narrowly 
 construed, so as to give Congress power to pass only such 
 laws as are absolutely necessary in order to make effective 
 the powers expressly granted. The liberal constructionists, 
 on the other hand, maintain that by the phrase " laws which 
 shall be necessary and proper " is meant not only such as
 
 254 ACTUAL GOVERNMENT OF NEW YORK 
 
 are indispensable to the exercise of the powers granted 
 Congress, but all such as are in any way conducive to 
 their complete execution. The decisions of the Supreme 
 Court, when that body has been called upon to settle 
 constitutional questions arising under this clause, have 
 in general been made on the principle of liberal construction. 
 
 Special Powers of Each House. We come now to the 
 consideration of certain special powers granted to each of 
 the two Houses of Congress but not to Congress as a whole. 
 We have seen that each House is given the power of control- 
 ling its own organization and members, but there is given 
 to each in addition certain important governmental powers. 
 The special powers possessed by the House of Representa- 
 tives are three in number : the power to initiate all bills 
 for raising revenue, the power of impeachment, and the 
 power of electing the president in case no choice is made by 
 the electors. The special powers of the Senate are the 
 power to ratify treaties and to confirm presidential appoint- 
 ments, and the power to act as a court of impeachment. 
 
 The House: Revenue Bills. Doubtless the conven- 
 tion, in intrusting only to the House of Representatives this 
 power of initiating revenue bills, was largely influenced by 
 the practice of England, where for several centuries that 
 power had resided in the House of Commons. It was felt 
 that the House, being renewed at frequent intervals by pop- 
 ular election and thus standing more closely in touch with 
 the people than could the Senate, ought to be given control 
 of the power of taxing the people. But the convention was 
 influenced also by a less theoretical reason. The larger 
 states, fearful that they might be unfairly taxed if the Senate 
 were given equal powers with the House in this matter, de- 
 manded this provision as a protection and also as a compen- 
 sation for having yielded to the Senate the right to ratify
 
 LEGISLATIVE DEPARTMENT: POWERS 255 
 
 treaties and to try impeachments. By the same clause, 
 however, the Senate is given the power to propose or concur 
 with amendments to revenue bills — a power of which it 
 avails itself so freely that most money bills, whether for 
 raising revenue or expending it, are finally passed only by 
 means of conference and compromise between the two 
 Houses. There is no constitutional provision that appro- 
 priation bills (bills for the expenditure of money) should 
 originate in the House, but as a matter of custom the im- 
 portant general appropriation bills do originate there. 
 
 The House: Impeachment. In placing the power of 
 impeachment (bringing charges of official misconduct 
 against an official) solely in the hands of the House of 
 Representatives the convention was again borrowing in- 
 directly from English practice through the state constitu- 
 tions. According to the Constitution the persons who 
 may be impeached are the president, the vice president, 
 and all civil officers of the United States, the term " civil 
 officers " being used here in distinction from military and 
 naval officers, who are subject to military law and whose 
 offenses are tried by courts-martial. Since offending 
 senators and representatives may be expelled by a two- 
 thirds vote of their respective Houses, it has been deemed 
 unnecessary to impeach them. The offenses for which 
 officers may be impeached are " treason, bribery, or 
 other high crimes and misdemeanors," but the exact mean- 
 ing of the last phrase has never been accurately determined. 
 Since the adoption of the Constitution there have been 
 nine impeachment trials and three convictions. 
 
 The House: Presidential Election. The election of 
 the president by the House of Representatives has occurred 
 twice — in the case of Jefferson in 1801 and of John Quincy 
 Adams in 1825. In assigning this power to the House of
 
 256 ACTUAL GOVERNMENT OF NEW YORK 
 
 Representatives the convention, mindful of the fact that 
 large executive powers (the confirmation of presidential 
 appointments and the ratification of treaties) had been 
 given to the Senate, felt that that body should have no 
 voice in the appointment of the executive. 
 
 The Senate: Executive Powers. Of the special powers 
 of the Senate the two just mentioned (the ratification 
 of treaties and the confirmation of appointments) are 
 executive in their nature ; the third (the power to act as 
 a court of impeachment) is judicial. Though the Senate 
 was created as a part of the federal legislature, it was at first 
 looked upon principally as an executive body. Hamilton, 
 in The Federalist, 1 speaks of the executive power as divided 
 between the president and the Senate ; and the Senate for 
 the first five years of its existence conducted itself as an ex- 
 ecutive body, holding its sessions in secret until 1794. The 
 senators looked upon themselves to a great extent as am- 
 bassadors from the states, and the president and cabinet 
 officers sometimes consulted in person with the Senate. Not 
 until after the creation of its standing committees in 18 16 
 did it become coordinate with the House in legislation. At 
 present we think of the Senate as primarily a legislative 
 body, but it may at any moment turn itself into an execu- 
 tive body by going into " executive session." This it does 
 when the subject under discussion is the confirmation of ap- 
 pointments or the ratification of treaties. As a matter of 
 fact, though the penalty for disclosing what goes on behind 
 the closed doors of the Senate is expulsion, it has been found 
 very difficult to maintain secrecy, particularly in the matter 
 of the confirmation of appointments. For this reason there 
 has been some agitation in favor of abandoning the 
 secret session. 
 
 1 The Federalist, Nos. 64-66.
 
 LEGISLATIVE DEPARTMENT: POWERS 257 
 
 The Senate: Working of these Powers. It was the 
 
 purpose of the convention, in giving these powers into the 
 hands of the Senate, to impose a check upon the power of 
 the president. This it certainly does to some extent, 
 though it is questioned whether the imposition of this 
 check has operated entirely in the interests of good govern- 
 ment. The participation of the Senate in the treaty-making 
 power, reducing as it does the difficulties always experienced 
 by popular governments in dealing with foreign affairs, has 
 generally been approved by critics of our political arrange- 
 ments, though even here the requirement of a two-thirds 
 vote for ratification has been criticized as giving too much 
 power into the hands of a troublesome minority. Such a 
 minority, intent upon party or local rather than upon 
 national interests, may find it possible to postpone indefi- 
 nitely or prevent altogether the settlement of important 
 foreign affairs. The value of the other executive function 
 intrusted to the Senate (the power of confirming presiden- 
 tial appointments) is in general more seriously questioned. 
 It is asserted that the arrangement does not in practice 
 prevent abuses of the president's appointing power ; that 
 if the president and the majority in the Senate are of the 
 same party, the appointments are arranged between them 
 and the real object of the provision is defeated ; that if 
 they are of opposite parties, the Senate confirms the 
 worst appointments in order to subject the president to 
 hostile criticism in the next political campaign. 
 
 The Senate : Judicial Function. The only judicial 
 function of the Senate is to act as a court for the trial of 
 impeachment cases. The method of procedure is as 
 follows : The charges against the officer impeached are 
 preferred, as we have already seen, by the House of 
 Representatives, which prepares articles of impeachment,
 
 258 ACTUAL GOVERNMENT OF NEW YORK 
 
 corresponding to the indictment in ordinary criminal trials. 
 The House then chooses by ballot a number of managers 
 to conduct the case before the Senate. The Senate organizes 
 for this purpose by putting its members under oath to 
 conduct the trial impartially. If the president is being 
 tried, the chief justice acts as presiding officer ; in other 
 cases, the president or president pro tempore of the Senate. 
 A two-thirds vote of the members is required for convic- 
 tion, the object being to prevent the use of impeachment 
 for party purposes. The accused may appear in person 
 or through counsel, witnesses are examined, evidence 
 taken, and the Senate then deliberates in secret session. 
 In case of conviction the only punishment that the Senate 
 has power to impose is removal from office and disqualifica- 
 tion for further official service under the United States, 
 but the officer is still liable to trial before the ordinary 
 courts if he has committed any crime. During the trial 
 the accused may continue his regular duties. In case of 
 conviction the president cannot exercise his pardoning 
 power. This power of trying impeachment cases was 
 not granted to the Senate by the convention without 
 objections, but the objections then urged have proved 
 groundless. 
 
 Limitations upon Congress: Taxation. So far we 
 have been dealing with the powers granted to Congress as a 
 whole and with the special powers granted to the separate 
 Houses. We come now to some limitations imposed upon 
 Congress by the Constitution — the things which Congress 
 may not do. The restrictions laid upon Congress in the 
 matter of taxation are two : (i) it may lay no capitation 
 or other direct x tax except in proportion to the census ; 
 
 1 This restriction, however, was modified by the adoption of the Six- 
 teenth Amendment, which gives Congress the right to tax incomes.
 
 LEGISLATIVE DEPARTMENT: POWERS 259 
 
 (2) it may lay no tax or duty on exports. If a direct tax 
 is levied, it must be in proportion to population ; that is, 
 the amount of revenue to be collected by the tax must be 
 determined, and this must then be apportioned among 
 states according to population. 1 The prohibition laid 
 upon Congress in the matter of taxing exports was a practical 
 necessity. The extent of the country and the variety of its 
 resources make it, and made it even in 1787, practically 
 impossible to lay such a tax without working injustice and 
 hardship somewhere. There was, nevertheless, in the 
 convention a difference of opinion on this point, several 
 holding that the government would be incomplete without 
 a power to tax exports as well as imports. 
 
 Commerce. Appropriations. The restrictions imposed 
 upon Congress in the matter of commerce relate to the 
 slave trade and to interstate matters. The provision in 
 regard to the slave trade was the result of one of the com- 
 promises of the Constitution already noted elsewhere 
 (p. 188). It will be remembered that in the convention 
 the delegates from the slave-holding and slave-trading 
 states objected to giving Congress complete control over 
 commerce, lest the economic interests of their states might 
 suffer by a too sudden abolition of the slave trade. The 
 debate resulted finally in the concession to Congress by 
 the slave states of full ultimate control of commerce in 
 return for a continuance of the slave trade for a limited 
 period, Congress being prohibited from forbidding the 
 traffic prior to the year 1808. In regard to interstate affairs, 
 Congress is forbidden to make any regulation that shall 
 give an advantage to the ports of one state over those of 
 
 1 The Supreme Court decided (prior to the Sixteenth Amendment) that 
 an income tax is a tax upon the property from which the income is derived, 
 and is therefore a direct tax and was unconstitutional (Art. I, § 9, p. lix).
 
 260 ACTUAL GOVERNMENT OF NEW YORK 
 
 another, or that shall oblige vessels bound to or from one 
 state to enter, clear, or pay duties in another. Congress is 
 prohibited from drawing money from the national Treasury 
 except by means of direct appropriations made by law. 
 An appropriation bill states the object for which the 
 money is to be used. From time to time a statement of 
 the receipts and expenditures must be published. 
 
 Other Restrictions: Habeas Corpus. A few other re- 
 strictions are laid upon Congress, with the purpose of secur- 
 ing to the citizens of the United States personal liberty and 
 equality. These are the provisions as to the suspen- 
 sion of the writ of habeas corpus, in regard to bills of at- 
 tainder and ex post facto laws, relating to titles of nobility, 
 etc. The Constitution provides that " the privilege of the 
 writ of habeas corpus shall not be suspended, unless when, 
 in cases of rebellion or invasion, the public safety may re- 
 quire it." The writ of habeas corpus is ' a guaranty of 
 personal liberty as old as Magna Charta." It is a writ 
 granted by a court requiring a prisoner to be brought be- 
 fore the court in order that the legality of his detention 
 may be investigated, and that he may be at once liberated 
 if illegally detained. The question as to where the right 
 to suspend the writ is lodged was left unsettled by the Con- 
 stitution. By judicial decision it has been given to Con- 
 gress, but that body may grant the right to the president. 
 In the few cases where the writ has been suspended — 
 namely, during the Civil War — the power was exercised 
 by the president. 
 
 Bills of Attainder: Ex Post Facto Laws. The passing 
 of bills of attainder and ex post facto laws is absolutely for- 
 bidden by the Constitution. Bills of attainder are special 
 legislative acts inflicting capital punishment for high 
 offenses, such as treason, without a judicial trial. If the
 
 LEGISLATIVE DEPARTMENT: POWERS 261 
 
 punishment inflicted is less than death, the bill is properly 
 a " bill of pains and penalties " rather than attainder. 
 The ex post facto law is defined by Chief Justice Marshall 
 as " one which renders an act punishable in a manner in 
 which it was not punishable when committed." English 
 jurists have held that the term applies only to criminal, 
 not to civil, law, and the United States Supreme Court has 
 taken the same position ; but from the discussion that 
 took place in the convention concerning this point it would 
 seem that the framers of the Constitution meant by ex post 
 facto laws all that are retroactive. 
 
 Titles of Nobility. Finally, " no title of nobility shall 
 be granted by the United States, and no person holding 
 any ofhce of profit or trust under them, shall, without the 
 consent of Congress, accept of any present, emolument, 
 office, or title of any kind whatever from any king, prince, 
 or foreign state." At the time of the adoption of the Con- 
 stitution and even much later there existed a general feeling 
 of antagonism to titles. They were regarded as inseparable 
 from aristocratic and monarchical forms of government, 
 and Hamilton called their prohibition the cornerstone 
 of republicanism. The last part of the provision was 
 inserted to preserve foreign ministers and United States 
 officers from the danger of bribery by foreign governments. 
 
 Library References. Macy, chaps, xxvi-xxvii, xxxviii, xl ; Macy, 
 First Lessons, chaps, xvi-xvii; Dawes, chaps, iii, xv, pp. 129-130, 
 146-148 ; Hinsdale, chaps, xxi-xxii, xxv-xxvi, pp. 330-333 ; Fiske, 
 pp. 228-229, 254-257, 263-268; Bryce, Vol. I, chaps, xi, xvi-xvii, 
 xlvii; Wilson, §§ 1047-1052, 1084; Harrison, pp. 58-67; Curtis, 
 Vol. I, chaps, xxvi-xxvii ; Wilson, Congressional Government, chap, iii, 
 pp. 230-241, 275-277; Clow, chap. iii;. Dole, chap, xvi, pp. 69- 
 71 ; Alton, chaps, xxiv, xxix; Lalor, Article on Powers of Congress; 
 Woodburn, chap, viii, pp. 158-172, 177-182, 211-213, 231-239, 
 25S-257, 305-310.
 
 262 ACTUAL GOVERNMENT OF NEW YORK 
 
 QUESTIONS ON THE TEXT 
 
 1. Why are the general powers of Congress enumerated in 
 the federal constitution, while similar powers of state legis- 
 latures are not specified in state constitutions? 
 
 2. State five powers of Congress. 
 
 3. Mention three important powers vested exclusively in 
 the House of Representatives, and give the reason in each case. 
 
 4. Has the Senate any executive power ? Discuss fully. 
 
 5. State three purposes for which the government may 
 properly levy taxes. 
 
 6. Define " taxes." Mention two kinds of taxes and dis- 
 cuss the justice of each. 
 
 7. Distinguish between direct and indirect taxes. 
 
 8. What are the sources of the revenue of the general 
 government? Does the United States government levy any 
 direct tax at the present time? State in substance the 
 constitutional provision regarding the apportionment of direct 
 taxes among the several states. 
 
 9. What are duties? State the manner in which duties 
 are collected. What limitation is there to the powers of Con- 
 gress to levy duties ? Give the reason for this limitation. 
 
 10. Distinguish between ad valorem and specific duties. 
 Define " tariff " ; " reciprocity." 
 
 11. What is an excise duty? On what articles are excise 
 duties now laid? 
 
 12. Should Congress be given the power to regulate com- 
 merce ? Give reasons for your answer. 
 
 13. Define "ports of entry." Give the name of one United 
 States port of entry on the Atlantic coast and one on the 
 Pacific coast. 
 
 14. Show the importance of the power possessed by Congress 
 to borrow money on the credit of the United States.
 
 LEGISLATIVE DEPARTMENT: POWERS 263 
 
 15. To what extent is immigration now restricted? What 
 is the object of the restrictions? 
 
 16. Show the necessity of the power possessed by Congress to 
 regulate interstate commerce. 
 
 17. Define " bankrupt law." Why is a bankrupt law 
 desirable ? 
 
 18. Define "piracy." Show the importance of the power pos- 
 sessed by Congress to define and punish felonies committed on 
 the high seas. 
 
 19. Why is the power to declare war vested in Congress 
 alone ? 
 
 20. Define " letters of marque " ; " privateer." What name 
 is given to property captured in time of war ? What disposition 
 is made of such property ? 
 
 21. What is naturalization? Describe the process by which 
 it is secured in this state. Is the process uniform in all the 
 states? 
 
 22. Define " alien " ; " citizen." What differences exist in 
 the duties, rights, and privileges of aliens, naturalized citizens, 
 and natural-born citizens? 
 
 23. What classes of foreigners are refused citizenship in the 
 United States ? Why? 
 
 24. On what ground has the United States claimed the right 
 to interfere when railway traffic has been interrupted by strikes? 
 
 25. What is a copyright and how is it obtained? State for 
 how long a time it is issued. State its purpose. May it be 
 renewed ? 
 
 26. What is a patent? For how long a term is a patent 
 issued? How may it be renewed? What is the purpose of 
 granting patents ? 
 
 27. Mention the chief peculiarity in the government of the 
 District of Columbia. Explain the importance of congressional 
 control over the District of Columbia.
 
 264 ACTUAL GOVERNMENT OF NEW YORK 
 
 28. In what body is the government of a territory vested? 
 What representation has a territory in Congress ? 
 
 29. What is the restriction of the Constitution regarding the 
 origin of revenue bills ? What is the object of this restriction ? 
 
 30. Define "impeachment." What officers of the United 
 States are subject to impeachment? 
 
 31. Mention (1) two powers of the Senate not possessed by 
 the House of Representatives; (2) one power of the House 
 not possessed by the Senate. 
 
 32. What is meant by "executive session"? Which body 
 of Congress holds executive sessions? Mention two purposes 
 for which executive sessions are held. On what ground is 
 their abolition advocated? 
 
 33. Define " treaty." Show the importance of the power of 
 the Senate to ratify or reject treaties made by the president. 
 
 34. Show the importance of the power of the Senate to reject 
 nominations made by the president. 
 
 35. In whom is vested the power to try cases of impeachment ? 
 Give an account of the national court for the trial of impeach- 
 ments as to jurisdiction and method of procedure. 
 
 36. Mention five restrictions imposed on Congress by the 
 Constitution. 
 
 37. What application of the constitutional provision regard- 
 ing the apportionment of direct taxes was recently made by the 
 Supreme Court in regard to the income-tax law? 
 
 38. Give the provision of the Constitution in regard to 
 (1) privilege of the writ of habeas corpus, (2) bills for raising 
 revenue, (3) drawing of money from the Treasury. 
 
 39. Define "appropriation." Show the importance to the 
 people of the constitutional provision regarding appropriations. 
 
 40. Define " writ of habeas corpus." Explain the importance 
 of this writ as a protection to the right of personal liberty.
 
 LEGISLATIVE DEPARTMENT: POWERS 265 
 
 41. Define " bill of attainder." 
 
 42. What is an ex post facto law? Are there any such laws 
 in the United States ? Give a reason for your answer. 
 
 43. What is meant by "a title of nobility"? Why does 
 the Constitution forbid Congress to grant such a title ? 
 
 44. Is an income tax a direct tax under the Constitution? 
 State your authority. 
 
 45. By what authority is Congress allowed to lay and collect 
 a direct tax upon incomes? 
 
 46. A man being asked to what nation he belonged replied 
 that his father was an American, and his mother an English 
 woman ; that he was born on an Italian ship, sailing in Spanish 
 waters and flying a French flag. To what nation did he 
 belong ?
 
 CHAPTER XXI 
 LEGISLATIVE DEPARTMENT: ITS WORKING 
 
 The Senate Chamber. The work of the national legis- 
 lature is carried on in different parts of the Capitol, the 
 Senate Chamber occupying a part of the north wing, 
 the Chamber of the House of Representatives the south. 
 The room occupied by the Senate, naturally much the smaller 
 of the two, is rectangular in form, the seats being arranged 
 semicircularly, facing the chair of the presiding officer, which 
 occupies a raised marble dais at the end of the room. The 
 seats are armchairs, each with its desk. Around the four 
 sides of the room run galleries, one of which is reserved for 
 the president of the United States. The open space back 
 of the senators' chairs is furnished with sofas, and into this 
 senators may bring visitors. The bare aspect of the walls, 
 unbroken by windows (for the room is lighted from above) is 
 somewhat relieved by a few pictures. The Democrats 
 occupy the right side of the room, the Republicans the left ; 
 but because of the semicircular arrangement of the seats 
 they face the chair, not each other. 
 
 Chamber of the House. The chamber occupied by the 
 House is much larger — so large indeed as to make speak- 
 ing there a difficult task. Like the Senate Chamber, it is 
 lighted from above and supplied with huge galleries running 
 round all four sides and capable of seating 2500 people. 
 The seats of the members are arranged in concentric rows 
 about the Speaker's marble chair on its raised platform. 
 
 266
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 267 
 
 Below and in front of the Speaker rests the mace, and 
 here too are seated the clerks and official stenographers, 
 with the sergeant-at-arms to the right. As in the Senate 
 Chamber, there is an open space furnished with sofas 
 back of the members' seats to which certain visitors are 
 admitted. 
 
 Character of Members. In the character of their mem- 
 bers the two Houses show a somewhat marked difference, 
 the Senate containing a considerably larger proportion of 
 men of superior intellectual capacity, political experience, 
 and personal dignity. The great majority of the senators 
 are successful lawyers, many of whom still practice before 
 the Supreme Court ; and there are many ex-governors, ex- 
 representatives, ex-state judges, and ex-state legislators. In 
 the Senate of the Fifty-eighth Congress there were 20 ex- 
 governors, 4 ex-judges, and 33 ex-representatives. Thus 
 we have in the Senate a body of men possessed already of 
 considerable political training, whose political efficiency is 
 sure to be increased by their experience as senators. This 
 is not to say that the Senate is made up of men different 
 in kind from those in the House. Like the representatives, 
 the senators are for the most part active politicians who 
 have made their way by means of the ordinary political 
 metho.ds ; but the Senate, because it confers on its members 
 more power and greater dignity, a longer term of service 
 and a more independent position, has proved more attrac- 
 tive to men of ability and ambition, and has been able to 
 draw to itself the ablest of those who have chosen a political 
 career. In the House, as in the Senate, lawyers are numer- 
 ous, though they are for the most part not leaders in their 
 profession. The rest are recruited from the ranks of 
 the manufacturers, agriculturists, bankers, and journalists. 
 Great railroad men, like great lawyers, are rare, and for the
 
 268 ACTUAL GOVERNMENT OF NEW YORK 
 
 same reason. The attractions of a career in the House are 
 not sufficient to overcome those of a successful practice at the 
 bar or of a great railway business. Unlike the Senate, the 
 House of Representatives has few very wealthy members, 
 though few are very poor. Taking the House as a whole, it is 
 not made up of men of the highest culture or the widest in- 
 formation, though there is no lack of character, shrewdness, 
 and keen, if limited, intelligence. If they lack breadth of 
 view, it is due to lack of opportunity rather than to natural 
 incapacity. 
 
 Methods of Legislation. So much for the men by whom 
 the work of national legislation is conducted. Let us now 
 see something of the methods in use in the making of laws. 
 All laws enacted by the national legislature make their 
 first appearance in that body in the form of bills. A bill 
 is simply a form or draft of a proposed law, and may be 
 very radically changed before it is finally enacted. The 
 Constitution provides for three ways in which a bill, once 
 introduced into the Congress, may become a law : (i) It 
 may be passed by a majority of both Houses and signed by 
 the president. This is the normal way. (2) It may, 
 however, after passing both Houses, meet with the disap- 
 proval of the president. Thereupon it is returned without 
 his signature to the House in which it originated, his objec- 
 tions are entered upon the journal, the bill is reconsidered, 
 and may be repassed by a two-thirds vote of both Houses, the 
 vote being taken by yeas and nays. It then becomes a law 
 without the president's signature. (3) It may be passed 
 by a majority of both Houses and sent to the president, who 
 may neglect to return it within ten days, Sundays excepted. 
 In that case also it becomes a law without the president's 
 signature, unless Congress adjourns in the meantime. The 
 Constitution does not, however, attempt to lay down rules
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 269 
 
 as to the means by which Congress shall accomplish the 
 work intrusted to it. That body having been created, and 
 its powers and limitations clearly defined, it is left to work 
 out its own salvation and evolve its own methods. As the 
 field of legislation has grown wider and more complicated 
 with the growth of the nation, the methods of dealing with 
 it have also grown more complex, so that we cannot hope 
 here to follow them in detail. We must be content if we 
 can understand clearly the more important features of our 
 system of legislation. 
 
 Stages of a House Bill. 1 In order that a bill may be 
 enacted into law it must pass through the following stages : 
 First, it must be introduced. If it is introduced in the 
 House, this is done by handing it to the Speaker or laying 
 it on his desk in case it is a public bill, or by handing it to 
 the clerk of the House in case it is a private bill. When 
 reached in the order of business, the bill is read for the first 
 time by title only and is then referred by the Speaker to 
 its proper committee. In the committee the bill comes up 
 for discussion, after which the committee may decide 
 not to report it at all, to report it so late in the session that 
 no action can be taken upon it, to report it adversely, or to 
 report it favorably. If the bill is dropped in committee, it 
 is of course " killed " without actually reaching the House 
 at all. If it is reported adversely by the committee, it is 
 usually dropped by the House without debate, so that in 
 
 1 In the Senate the method of procedure is as follows : Each morning 
 the presiding officer of the Senate calls for the presentation of bills, resolu- 
 tions, and petitions; and the senators, each as he may secure recognition, 
 present such biUs as they may desire. In presenting a petition the senator 
 states briefly its purport and asks its reference to the appropriate committee. 
 When a bill is offered, it is carried by a page to the clerk's desk, the title 
 is read, and an appropriate reference ordered by the presiding officer, unless 
 the Senate, by a vote, itself directs the reference.
 
 270 ACTUAL GOVERNMENT OF NEW YORK 
 
 general only those bills that are reported favorably by the 
 committees are actually considered by the House. When re- 
 ported, the bill is read a second time, this time in full, and is 
 then placed on the calendar. This does not necessarily mean 
 that it will come up at some definite time for further con- 
 sideration. It may never get farther than the calendar, its 
 fate depending less upon its importance than upon the skill 
 and energy of the member who has it in charge. If a bill 
 succeeds in reaching a third reading, it is read by title only, 
 unless a reading in full is demanded. The question is then 
 put, " Shall the bill pass? " and the debate follows. When 
 the " previous question " is called for, the debate is closed 
 by the member reporting the bill, and the vote is taken. 
 
 If the bill passes the House, it is signed by the Speaker 
 and the clerk and is then taken to the Senate. Here it is 
 at once referred by the presiding officer to its appropriate 
 committee, after which it passes through practically the 
 same stages as in the House. If it passes the Senate un- 
 amended, it goes to the president for his signature ; but 
 either House has the power of amending the bills of the other, 
 and an amended bill must be returned to the House in which 
 it originated, and the amendment must be accepted before 
 it can be regarded as passed by the two Houses. In case 
 either House refuses to accept an amendment of the other, 
 the bill fails to become a law ; or a conference committee 
 is appointed, consisting of members from the Senate and 
 House committees concerned with the bill, and a compro- 
 mise may be agreed upon. The different methods of dis- 
 posing of bills that have passed both Houses of Congress 
 have already been considered (p. 268). 
 
 The Committee System. The process of legislation thus 
 described seems comparatively simple ; as a matter of 
 fact there is much here requiring explanation and comment.
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 271 
 
 Let us look first at the committee system. It is almost in- 
 evitable that when a great nation like our own vests its 
 lawmaking power in a representative body, that body, if 
 it is truly representative, should attain very considerable 
 size. One of the most difficult problems of representative 
 government is this one of getting large assemblies to per- 
 form the work of legislation promptly and efficiently. Two 
 plans for solving the problem have been worked out. One 
 is the plan of having the majority party in the legislative 
 body appoint a small committee of leaders to draft the 
 necessary measures, which are then adopted and intrusted 
 to this group of leaders for execution. These leaders are 
 held responsible. If their measures meet with the approval 
 of the people, they can count on retaining the support of 
 the majority in the representative body ; if not, the oppos- 
 ing minority will become a majority, and a new group of 
 leaders will be substituted. This is in brief the English plan 
 of solving the problem — the cabinet, or ministerial, system 
 of government. The other is the plan of dividing the 
 legislative body into a number of small groups, each with its 
 own field of action and each independent of the rest, the 
 legislative body as a whole having the power either to adopt 
 or reject the suggestions of the groups in regard to the 
 matters intrusted to them. This is the congressional plan 
 of government, the committee system, by which our legis- 
 lature accomplishes its work. 
 
 The Committees. 1 It is impossible here to review the 
 history of the committee system in the United States, inter- 
 esting as it is. A description of it as it exists and works 
 at present must suffice. In 1916 there were in the House of 
 Representatives fifty-eight regular committees, each consti- 
 tuting what Senator Hoar has called a " little legislature," 
 1 See Congressional Directory, 1916 edition, p. 183.
 
 272 ACTUAL GOVERNMENT OF NEW YORK 
 
 so far as the management of its own particular business is 
 concerned. In addition to these the House may at any 
 time create select committees for special purposes, such as 
 the conference committee, mentioned above, for the purpose 
 of conferring with a like committee from the Senate. The 
 House may also at any time go into " committee of the 
 whole " ; that is, the House may resolve itself into a com- 
 mittee, in order to debate more freely some measure pending. 
 When this is done, the Speaker calls some other member 
 to the chair, and the special rules of the House are suspended. 
 By far the greatest part of the work of Congress is done 
 in the regular standing committees, to which all bills are 
 referred. Among the most important of the standing com- 
 mittees of the House are the committees on rules, on ways 
 and means, on appropriations, elections, banking and 
 currency, accounts, rivers and harbors, judiciary, foreign 
 affairs, and military affairs. In the Senate there are 
 seventy-five standing committees. There are also three 
 joint standing committees. In the Senate, it will be re- 
 membered, the committees are selected by the Senate 
 itself. The most important of the Senate committees 
 are those on finance, on appropriations, foreign affairs, 
 privileges and elections, judiciary, and commerce. It is 
 by no means always certain to what committee a bill 
 should be referred, and this may become a matter of con- 
 siderable importance to the fate of the bill, since of two 
 possible committees one may be favorable, the other hos- 
 tile. The disposition to be made of petitions, memorials, 
 and private bills is indicated on them when they are handed 
 to the clerk by the members introducing them. Other bills 
 are regularly referred to their proper committees by the 
 Speaker, but his action may be changed in three ways: 
 (i) by unanimous vote of the House ; (2) on motion of the
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 273 
 
 committee claiming jurisdiction ; (3) on the report of the 
 committee to which the bill has been referred. If a dispute 
 arises as to the reference of .the bill, it is settled by vote of 
 the House. 
 
 Power of the Committee. When a bill has once been re- 
 ferred, the power of the committee over it is rarely ques- 
 tioned. Committee meetings for the consideration of 
 bills are usually secret, and the public has no means of 
 knowing how individual committee members have voted 
 or what influences have been brought to bear on the com- 
 mittee. Open meetings for taking evidence on the bill and 
 for hearing the arguments of its advocates and opponents 
 are often held, but unless the measure is one in which 
 public interest is already excited, the newspapers rarely 
 report the proceedings. Nominally the powers of the com- 
 mittee are limited to the consideration of bills submitted to 
 it, that is, it has no right to initiate bills of its own ; but 
 it may and does amend as freely as it chooses the bills 
 submitted, frequently transforming them completely. 
 Moreover, if it desires legislation on a subject concerning 
 which no bill has been introduced, it can readily procure 
 the introduction of the necessary measure. We have 
 already seen that the committee may practically kill a 
 measure by reporting it adversely, by reporting it too late 
 in the session, or by not reporting it at all ; and by the em- 
 ployment of one or the other of these methods the vast 
 majority of the bills introduced meet an early death. In 
 the long session of the Fifty-sixth Congress there were intro- 
 duced into both Houses 12,152 bills, of which only 1215 were 
 enacted into law ; that is, about nine tenths of the measures 
 introduced failed to pass. The House may, if it suspects 
 a committee of " smothering " a bill that public sentiment 
 favors, order the committee to report it, or it may transfer
 
 274 ACTUAL GOVERNMENT OF NEW YORK 
 
 the bill to another committee ; but these restraints upon 
 the power of the committee are rarely applied. 
 
 Reporting Bills. Even after the rigid sifting to which 
 the measures introduced are subjected by the committees, 
 there remain a great number of bills to be reported, and 
 the House can afford but a very limited time for hearing 
 and discussing the report of each committee. With the 
 exception of a few privileged committees — such as the one 
 on rules, the one on ways and means, and the one on appro- 
 priations, which may report at any time — each committee 
 is allowed, on the average, about two hours for the whole 
 session for making its report. This allows an extremely 
 limited time for debate, and the result is that the House is 
 practically forced to adopt the recommendations of the 
 committees in order to accomplish anything at all. The 
 member reporting the measure, usually the chairman of 
 the committee, has the privilege of opening and closing 
 the debate. He is allotted an hour in which to explain 
 and defend his measure. He seldom, however, uses all 
 of his time, but " yields the floor " for brief speeches to 
 other members, both friends and opponents of the bill, 
 previously agreed upon. He thus virtually controls the 
 debate. At the end of the allotted period he moves that 
 the report be accepted, and at the same time " moves the 
 previous question." This cuts off further amendment and 
 debate, and the bill is voted upon. 
 
 Logrolling. While it is doubtful whether there is or- 
 dinarily any great amount of unmitigated bribery prac- 
 ticed in securing legislation, the milder form of political 
 jobbery known as logrolling is not infrequently resorted 
 to. This device is used both while the bill is still in 
 the hands of the committee and after it is reported to 
 the House, in case there is any danger of its meeting with
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 275 
 
 real opposition on the floor. It is a bargain struck between 
 members, each of whom has "an ax to grind." " You 
 help me with my measure and I '11 help you with yours " is 
 the arrangement, and thus votes enough are secured in the 
 committee or friends enough on the floor of the House to 
 pass a measure that would otherwise be rejected. 
 
 Filibustering. In spite of logrolling and similar de- 
 vices, however, the course of legislation does not always 
 run so smoothly as the description given above might lead 
 one to suppose. It has happened not infrequently that the 
 opponents of a measure, while not numerous enough to 
 prevent its passage if it were allowed to come to a vote, are 
 still strong enough to obstruct business and prevent its 
 being voted upon, with the object of extorting a compromise 
 from the supporters of the measure. This process is 
 known as filibustering. It consists in making all sorts of 
 motions that can delay the business in hand — motions to 
 adjourn, motions to take a recess, and calling for the yeas 
 and nays on either of these questions. The last is an ex- 
 tremely effective and annoying means of obstructing busi- 
 ness, first, because it consumes so much time, and, second, 
 because it is permitted by a rule that the House cannot alter, 
 resting as it does on an express provision of the Constitution. 
 
 Methods of Voting. In order to understand these tactics 
 clearly we must know something of the methods of voting 
 employed by the House. Ordinarily, in taking the vote on 
 a question, the presiding officer simply calls in turn for 
 the ayes and noes, and judges by the volume of sound 
 as to whether it has been carried or lost. If, however, a 
 doubt exists, a division is taken in one of three ways: 
 either (1) those in favor and those opposed rise successively 
 and are counted by the Speaker, or, (2) if he is still in doubt 
 or if a count is called for by one fifth of those present, the
 
 276 ACTUAL GOVERNMENT OF NEW YORK 
 
 Speaker appoints two tellers, who stand in the middle gang- 
 way and count, as the members pass between them, first 
 those who vote in the affirmative and then those who vote 
 in the negative, or, (3) if the yeas and nays are demanded 
 by one fifth of those present, that method is adopted. The 
 clerk calls the roll of the House, each member who votes 
 answering " aye " or " no " to his name. This usually con- 
 sumes an hour or more. The roll is then called a second 
 time in order to give those an opportunity to vote who did 
 not vote on the first call, or to allow others to change their 
 votes. Since the Constitution provides that the yeas and 
 nays must be taken on any question — questions of adjourn- 
 ment as well as questions of substance — at the demand of 
 one fifth of those present, it is easy to see how potent a 
 means of obstruction this may be made. 
 
 Restraint of Filibustering. Of late the House has adopted 
 somewhat stringent rules to prevent filibustering, rules 
 as stringent, perhaps, as are at all necessary. It should 
 be remembered that it is a method that can be used suc- 
 cessfully only by a large minority, fertile in expedients, 
 and that the minority party will rarely combine for this 
 purpose except on important questions. Moreover, if 
 the question is one in which public interest has been 
 awakened, the party that employs such obstructive tactics 
 renders itself liable to popular disapproval — a risk that it 
 is rarely willing to take. Since, in extreme cases, the device 
 of filibustering may be used as a safeguard against the 
 abuse of the system of closure of debate by means of the 
 " previous question," perhaps it would not be wise to pre- 
 vent its employment altogether, even if that were possible. 
 
 Closure of Debate. In a large legislative body it is neces- 
 sary that means of expediting business be employed. One 
 such means is found in the adoption of the recommendations
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 277 
 
 of the committees. Another is the system of closure of debate 
 just mentioned. The debate is usually closed by " moving 
 the previous question" in the form, Shall the main ques- 
 tion now be put? If this is ordered (and the motion for 
 the previous question cannot itself be debated), the House 
 must at once proceed to a vote on the main question. Any 
 member may move this closure of debate without permis- 
 sion from the Speaker, and it may be passed by a majority 
 of those present. Until March 8, 191 7, there was no limit 
 upon debate in the Senate. To punish " a little group 
 of willful men" for defeating the war policy of President 
 Wilson by an abuse of the privilege of unlimited debate in 
 the closing hours of the Sixty-fourth Congress, the Senate 
 passed a resolution limiting debate whenever two thirds of 
 its members so directed. 
 
 Advantages and Disadvantages of the Committee System. 
 In the foregoing discussion of the committee system it has 
 already been suggested that this system possesses both ad- 
 vantages and disadvantages. These may now be pointed 
 out more definitely. Its chief advantages are : 
 
 (1) It kills off worthless bills at an early stage of their exist- 
 ence, thus preventing waste of time on the part of the House. 
 
 (2) Through it the House can accomplish vastly more 
 legislation than would otherwise be possible, though it runs 
 the risk of accepting the bad work of its committees as well 
 as the good. 
 
 (3) It promotes specialization in legislative work. Under 
 it each leader in the House may be assigned the work for 
 which he is especially fitted, and every subject of legislation 
 may be put into the hands of those members who know 
 most about it. 
 
 (4) It makes it possible for Congress to subject the 
 administrative departments to investigation at any time.
 
 278 ACTUAL GOVERNMENT OF NEW YORK 
 
 The committee cannot punish the departments for malad- 
 ministration, but it can make public the condition of affairs 
 and subject them to public censure. 
 
 (5) It makes possible cooperation between the executive 
 and legislative departments. Cabinet members cannot 
 urge their measures on the floor of the House, but they 
 may do so before the committees. 
 
 On the other hand, the following disadvantages of the 
 system have been cited : (1) It breaks up the unity of the 
 House ; (2) it cramps debate ; (3) it lessens the harmony 
 of legislation ; (4) it facilitates corruption ; (5) it reduces 
 responsibility ; (6) it dissipates the ability of the House 
 into independent groups ; (7) it lowers the interest of the 
 nation in the proceedings of Congress. 1 How the evils of 
 our committee system are to be remedied while its advan- 
 tages are retained is one of the problems of practical politics 
 for American citizens. 
 
 The Speaker. One more striking feature of our legisla- 
 tive system is the power over legislation intrusted to the 
 Speaker of the House of Representatives. One writer 
 calls him " the second, if not the first, political figure 
 in the United States," while another says of him that he is 
 " the most interesting and important legislative officer in 
 the American Commonwealth, if not in the world." We 
 borrowed our Speaker from the English House of Commons, 
 but we have radically changed his character. The English 
 speaker, no matter what his political affiliations or his 
 standing in his party before election, must immediately on 
 election forget his party and become simply a fair and judi- 
 cial presiding officer. The American Speaker, on the other 
 hand, is, and is expected to remain, a party leader, using 
 his office for party purposes. This does not mean that he is 
 
 1 Woodburn, pp. 284 seq.
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 279 
 
 privileged to use unfair means for furthering party projects, 
 or that he may wrest the rules of the House from their 
 obvious meaning in order to secure a party advantage ; 
 but he may make the fullest possible use of any means that 
 his office legitimately places in his hands for furthering the 
 interests of his party. 
 
 The Speaker : Sources of his Power. Formerly the 
 Speaker's power over legislation was derived in three 
 ways : (1) through his power of appointing committees ; 
 (2) through his power of granting or withholding recognition 
 to a member desiring to address the House; (3) through 
 his position as chairman of the committee on rules. 1 In 
 recent years, however, the Speaker has been shorn of much 
 of his former power. This has been accomplished through 
 the election by the House of its own committees instead of 
 having them appointed by the Speaker as formerly. Now 
 both the minority and the majority members of the com- 
 mittees are nominated by their respective parties in the 
 House and elected by vote of all members of the House. 
 Furthermore, the Speaker is no longer a member of the rules 
 committee. Others there are who would further limit the 
 power of the Speaker by making him merely a presiding 
 officer either chosen by the House outside of its membership 
 or directly by the people at presidential elections. The 
 president of the Senate is not a member of the Senate and 
 is chosen by the people. This fact furnishes the basis for 
 the suggestion outlined above relating to the choice of the 
 Speaker of the House. 
 
 Recognition. Through the Speaker's power of recogni- 
 tion he exercises almost as much influence over the course 
 
 1 In 1910 each party nominated its own representatives on the rules 
 committee, and the Speaker was not made a member; in 1911 the ways 
 and means committee appointed the remaining House committees.
 
 280 ACTUAL GOVERNMENT OF NEW YORK 
 
 of legislation as through his former power of appointing 
 committees. Originally the rule was that the Speaker 
 should recognize the member who first asked for recogni- 
 tion. In present practice there are few limitations on his 
 power to recognize whom he pleases. Ordinarily it is cus- 
 tomary for him to recognize the chairman of the committee, 
 that is, to recognize a committee in the person of its chair- 
 man in preference to an individual member. Similarly, while 
 a bill is passing through its various stages, preference is given 
 to the member who has it in charge. Custom has placed 
 upon him a few other restrictions also, but in emergencies 
 he may use his power of recognition in such a way as to give 
 him absolute control of legislation. He may prevent a 
 measure to which he objects from being voted upon at 
 all by refusing recognition to any member who wishes to 
 bring it to a vote. The only real limitation upon his 
 absolute power in the matter of recognition is the possi- 
 bility of calling down upon himself the disapproval of his 
 own party members. 
 
 Committee on Rules. The committee on rules con- 
 sists of only eleven members, seven from the majority party 
 and four from the minority — a committee which has in re- 
 cent years become by far the most powerful one in the House. 
 Its seven majority members are the ablest and most ex- 
 perienced members of their party — the party leaders. Un- 
 der existing rules this small committee has absolute power to 
 decide what business shall come before the House. This it 
 does by means of its exclusive power of initiating the special 
 order (an order of the House naming a special time for the 
 consideration of a measure). The power of the committee 
 has, of course, been given to it by vote of the majority in 
 the House and could be taken away from it in the same 
 manner. That it is permitted to retain it is due to the fact
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 281 
 
 that some such directing committee is necessary to enable 
 a body so large to accomplish its work. This committee 
 is now chosen by the House in the same manner as are the 
 other standing committees. 
 
 The Party Caucus. One other agency employed by Con- 
 gress to facilitate the work of legislation should be noticed. 
 This is the organization of parties in Congress. If we are to 
 have efficient and successful party government, it is clear 
 that some sort of organization is necessary. The party 
 must devise some means of informing its members of its 
 wishes in regard to the measures to be voted on, some 
 means of securing united action from its members on im- 
 portant questions, some means of noting changes of opinion 
 among its members. This work is accomplished by means 
 of the party caucus. At the beginning of every Congress, 
 caucus committees are chosen whose business it is to call 
 the caucus meetings and to act as general party managers 
 in the legislature. In matters of minor importance party 
 members are allowed a good deal of freedom, but if a 
 measure is deemed important enough to require concerted 
 party action, it is made a " caucus measure." A meeting of 
 all the party members is called, and all the force of party 
 influence is exerted to secure a unanimous party vote. 
 The member who " goes into caucus " on a measure is 
 considered in honor bound to vote upon it in the House 
 in accordance with the wishes of his party, and " bolting " 
 is very rare. 
 
 The Necessity for Expediting Business. We have seen 
 something of the way in which the House works and of 
 the variety of agencies it employs for expediting business. 
 The necessity for the employment of such agencies becomes 
 obvious when we consider how very large is the number of 
 bills introduced every year. In the Thirty-seventh Congress
 
 282 ACTUAL GOVERNMENT OF NEW YORK 
 
 (1861-1863) 1026 bills were introduced. In the Fifty- 
 seventh there were 22,000. The proportion of those that 
 pass is very small, and the vast majority never reach a third 
 reading. Many bills are introduced in the expectation that 
 they will be " buried" in committee or on the calendar. 
 They are introduced to satisfy a constituency or to gratify 
 some private or local interest, and the House understands 
 well enough what their fate is to be. Most of the bills 
 introduced are private bills, local or personal in character — ■ 
 bills for satisfying claims against the government, granting 
 pensions, etc. 
 
 Contrast between the Houses. More than one writer 
 has described the impression made upon him on seeing Con- 
 gress at work, and all have noted the contrast between the 
 two Houses. About the Senate there is an air of gravity and 
 dignity. It has been described as making somewhat the 
 impression of a diplomatic congress. At the same time it is 
 " modern, severe, practical." " The faces are keen and 
 forcible as of men who have learned to know the world and 
 have had much to do with it." The House, on the other 
 hand, makes a general impression of disorder, due in part to 
 " the raising and dropping of desk lids, the scratching of 
 pens, the clapping of hands to call the pages, . . . the pat- 
 tering of many feet, the hum of talking on the floor and in 
 the galleries," but due in part also to an " absence of dig- 
 nity both in its proceedings and in the bearing and aspect 
 of individual members." Yet it may be questioned whether 
 the House is not after all in some respects the more impres- 
 sive body of the two. Mr. Bryce says of it : 
 
 " This huge gray hall, filled with perpetual clamor, this 
 multitude of keen and eager faces, this ceaseless coming 
 and going of many feet, this irreverent public, watching from 
 the galleries and forcing its way onto the floor, all speak to
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 283 
 
 the beholder's mind of the mighty democracy, destined in 
 another century to form one half of civilized mankind, whose 
 affairs are here debated. If the men are not great, the in- 
 terests and the issues are vast and fateful. Here, as so 
 often in America, one thinks rather of the future than of the 
 present. Of what tremendous struggles may not this hall 
 become the theater in ages yet far distant, when the parlia- 
 ments of Europe have shrunk to insignificance? " 
 
 Desirability of Career in Congress. It would seem as if a 
 career in Congress, the supreme legislative body of one 
 of the greatest nations in the world, ought to offer attrac- 
 tions at least equal to those of the professions and the higher 
 spheres of commercial and industrial life. As a matter of 
 fact, however, political life attracts comparatively few of 
 the most highly gifted and ambitious. Not only is the 
 congressman's tenure of his position very precarious, but 
 the position itself offers little opportunity for distinction. 
 The real work of legislation is done in the committee, and 
 the world sees and knows nothing of it. Real merit and 
 ability will gain recognition in Congress as everywhere else, 
 provided its possessor is permitted to remain there long 
 enough to make his influence felt; but comparatively few 
 are so permitted. This is particularly true of the House. 
 By the time a new member has mastered thoroughly the 
 procedure of the House, his term is at an end, and he has 
 had no opportunity to distinguish himself. If he is re- 
 turned for more than a second term, he is one of a fortunate 
 few. The position of senator is naturally more desirable 
 than that of representative. He has more power, more 
 dignity, a more permanent and more independent position. 
 In some respects, indeed, the position of senator is the 
 most desirable in the political world. It is more permanent 
 than that of president or cabinet officer, it requires less
 
 284 ACTUAL GOVERNMENT OF NEW YORK 
 
 labor, it involves less vexation by office-seekers ; but it is 
 open to only a few. Of those who seek a political career 
 the great majority must content themselves with the much 
 less attractive work of the House. 
 
 Library References. Macy, chap, xxxiv ; Macy, First Lessons, 
 chap, xvii ; Dawes, chaps, iv-v; Bryce, Vol. I, chaps, xii-xv, xix; 
 Hinsdale, chap, xxiv; Wilson, §§ 1061-1062, 1071-1077, 1080-1081 ; 
 Congressional Directory; Wilson, Congressional Government, chap, ii, 
 pp. 168-169, 193-219, chap, vi; Harrison, chap, hi; Alton, chaps, 
 v-vi, viii, xi, xv-xvi, xx-xxiii, xxv-xxviii, xxx-xxxii ; Lalor, Article on 
 Parliamentary Law; Woodburn, pp. 223-226, 230-231, 257-301, 
 313-315; Fiske, pp. 228-230. 
 
 QUESTIONS ON THE TEXT 
 
 1. What are legislative bills? Where may they originate 
 under the national government? What is the difference be- 
 tween a bill and a law? 
 
 2. State the provision of the Constitution regarding bills 
 vetoed by the president. Give a reason for this provision. 
 
 3. Give the different steps by which a bill becomes a law. 
 
 4. What are legislative committees? What are their rela- 
 tions to legislation? 
 
 5. Explain the necessity of legislative committees. State 
 two evils that may result from transacting business through 
 such committees. 
 
 6. State the advantages of committees in legislative bodies. 
 What is meant by " committee of the whole " ? State an 
 advantage of considering a bill in committee of the whole. 
 
 7. What power has the Speaker of the House over legis- 
 lation ? 
 
 8. How is a bill introduced in the Senate ? in the House ? 
 
 9. If a committee attempts to smother a bill, how may 
 Congress regain possession of it ?
 
 LEGISLATIVE DEPARTMENT: ITS WORKING 285 
 
 10. How is a vote on a bill taken ? In cases of doubt, what 
 means may be resorted to ? 
 
 11. Explain the meaning and use of the following terms as 
 applied to Congress : " caucus," " log rolling," " jobbery," " bolt- 
 ing," " special order," " counting a quorum," " filibustering." 
 
 12. Which house of Congress is the more dignified, and why ? 
 Discuss fully. 
 
 13. Define the "cabinet, or ministerial, system" of govern- 
 ment; the "congressional, or committee, system." 
 
 14. In how many ways may a committee kill a measure 
 referred to it? In what other way may a committee shape 
 legislation ?
 
 CHAPTER XXII 
 
 EXECUTIVE DEPARTMENT: PRESIDENT AND 
 VICE PRESIDENT 
 
 Executive Department. We come now to the considera- 
 tion of another of the three great departments essential 
 to every complete government — the executive. We 
 have seen how the Constitution provided for the creation 
 and organization of a law-making department and endowed 
 it with powers, and we have learned something of the way 
 in which this branch of government has developed in actual 
 practice and of the means by which it performs its functions. 
 It is our task now to ask the same questions in regard to 
 the law-enforcing department : How was it created ? How 
 is it organized ? What may it do ? How does it do it ? 
 
 The Convention and the Presidency. The makers of 
 our Constitution believed firmly in the separation and co- 
 ordination of the three branches of government. To a 
 greater or less extent this separation existed in the govern- 
 ments of the various states, and their undoubted superior- 
 ity to the government of the Confederation, in which such 
 executive functions as existed were united with the legis- 
 lative, was attributed to this fact of separation. The 
 desire to establish a similar separation of powers in the 
 national government, with only so much interaction as was 
 absolutely necessary in order to prevent the usurpation of 
 power by any one of the three branches, is seen very clearly 
 in the organization of all of them. It is seen particularly 
 
 286
 
 287
 
 288 ACTUAL GOVERNMENT OF NEW YORK 
 
 in the creation of what had not before existed, namely, the 
 office of president of the United States.- The Congress of 
 the Confederation had had a presiding officer whom they 
 called a president, but aside from the duty of presiding at 
 the meetings of Congress, his function differed not at all 
 from those of his colleagues. He was in no sense the execu- 
 tive head of a government. 
 
 A Difficult Question. The problems with which the Con- 
 vention struggled in creating and organizing a separate 
 executive department seem to have been in some respects 
 the most troublesome with which it had to deal. Al- 
 most every question that arose in connection with the 
 matter called forth serious debate. Whether there should 
 be a single executive or an executive body or council, what 
 should be the length of the term, whether or not the execu- 
 tive should be reeligible, what should be the manner of 
 choice — on all these points widely different opinions were 
 entertained in the Convention. One of them, the question 
 as to the method of choice, is said to have occupied a seventh 
 of the whole time of the Convention. 
 
 Plan Adopted. We are now so accustomed in all our 
 governments, national, state, and local, to the practice of 
 vesting executive authority in a single person, that the idea 
 of a plural executive seems strange to us ; yet in the Con- 
 vention the plan of having a plural executive was warmly 
 advocated. To many of the men of that period the idea 
 of a single executive savored of monarchy, and monarchy 
 they could not abide. It was argued in the Convention 
 that the people would never ratify a constitution that pro- 
 vided for a single executive. On the other hand, the failure of 
 the Confederation had convinced many that what the coun- 
 try needed above all things was a strong executive, capable 
 of acting vigorously and promptly ; and this, it was argued,
 
 PRESIDENT AND VICE PRESIDENT 289 
 
 could never be secured through a council or assembly. This 
 view finally prevailed and a single executive was agreed to, 
 but the Convention took good care to safeguard the liberties 
 of the people in a variety of ways. They devised a mode 
 of election that was intended to make him independent of 
 the national legislature and free to devote himself solely 
 to the interests of the whole people ; they made him subject 
 to impeachment and removal in case he betrayed the trust 
 reposed in him ; they limited his term of office ; they gave 
 the Senate a share with him in certain very important ex- 
 ecutive functions ; and they gave the control of the public 
 purse into the hands of Congress. It would seem sufficiently 
 obvious that such limitations as these are hardly compatible 
 with monarchical power such as the men of that time stood 
 in dread of ; yet it was deemed wise to attempt to prove 
 in The Federalist that no very close analogy existed between 
 the king and the president of the United States. 
 
 Qualifications for the Presidency. The Constitution 
 requires that the candidate for the presidency shall be a 
 natural-born citizen or a citizen at the time of the adoption 
 of the Constitution, that he shall be at least thirty-five years 
 of age, and that he shall have been for fourteen years a resi- 
 dent within the United States. The clause making eligible 
 those who were citizens at the time of the adoption of the 
 Constitution, even though foreign-born, has of course be- 
 come inoperative. It was inserted in order not to bar out 
 such men as Hamilton and Wilson, who, though not born 
 within the United States, were among the ablest, most de- 
 voted, and most patriotic citizens of the young republic. 
 The phrase " natural-born citizens " has been interpreted 
 to mean born within the jurisdiction of the United States. 
 Thus children born to American citizens on American vessels 
 in foreign ports, or to our ambassadors, consuls, or other
 
 290 ACTUAL GOVERNMENT OF NEW YORK 
 
 representatives in foreign countries, or to American citizens 
 traveling or temporarily sojourning abroad, do not become 
 ineligible to this office. On the other hand, children born 
 in this country to foreign representatives are not eligible. 
 
 Term and Reeligibility. Widely varying opinions were 
 held in the Convention as to what should be the length of 
 the president's term of office, and the question was closely 
 bound up with that of his reeligibility and the manner of 
 election. Four years was the term fixed by the Constitution, 
 and the president was made reeligible. Some suggested 
 three years and many favored a longer term, five, six, 
 seven, and ten years being among the suggestions. Hamil- 
 ton, in his desire to create a strong executive, favored a life 
 term subject only to removal by impeachment. In general 
 those who favored a long term were also in favor of making 
 the president ineligible for reelection. Likewise, those who 
 favored his election by Congress (for that was one of the 
 modes of election proposed) thought that he ought not to 
 be made reeligible, since that would increase the likelihood 
 of his intriguing with Congress for reelection. While the 
 Constitution places no limit on the reelection of the presi- 
 dent, the custom of reelection but once has become so firmly 
 fixed that it would be very difficult to change it. Many 
 now question the wisdom of allowing even a second term. 
 They argue that under the present arrangement the presi- 
 dent is likely to be more concerned about being president 
 for two terms than about being a good president for one ; 
 and that he will in consequence strive to please the party 
 managers, and only secondarily to serve the people. 
 
 Salary. While the Constitution provides that the presi- 
 dent shall receive compensation for his services, it makes 
 no attempt to determine the amount of his salary. It only 
 provides that it " shall neither be increased nor diminished
 
 PRESIDENT AND VICE PRESIDENT 291 
 
 during the period for which he shall have been elected," 
 and that " he shall not receive within that period any other 
 emolument from the United States or any of them." Con- 
 gress first fixed the salary of the president at $25,000. In 
 1873 this was increased to $50,000, and in 1909 to $75,000, 
 with an allowance of $25,000 per year for traveling ex- 
 penses. 1 In addition to his salary the president is given 
 the use of the national executive mansion, the White 
 House. The cost of maintaining the executive branch of our 
 government including the salaries of the president, the vice 
 president, and the secretary to the president, together with 
 the expenditures for the care of the executive mansion and 
 a few other items, is extremely small compared with similar 
 expenditures by foreign governments. 
 
 Election: Methods Proposed in the Convention. These 
 questions of the qualifications, term, salary, etc., of the 
 chief executive were the easiest ones with which the Con- 
 vention had to deal in organizing the executive department. 
 They met the most difficult one when they attempted to 
 devise a method of election. When their work was finished, 
 there was no other part of the Constitution that they re- 
 garded with so much satisfaction as the plan agreed upon ; 
 yet no other part has failed so completely to fulfill the ex- 
 pectations entertained of it. In the Convention almost 
 every possible method of choice was proposed. Some 
 proposed that the president be elected by Congress ; others 
 that he be elected by the executives of the states ; others 
 by the state legislatures ; others by electors chosen by the 
 state legislatures or by the people. Mr. Wilson of Pennsyl- 
 vania proposed direct election by the people, apologizing at 
 
 1 The emperor of Germany has a salary approximately of $3,850,000; 
 the king of England, $2,350,000; the president of France, $120,000 and 
 $1 20,000 for expenses.
 
 2Q2 ACTUAL GOVERNMENT OF NEW YORK 
 
 the same time for his suggestion, because he felt that it 
 would appear chimerical to the Convention. If there 
 existed in the Convention a deep-seated fear of monarchy, 
 there was an almost equal distrust of pure democracy. It 
 was not believed that the people would possess the informa- 
 tion or the discernment necessary to enable them to choose 
 the best man for the place ; it was thought that they would 
 be too much at the mercy of demagogues, and that, more- 
 over, to leave the decision of so important a matter in 
 their hands might result in tumult and disorder. On the 
 other hand, if the choice were left to Congress or any other 
 preexisting body that could be tampered with beforehand, 
 there would be danger of intrigue and corruption. The 
 Convention deemed it desirable that the people should have 
 some voice in the matter, but they thought it wise to place 
 the immediate election in the hands of a specially chosen 
 electoral college, which, after due deliberation, should choose 
 as wisely as possible. Hence the double mode of election. 
 Method Chosen. As originally wrought out in the Con- 
 stitution, this method was as follows : Each state was to 
 select, in whatever manner the state legislature might direct, 
 a number of electors equal to the number of its senators 
 and representatives in Congress, but no United States officer 
 was to be eligible to an electorship. The electors were then 
 to meet in their respective states on a day fixed by law and 
 vote for two persons, one of whom was to be an inhabitant 
 of some other state than their own. They were then to 
 send sealed to the capital a certified list of the persons voted 
 for, with the number of votes received by each, and these 
 lists were there to be opened by the president of the Senate, 
 in the presence of both Houses, and counted. The person 
 receiving the highest number of votes, provided that number 
 were a majority of the whole number of electors, was to be
 
 PRESIDENT AND VICE PRESIDENT 293 
 
 president, and the person having the next highest number 
 was to be vice president. If two candidates had an equal 
 number and that number a majority, or if no candidate had 
 a majority, the House of Representatives was to choose the 
 president, in the first case from the two that were " tied," 
 in the last case from the five highest on the list. The House 
 was to vote by states, the whole representation from each 
 state voting as one, two thirds of all the states constituting 
 a quorum, and a majority of all the states being necessary 
 for election. In case of a tie for vice president the Senate 
 was to elect that official. 
 
 A Defect Discovered. It will be noticed that according 
 to this provision the electors might vote for two persons 
 without designating which one they desired for president 
 and which for vice president. The one receiving the great- 
 est number of votes in excess of a majority was to be presi- 
 dent, and the person receiving the next highest number, 
 whether it was a majority or not, was to be vice president. 
 The result was that in the election of 1800, Jefferson, whom 
 the electors desired for president, received the same number 
 of votes as Burr, whom they had meant to elect vice, presi- 
 dent. This gave the power of election to the House, and 
 Jefferson was elected, though not without difficulty. This 
 incident led to the adoption of the Twelfth Amendment, 
 which provides the present mode of election. 
 
 The Twelfth Amendment. By this amendment it is pro- 
 vided that the president and the vice president shall be 
 voted for separately, and that distinct lists of those voted 
 for shall be sent to the capital. The votes are to be opened 
 and counted as provided before, and in case no candidate 
 has a majority, the House is to elect as before, except that 
 it is to choose from the three instead of the five highest. 
 If, when the choice devolves upon the House, that body fails
 
 294 ACTUAL GOVERNMENT OF NEW YORK 
 
 to elect a president before the fourth of March, the newly 
 elected vice president shall act as president. If the electors 
 fail to elect a vice president, that duty devolves upon the 
 Senate, which makes its choice from the two highest on the 
 list voted on for vice president. In case neither president 
 nor vice president should be chosen before the fourth of 
 March, the Constitution makes no provision for the 
 succession. 
 
 Another Defect. In the election of 1876 another defect 
 became apparent. In that election there were 369 electoral 
 votes to be cast, 185 being necessary to a choice. Of these 
 Mr. Tilden, the Democratic candidate, had unquestionably 
 received 184, while Mr. Hayes had received 164 undis- 
 puted votes. In four states, however (South Carolina, 
 Florida, Louisiana, and Oregon), with 21 electoral votes, 
 both parties claimed the election. In all these states 
 both sets of electors had met, voted, and sent up cer- 
 tified returns. The question now arose, " Who shall 
 decide which return is to be accepted?" All that the 
 Constitution says in regard to the matter is that " the 
 president of the Senate shall, in the presence of the 
 Senate and House of Representatives, open all the certifi- 
 cates and the votes shall then be counted." The Republicans 
 insisted that the vice president, a Republican, should decide, 
 since he was president of the Senate. The Democrats main- 
 tained that since the count was to be made in the presence 
 of Congress, the reasonable inference was that that body 
 was to decide upon the validity of it. In this case, however, 
 the Senate was Republican and the House Democratic, so 
 that the only result of leaving the decision to Congress would 
 be a deadlock. The difficulty was temporarily solved by 
 the creation by Congress of an electoral commission consist- 
 ing of five senators, five representatives, and five justices
 
 PRESIDENT AND VICE PRESIDENT 295 
 
 of the Supreme Court. The vote in the commission, which 
 was made up of eight Republicans and seven Democrats, was 
 given on strictly party lines, and the Republican candidate 
 was elected. In 1887 an act was passed by Congress requir- 
 ing the choice of electors to be settled by the laws of the 
 state at least six days before the meeting of the electors. In 
 case such settlement is not effected, the dispute is referred 
 to Congress, and if Congress fails to decide, the electoral 
 vote of the state is lost. 
 
 Time and Method of Choosing Electors. The Constitution 
 gives to Congress the right to determine the time for choosing 
 the electors in the various states, as well as the right to fix 
 the day when the electors shall cast their votes. The only 
 restriction is that the day fixed for the final vote shall be the 
 same throughout the United States. The time of choosing 
 electors and the time when they should meet and vote for 
 president and vice president has been changed by Congress 
 at different times. These changes have been made with a 
 view to making it easier to settle disputed elections. The 
 law now is that electors shall be chosen on the first Tues- 
 day after the first Monday in November, and shall meet 
 and vote for president and vice president on the second 
 Monday in January following. The method of choosing 
 the electors was left by the Constitution to the 
 decision of the state legislatures ; consequently it would 
 be possible for them to be chosen in a great variety 
 of ways. As a matter of fact, the method is now uni- 
 form. Electors are chosen in every state on a common 
 ticket by direct popular vote. At one time the dis- 
 trict plan of election was used in some of the states, 
 but this had long been abandoned when, in 1891, it was 
 revived in Michigan by an act of the legislature. The 
 law was contested in the courts, but it was declared
 
 296 ACTUAL GOVERNMENT OF NEW YORK 
 
 constitutional by the Supreme Court. It was, however, 
 repealed in 1893. 
 
 Failure of the Electoral College. Such, then, is the 
 method of the presidential election as provided by the Con- 
 stitution and by statute. How does it work in practice? 
 We have seen that in providing the method of double elec- 
 tion the framers of the Constitution were influenced by the 
 belief that it would secure the choice of men especially 
 fitted for the electorship, who would then, unfettered by 
 outside influence, make the choice that seemed to them 
 the wisest. Naturally they could not foresee the growth of 
 our party system of government, which was to render their 
 carefully elaborated scheme a failure and make of the 
 electoral college a mere machine for registering the choice of 
 the people ; for this is what it has become. Every elector 
 has an unquestionable legal right to vote for whom he 
 pleases, but he is bound by a pledge of honor, by a custom 
 as strong as any law, to vote for the candidate of his party. 
 So completely has the elector become a mere party agent, 
 whose sole business it is to ratify the choice already made, 
 that in general nobody knows and nobody cares what his 
 personal qualifications may be. 1 The voter, when he casts 
 his ballot, is in reality voting directly for the presidential 
 candidate whose name is placed at the top of the ticket. 
 
 A More Serious Defect. Some of the other consequences 
 of the employment of this particular method of election 
 under the system of party government are more serious. 
 The present system of choosing the electors by general 
 ticket over the whole state makes the election virtually an 
 election by states. The state " goes Republican " or it 
 
 1 Divided state delegations are, to be sure, by no means unknown. Oc- 
 casionally this is due to the rejection of a candidate on personal grounds; 
 more frequently to other reasons. See Woodburn, p. 127, note.
 
 PRESIDENT AND VICE PRESIDENT 297 
 
 " goes Democratic " ; that is, it elects,.with rare exceptions, 
 its full complement of electors from a single party, and casts 
 the whole number of its electoral votes for the candidate 
 of that party. Now it may happen that in one state the 
 plurality of the winning party is very large and more than 
 overcomes the small adverse pluralities in a dozen states, 
 while the electoral vote of the dozen states is greater than 
 that in the one state giving a larger plurality. For example, 
 in the presidential election of 1900, Idaho, with three elec- 
 toral votes, gave Mr. Bryan a plurality of 2448 votes ; 
 Kentucky, with thirteen votes, gave him a plurality of 
 7975 ; Nevada, with three electoral votes, gave him 2516 
 — a total plurality in the three states named of 12,939; 
 Michigan, with fourteen electoral votes, gave Mr. McKinley 
 a plurality of 104,584. Thus Mr. McKinley, with 91,645 
 more votes than his opponent received, would have been 
 defeated in the electoral college by a vote of 19 to 14 if the 
 decision had been left to the four states above named. 
 Thus it will be seen that the electoral college may be the 
 means of defeating the clearly expressed wishes of the 
 people. This actually happened in 1888, when Mr. Cleve- 
 land received a plurality over Mr. Harrison of 95,534. 
 This verdict of the individual voters was reversed by the 
 electoral college, which gave Mr. Harrison 233 electoral 
 votes as against 168 for Mr. Cleveland. Moreover, under 
 the present plan the struggle is concentrated in a few 
 doubtful states. To win or lose them means to win or lose 
 the election, and this naturally increases the temptation 
 to political corruption in those states. 
 
 Presidential Primaries. In some states presidential 
 primaries are held. At these primaries, voters are per- 
 mitted to express by ballot their preference for president 
 and vice president. In this way the wishes of the people
 
 298 ACTUAL GOVERNMENT OF NEW YORK 
 
 are determined. While these results are merely suggestive, 
 it is more than likely that delegates to national conventions 
 will be chosen in harmony with the wishes of the voters as 
 expressed in such primaries. The present tendency is 
 toward direct nomination by the individual voter of candi- 
 dates for the presidency. Direct nomination and direct 
 election of the president by the individual voter without 
 reference to state lines and the abolition of the electoral 
 college are present-day tendencies. 
 
 Presidential Succession. The president is removable 
 only on impeachment. Only one president, Andrew John- 
 son, has been impeached, and he was acquitted. A vacancy 
 in the presidential office may, however, occur in a variety 
 of other ways — by the death or resignation of the incum- 
 bent ; by his inability, from whatever cause, to discharge 
 the duties and powers of the office ; by the refusal of the 
 newly elected president to accept the office, though this is 
 not likely to occur. If a vacancy does occur in any of these 
 ways, the vice president succeeds to the office. Further 
 than this the Constitution makes no provision for the 
 presidential succession, but the deficiency has been supplied 
 by statute. By the presidential succession bill of 1886 it 
 is provided that in case of the inability of both president 
 and vice president to perform the duties of the office, 
 the cabinet officers shall succeed in the following order : 
 (1) Secretary of State, (2) Secretary of the Treasury, 
 (3) Secretary of War, (4) Attorney-General, (5) Postmaster- 
 General, (6) Secretary of the Navy, (7) Secretary of the 
 Interior. A bill making the Secretary of Agriculture 
 eighth and the Secretary of Commerce and Labor 1 ninth in 
 the order of presidential succession was introduced in the 
 Fifty-eighth Congress, but failed to become a law. 
 
 1 See pp. 323-324 for the later division of this department.
 
 PRESIDENT AND VICE PRESIDENT 299 
 
 The President's Powers. Just as we saw that to the 
 national legislature are intrusted executive and judicial as 
 well as legislative functions, so also to an even greater ex- 
 tent the executive exercises legislative and judicial functions. 
 His executive functions are : 
 
 (1) To be commander in chief of the army and navy of 
 the United States, and of the militia of the several states 
 when called into the service of the United States ; 
 
 (2) To make treaties with the concurrence of two thirds 
 of the Senate ; 
 
 (3) To nominate and, with the consent of the Senate, 
 appoint ambassadors, other public ministers and consuls, 
 judges of the Supreme Court, and all other officers not 
 otherwise provided for by the Constitution or by statute ; 
 
 (4) To receive ambassadors and other public ministers ; 
 
 (5) To commission all officers of the United States; 
 
 (6) To take care that the laws are faithfully executed. 
 His legislative powers are : 
 
 (1) To sign or veto measures passed by Congress; 
 
 (2) To inform Congress of the state of the Union and 
 recommend measures for their consideration ; 
 
 (3) To call special sessions of Congress ; 
 
 (4) To adjourn Congress when the Houses cannot agree 
 upon the time of adjournment. 
 
 His judicial function is to grant reprieves and pardons 
 and to commute sentences for offenses committed against 
 the United States, except in cases of impeachment. 
 
 Classification not Absolute. This classification must not 
 be taken too absolutely, for a moment's consideration 
 will show that some of these powers really fall into two 
 classes. In making treaties, for instance, the president ex- 
 ercises not only executive functions but legislative as well, 
 since treaties are a part of the supreme law of the land.
 
 300 ACTUAL GOVERNMENT OF NEW YORK 
 
 The appointment of judicial officers also, while it is strictly 
 an administrative act, has a distinctly judicial bearing. 
 
 His Legislative Powers. Some of these presidential 
 powers require further discussion. Very important are the 
 president's legislative powers. In the power to call extraor- 
 dinary sessions of Congress and to communicate his mes- 
 sage he has a real power to initiate legislation. There is no 
 legal bar to his constructing and presenting regular bills to 
 Congress, only the custom has never happened to grow up. 1 
 Instead, the heads of the administrative departments make 
 written reports and public recommendations, have private 
 conferences with the congressional committees, and use their 
 personal influence with party leaders in the House to secure 
 the necessary legislation. While the president's annual 
 message may exercise considerable influence on legislation, 
 it does not necessarily do so, particularly if the majority in 
 Congress is not of the president's party. There have 
 been two plans of presenting the president's message. 
 Washington and Adams appeared in Congress in person 
 and addressed the two houses assembled in joint session. 
 Jefferson inaugurated the custom of sending the presi- 
 dent's message to be read in each house by the secretary or 
 clerk, and this remained the custom for more than a century. 
 President Wilson returned to the plan inaugurated by 
 Washington and personally appeared before Congress in 
 joint session and delivered his message. 
 
 The Veto. The president, however, exercises his most 
 effective power over legislation in a negative way by means 
 of the veto. We have referred before to the president's 
 veto power (p. 268), but we have not studied fully the 
 method of its working. When a bill that has passed 
 Congress comes to the executive mansion, it is usually sent 
 1 See Woodburn, pp. 144-145.
 
 PRESIDENT AND VICE PRESIDENT 301 
 
 to the head of the department concerned, or, if there is a 
 question of its constitutionality, to the Attorney-General. 
 The president then takes it up with the report of the depart- 
 ment, and either signs it or vetoes it in the manner pre- 
 scribed by the Constitution. In case Congress adjourns 
 within ten days (Sundays excepted) after sending a bill 
 to the president, he may simply disregard it altogether, 
 neither signing nor returning it. This so-called " pocket 
 veto," unlike the regular veto, is an absolute one and may 
 be employed very effectively to prevent Congress from over- 
 whelming the president with a host of bills at the end of a 
 session. It is just this hasty legislation crowded into the last 
 few days of a session that needs the most careful scrutiny, 
 and it is well that the president should be given some such 
 power over it as that provided by the pocket veto. 
 
 Restrictions on the Veto. The president's regular veto is 
 of course a restricted one. In the first place, it may be 
 overridden by a two-thirds vote of each house, that is, by 
 two-thirds of those present and voting. In the second 
 place, the president must approve or disapprove the bill as a 
 whole. He cannot veto one item or proposition and assent 
 to the rest. It is this necessity that gave rise to the custom 
 of attaching " riders " to important bills. The rider has 
 been defined as "an unrelated piece of legislation attached 
 to another legislative measure with the purpose of having it 
 ride through on the merits of the measure to which it is at- 
 tached." They are usually attached to appropriation bills, 
 and virtually say to the president, " Sign this measure or find 
 your own means for running the government." The practice 
 of attaching riders to important bills became common, and 
 gave rise to serious abuse. Public opinion has condemned it. 
 
 Working of the Veto. The veto power is an extremely 
 important one and has worked remarkably well. It may
 
 302 ACTUAL GOVERNMENT OF NEW YORK 
 
 prevent inexpedient and unwise legislation, and it must act 
 in any case as an appeal to the sober second thought of Con- 
 gress and the nation. It was never intended to be a positive 
 check upon legislation, nor does it in general act as one, but 
 it does check overhasty legislation. It was originally given 
 to the executive as a means of preventing the legislative de- 
 partment from encroaching on his own powers or those of 
 the judiciary, but it has come to be used on the much wider 
 ground of general expediency also, and of this public opinion 
 approves. Most of the presidents have made a very sparing 
 use of the power, and where they have employed it freely 
 their course has in general been approved both by the 
 nation at large and by Congress when it came to reconsider 
 its action. 
 
 Calling Extra Sessions. The power of calling an extra 
 session of Congress or of either house is granted to the 
 president in order to enable him to meet an unforeseen 
 emergency. The emergency might be the immediate 
 consideration of a treaty, the probability of war, the neces- 
 sity of preserving the credit of the country or providing funds 
 to conduct the government. The power of convening Con- 
 gress in extra session has been rarely exercised. A special 
 session of the House alone has never been called. Special 
 sessions of the Senate are more common. It is customary 
 for the outgoing president to convene the Senate to act upon 
 the nominations for cabinet and other officers which the 
 new president will make immediately after his inauguration. 
 
 Treaty-making Power. Another very important presi- 
 dential power that is perhaps more legislative than executive 
 is the treaty-making power. This power can be exercised 
 only with the concurrence of two-thirds of the senators 
 present. There is also, of course, the implied restriction 
 that the treaty shall be in all respects constitutional. The
 
 PRESIDENT AND VICE PRESIDENT 303 
 
 usual steps in the negotiation of a treaty are as follows : If 
 friendly relations exist between the two nations concerned, 
 the negotiations are conducted at the capital of the one from 
 which the suggestion first came. If this is in Washington, 
 the Secretary of State acts for the United States, and the 
 minister of the foreign country concerned acts for his 
 government. If the treaty is negotiated in some other 
 country, the United States minister to that country, or 
 some other person or persons appointed by the president, 
 act for this government. In either case the president directs 
 the general course of the negotiations. A peace treaty 
 closing a war is generally negotiated in some neutral capital 
 by special commissioners from the two or more nations 
 concerned. After a treaty has been framed, it is sent to 
 the Senate, where it is discussed in executive session. The 
 Senate may approve it as it stands, may reject it, or may 
 amend it. If amendments are made, they must be ac- 
 cepted by the president and by the other government 
 interested. When it has been finally approved on both 
 sides, duplicate copies are made, signed by the chief officers 
 of both governments, and then exchanged. This is called 
 the " exchange of ratifications." The president then 
 publishes the treaty, proclaiming it at the same time as a 
 part of the law of the land. 
 
 The Appointing Power conferred upon the president is 
 probably the power that gives him his greatest political in- 
 fluence. The necessity of giving him large appointing powers 
 grows naturally out of the duty laid upon him to " take 
 care that the laws be faithfully executed." It will be seen, 
 however, that the Constitution gives Congress authority to 
 reduce very considerably the president's power over appoint- 
 ments. " The Congress may by law vest the appoint- 
 ment of such inferior officers as they think proper ... in
 
 304 ACTUAL GOVERNMENT OF NEW YORK 
 
 the courts of law or in the heads of departments." Besides 
 the ambassadors and other public ministers, consuls, and 
 judges appointed by the president with the consent of the 
 Senate, a large number of other officers whose positions have 
 been established by law, among them the heads of the ex- 
 ecutive departments, receive their appointments in the same 
 way. The president cannot, of course, examine personally 
 into the fitness of all his appointments. He must depend 
 largely upon the advice of the heads of departments and 
 upon the recommendations of senators and representatives 
 of his own party from the states in which the office is lo- 
 cated. Partly in consequence of this fact there has grown 
 up, in the case of those appointments requiring the confirma- 
 tion of the Senate, a custom that greatly limits the appoint- 
 ing power of the president. This is the custom known as 
 " senatorial courtesy," by which the Senate almost in- 
 variably refuses to confirm an appointment unless it meets 
 with the approval of one or both of the senators in whose 
 state the office is located, provided those senators are mem- 
 bers of the majority party in the Senate. 
 
 The Life of the President is an extremely busy one. Mr. 
 Harrison pictures it thus : "It (the White House) is an 
 office and a home combined — an evil combination. There 
 is no break in the day — no change of atmosphere. The 
 blacksmith, when the allotted hours of work are over, banks 
 his fire, lays aside his leather apron, washes his grimy 
 hands, and goes home. . . . There is only a door — one 
 that is never locked — between the president's office and 
 what are not very accurately called his private apartments. 
 . . . The mail that comes daily to the executive mansion is 
 very large ; in the early months of an administration it is 
 enormous, as many as eight hundred letters being sometimes 
 received in a day. . . . Unless the president is very
 
 PRESIDENT AND VICE PRESIDENT 305 
 
 early, he will find some callers waiting for him as he passes 
 through the cabinet room to his office. . . . His time is so 
 broken into bits that he is often driven to late night work, or 
 to set up a desk in his bedroom, when preparing a message 
 or other paper requiring unbroken attention. . . . For the 
 first year and a half of an administration the president 
 spends from four to six hours of each day talking about 
 things he will not have to act upon for months, while the 
 things that ought to be done presently are hurtfully post- 
 poned. . . . This is only an outline of a business day and 
 its surroundings, but it will serve, perhaps, to show that 
 the life of the president is a very • busy one. What con- 
 trariety and monotony ! One signature involves the peace 
 of the nation, another its financial policy, another the life 
 of a man, and the next the payment of ten dollars from 
 the National Treasury." l 
 
 Great Statesmen and the Presidency. It is generally 
 admitted that, taken as a whole, our presidents have not 
 been the greatest statesmen that our country has produced. 
 For this a variety of reasons have been assigned. Of those 
 who choose a political career, only a few, and those not 
 necessarily the greatest, find opportunity to commend 
 themselves to their countrymen in such a way as to secure 
 them a nomination to the presidency. The methods of 
 Congress in large measure cut them off from such oppor- 
 tunities. Further, really great men are seldom highly 
 popular men. Mr. Bryce has summed up the reasons for 
 the lack of really great men in the list of the presidents 
 as follows : " Great men are not chosen president, first, 
 because great men are rare in politics ; secondly, because 
 the method of choice does not bring them to the top ; 
 
 1 Harrison, "This Country of Ours," pp. 169-179. Since Mr. Harrison 
 wrote this statement, a suite of offices has been built for the use of the president.
 
 306 ACTUAL GOVERNMENT OF NEW YORK 
 
 thirdly, because they are not, in quiet times, absolutely 
 needed." l 
 
 Executive Power not Perfect. Like every other govern- 
 mental agency ever created, the arrangements by which 
 the executive power of our government is organized have 
 their defects. It has been pointed out that the supremacy 
 of the office, by far the highest in the gift of the nation, 
 offers too great a stimulus to ambition — that it lures the 
 statesman from the strict path of rectitude and induces him 
 to seek popularity at whatever cost. Again, the frequent 
 recurrence of the turmoil accompanying a presidential elec- 
 tion is looked upon by many as undesirable, particularly as 
 such agitation is often wholly unnecessary, the issues being 
 not real ones but issues manufactured by politicians in 
 order to keep or to gain place. The discontinuity of policy 
 resulting from our frequent change of presidents is also 
 pointed to as a defect. Even when the new president is of 
 the same party as his predecessor, there is likely to be con- 
 siderable change ; and if of the opposite party, there ensue 
 radical changes resulting too frequently in the replacing of 
 tried and experienced men by men new to the work. It is 
 also noted that at the close of each administration there is 
 likely to occur a period of inactivity. The outgoing presi- 
 dent hesitates to embark on any new line of policy, since it 
 may be completely changed by his successor. 
 
 The Vice President. In the Constitution as it was 
 originally adopted the qualifications of the vice president 
 were not explicitly stated, though the implication was 
 that they must be the same as those of the president. By 
 the twelfth amendment, however, it was explicitly stated 
 that " no person constitutionally ineligible to the office of 
 president shall be eligible to that of vice president of the 
 
 1 Bryce, Vol. I, p. 84.
 
 PRESIDENT AND VICE PRESIDENT 307 
 
 United States." The time of electing the vice president 
 and the length of his term are the same as in the case of the 
 president. His only duties are to preside over the meetings 
 of the Senate and to succeed the president. In the Senate 
 he is a mere moderator. He has no power of appointing 
 committees and no vote except a casting vote. The office 
 has been generally regarded as of little importance, of so 
 little importance indeed that capable men have avoided, if 
 possible, a nomination to it. The result is that as a rule 
 obscure and inferior men have been elected to the office. 
 The danger is not inconsiderable that such men may be 
 called upon to fill the presidential chair and discharge the 
 duties of an office for which they were never intended. 
 Five presidents have died in office. It has been suggested 
 this defect in our system be remedied by giving the vice 
 president more power, either by giving him a seat in the 
 cabinet, or by giving him a vote in the senate, or by both 
 these devices. 1 The salary of the vice president is $12,000 
 per year. 
 
 Library References. Macy, chap, xxiii, pp. 139-140; Macy, 
 First Lessons, chap, xviii ; Dawes, chaps, vi-vii ; Fiske, pp. 230, 
 232-244 ; Bryce, Vol. I, chaps, v-viii, xx-xxi ; Hinsdale, chaps, xxviii- 
 xxxii; Wilson, §§ 1097-1108; Curtis, Vol. I, chap, xxix ; Harrison, 
 chaps, iv-x; Federalist; Madison's Debates of the Federal Convention ; 
 Wilson, Congressional Government, pp. 43-52, 242-256; Dole, chaps, 
 xiv, xviii; Alton, chaps, x, xii, xvii ; Lalor, Article on Executive; 
 Woodburn, chap. iii. 
 
 QUESTIONS ON THE TEXT 
 
 1. Describe the executive department of the United States 
 government. 
 
 2. State the requirements for eligibility to the office of 
 president. Give a full reason for such requirements. 
 
 1 See Theodore Roosevelt, " American Ideals," pp. 187-188.
 
 308 ACTUAL GOVERNMENT OF NEW YORK 
 
 3. State the particulars in which the constitutional quali- 
 fications of the president and a member of the House of Repre- 
 sentatives differ. Account for this difference. 
 
 4. What office in the United States is restricted to natural- 
 born citizens ? Why this restriction ? 
 
 5. Give the length of term and salary of the president. Give 
 reasons for a six-year term with no reelection. 
 
 6. Give in substance the provision of the Constitution in 
 reference to the compensation of the president. 
 
 7. Describe the three methods by which the convention 
 proposed to elect the president. Describe the method adopted, 
 and state why its original purpose has not been accomplished. 
 
 8. Explain why the manner provided in the Constitution for 
 choosing the president by electors was preferred to other methods 
 that were proposed. 
 
 9. How is the vice president chosen ? Over what body 
 does he preside? 
 
 10. What is meant by the electoral college? What deter- 
 mines the number of electors to which a state is entitled? To 
 how many electors is this state entitled ? 
 
 11. State how a member of the electoral college is chosen, 
 and mention his chief duty. 
 
 12. Give arguments for or against choosing the president by 
 direct popular vote. 
 
 13. Give arguments sustaining the present mode of electing 
 the president and vice president. 
 
 14. Describe the manner of choosing a president in case the 
 electoral college fails to elect. State the limitations under 
 which this is done. 
 
 15. Describe the manner of choosing the vice president in 
 case no person has a majority of all votes cast by the electoral 
 college.
 
 PRESIDENT AND VICE PRESIDENT 309 
 
 16. In case of death of both president and vice president, 
 who then becomes president? State the substance of the 
 present law of the presidential succession. 
 
 17. Does the president personally appear before Congress and 
 deliver his message ? 
 
 18. Mention three leading powers of the president, and give 
 two powers possessed by the president subject to approval by 
 the Senate. 
 
 19. Mention with reference to the president (1) two execu- 
 tive powers, (2) one legislative power, (3) one judicial power. 
 
 20. What judicial power has the president ? 
 
 21. What is meant by "reprieve," "pardon," "commuta- 
 tion " ? Explain why the chief executive is given power in these 
 matters. 
 
 22. How does the Constitution make the president responsible 
 for legislation ? 
 
 23. What is the president's message? Briefly describe it. 
 
 24. Give in substance the provision of the Constitution re- 
 garding the power of the president to convene and to adjourn 
 Congress. 
 
 25. What is the veto power ? Explain the importance of the 
 veto power in a republic. 
 
 26. "The issue is now with Congress. Prepared to execute 
 every obligation imposed upon me by the Constitution and the 
 law, I await your action." Comment on the powers and duties 
 of the president and of Congress, referred to in this extract from 
 President McKinley's message on the Cuban question (1898). 
 
 27. What are treaties, and by whom may they be made for 
 the United States? 
 
 28. Describe the process of making and ratifying a treaty. 
 
 29. In whom is vested the power to appoint ambassadors? 
 
 30. Give the constitutional qualifications of the vice presi- 
 dent.
 
 310 ACTUAL GOVERNMENT OF NEW YORK 
 
 TOPICS FOR DISCUSSION 
 
 1. The laws enacted by Congress (1910) were regarded "as a 
 presidential victory," since President Taft had recommended 
 the more important of these. Is it the tendency to "coerce" 
 Congress or to recommend ? Is this a tendency on the part of 
 the governor ? If so, what will be the ultimate effect upon our 
 form of government ? 
 
 2. At different times an appeal has been made to senators, 
 representatives, cabinet officers, and even to the president to 
 influence state legislatures to pass certain laws (for example, 
 the direct-primary law in New York State in 19 10). Is this an 
 encroachment upon the right of a state to be free in matters of 
 "home rule"? 
 
 3. Should the Speaker of the House of Representatives be also 
 a member of Congress, or should he be chosen simply for his 
 ability as a presiding officer and parliamentarian and hold no 
 other office? 
 
 4. Resolved : That only natural born citizens of the United 
 States, or naturalized citizens who have lived continuously in 
 the United States for a period of twenty-one years or longer, 
 shall be eligible to hold any office whatsoever under the federal 
 government. 
 
 5. Resolved : That all pupils in public and private elementary 
 schools be taught the common branches in the English language. 
 
 6. Resolved : That a League of Nations should be established 
 for the single purpose of maintaining the peace of the world.
 
 CHAPTER XXIII 
 
 EXECUTIVE DEPARTMENT: PRESIDENT'S ASSISTANTS 
 
 The Cabinet. Unlike the presidency, the cabinet was 
 not created by the Constitution. When the organization 
 of the executive power was under discussion, it was pro- 
 posed that an executive council be created to act as a check 
 upon the president, and there was also some discussion as 
 to the wisdom of forming an advisory body to assist him, 
 without giving it any power to control his action. Neither 
 of these plans received the sanction of the Convention, and 
 the Constitution makes no provision for a body possessing 
 the character and functions of the president's cabinet. The 
 only approach to such a provision is found in the clause 
 giving the president the right to " require the opinion in 
 writing of the principal officer in each of the executive de- 
 partments upon any subject relating to the duties of their 
 respective offices." There were, then, to be executive de- 
 partments whose chief officers were to advise and otherwise 
 assist the president ; but it was evidently contemplated by 
 the Convention that such assistance would be required from 
 each separately, not that they would be formed into a coun- 
 cil for the purpose of consulting and advising upon matters 
 of general administrative policy. The executive depart- 
 ments have been created by acts of Congress, but the cabi- 
 net, with its peculiar functions, though made up of the heads 
 of these departments, is the creation neither of constitu- 
 tional nor of statute law. Its relations to the president and 
 
 3"
 
 312 ACTUAL GOVERNMENT OF NEW YORK 
 
 to Congress have been determined by custom only. It has 
 no legal position as an advisory body, and the president is 
 in no way legally bound by its advice, though its opinion 
 may and usually does have influence with him. No 
 official record is kept of cabinet meetings. 
 
 Relations of Cabinet Officers to President. The head 
 of an executive department is more than a mere adminis- 
 trator of the business of his department. The actual per- 
 formance of such duties can be intrusted to the assistant 
 secretaries, the heads of bureaus, and minor officials ; but 
 the secretary must understand his department as a whole, 
 must know its need, must see that it is administered in con- 
 formity with the policy of the administration. His function 
 as member of the cabinet is even more important than his 
 function as head of the department. He is first of all the 
 president's adviser, not only in regard to the business of his 
 own department, but in matters of general policy as well. 
 Under our present system of party government, therefore, it 
 is important that there should be harmony in the cabinet if 
 a policy is to be chosen and consistently pursued. The sec- 
 retary ought to be not only of the president's political party 
 but also in close personal sympathy with him. It is now 
 thoroughly understood that if a cabinet member finds him- 
 self out of harmony with the president's policy, it is his 
 duty to resign or the president's privilege to remove him. 
 It is for this reason that the president is given so free a hand 
 in the choice of his cabinet, and partly for this reason also 
 that he usually forms an entirely new cabinet upon his 
 accession to office, even though he may be of the same 
 political party as his predecessor. All cabinet members are 
 appointed by the president, nominally with the consent of 
 the Senate (though the Senate practically never refuses its 
 consent), and all receive the same compensation, $12,000
 
 PRESIDENT'S ASSISTANTS 313 
 
 per annum. The president alone has the power to remove 
 cabinet officers. 
 
 Executive Departments: Organization. The executive 
 departments are very thoroughly organized. They are di- 
 vided first into bureaus, each with a commissioner at its 
 head, who is directly responsible to the secretary; the 
 bureaus are again divided into divisions, each with its chief 
 of division responsible to the commissioner ; while subordi- 
 nate to these chiefs of division and responsible to them is the 
 great army of clerks employed in the administrative work 
 of the government. 
 
 Executive Departments: History. Those departments 
 whose heads form the president's cabinet have been 
 created from time to time by acts of Congress, as the need 
 for them became apparent. When the government was 
 organizing under the Constitution in 1789, Congress created 
 three departments — the Department of State, the Depart- 
 ment of the Treasury, and the Department of War ; and the 
 heads of these departments (called secretaries), together 
 with the Attorney-General, whose office was created the 
 same year, formed Washington's cabinet. The depart- 
 ment over which the Attorney-General has control — the 
 Department of Justice — was not created until 1870. In 
 1798 there was added the Navy Department, naval affairs 
 having been up to this time attended to by the War De- 
 partment ; and in 1829 the Postmaster-General, whose office 
 had existed since colonial times and whose department had 
 been conducted since its creation in 1794 as a part of the 
 Treasury Department, was made a cabinet member. The 
 Department of the Interior was added in 1849. A Depart- 
 ment of Agriculture was organized in 1862, but its head was 
 not made a cabinet officer until 1889. Finally, in 19 13, the 
 Department of Labor was established. It will be seen, then,
 
 314 ACTUAL GOVERNMENT OF NEW YORK 
 
 that the creation of a new executive department and the 
 calling of its chief officer into the president's cabinet are 
 not always coincident. The departments have been created 
 in the following order : State, Treasury, War (1789) ; Post- 
 office (1794); Navy (1798); Interior (1849); Agriculture 
 (1862); Justice (1870); Commerce (1903); Labor (1913). 
 Their chief officers have become members of the president's 
 cabinet in the following order : Secretary of State, Secre- 
 tary of the Treasury, Secretary of War, Attorney-General 
 (1789) ; Secretary of the Navy (1798) ; Postmaster-General 
 (1829) ; Secretary of the Interior (1849) 5 Secretary of 
 Agriculture (1889) ; Secretary of Commerce (1903) ; Secre- 
 tary of Labor (19 13). 
 
 State Department. The chief cabinet officer is the 
 Secretary of State, commonly called the head of the cabinet. 
 At cabinet meetings he occupies the seat of dignity at the 
 right of the president. His chief duty is the conduct of 
 foreign affairs ; and since the president, because of the pres- 
 sure of other business, is compelled to give him a very free 
 hand, he practically controls the foreign policy of the nation, 
 subject only to the restraints imposed by the Senate. Thus 
 he is brought much more prominently into public notice 
 than are the other cabinet officers. It is his business, ex- 
 cept in cases where special officers have been appointed for 
 the purpose, to conduct all negotiations with foreign coun- 
 tries. He receives the representatives of foreign powers and 
 presents them to the president, conducts all official corre- 
 spondence with them, carries on all necessary correspond- 
 ence with United States ministers and consuls to foreign 
 countries, and issues passports to citizens of the United 
 States who wish to travel abroad. All these duties are 
 concerned with foreign affairs, but he has also some domestic 
 duties to perform. It is through him that the president
 
 PRESIDENT'S ASSISTANTS 315 
 
 communicates with the executives of the states, and to 
 him is given the custody and publication of the laws and 
 treaties of the United States and the custody of the 
 great seal (the official seal of the United States). He 
 is given three assistant secretaries, and his department 
 is divided into seven bureaus : the Diplomatic Bureau, 
 the Consular Bureau, the Bureaus of Indexes and Archives, 
 of Accounts, of Rolls and Library, of Appointments, and 
 of Passports. 
 
 Treasury Department : Financial Duties. The second 
 of the great executive departments is that of the Treas- 
 ury. It concerns itself principally, as its name implies, 
 with the finances of the nation, but not exclusively, for it 
 performs also a great variety of miscellaneous duties. The 
 principal financial duties of the Secretary of the Treasury are 
 to estimate the probable revenues and the probable expen- 
 ditures of the government, and to prepare plans for the 
 creation and improvement of the public revenue. These 
 estimates and plans he submits to Congress in his annual 
 report, in order to furnish that body with some sort of 
 guide in the making of appropriations and the imposition 
 of taxes. It is his duty also to superintend the collection 
 of revenue, to issue warrants for the payment of all money 
 from the United States Treasury, and to superintend the 
 coinage and printing of money. 
 
 Internal- Revenue Bureau. We have already seen that 
 the sources of the national revenue are customs, or import 
 duties, the income tax, and excises, or internal taxes of 
 various kinds. Until the outbreak of the Civil War the 
 United States had no permanent system of internal taxa- 
 tion. Then, in 1862, an Internal-Revenue Bureau was 
 organized under the Treasury Department, and a 
 Commissioner of Internal Revenue was appointed.
 
 316 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Treasurer. All money belonging to the' United 
 States is in charge of the Treasurer of the United States. It 
 is his duty to receive all revenue and to pay it out on the 
 warrants issued by the Secretary of the Treasury or by a des- 
 ignated assistant, to redeem the notes of the national banks, 
 and to manage the independent treasury system. This sys- 
 tem was established by Congress at the suggestion of Presi- 
 dent Van Buren in 1840, for the purpose of making the 
 United States the custodian of its own money instead of de- 
 positing it with private corporations ; but the law establish- 
 ing it was repealed the next year, and not reenacted until 
 1846, during President Polk's administration. Besides 
 the main Treasury at Washington, sub treasuries have 
 been established at Boston, New York, Philadelphia, 
 Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, 
 and San Francisco. 
 
 War Department : Military Duties. The War Depart- 
 ment, as its name implies, has control of the military affairs 
 of the nation ; but it acts also as a department of public 
 works and has contributed not a little toward the advance- 
 ment of science by conducting the exploring expeditions sent 
 out from time to time by the government. With the ex- 
 ception of the Secretary of War and the Assistant Secretary 
 the principal officers are officers of the United States army. 
 Of those whose duties are strictly or mainly military the 
 most important are the Adjutant-General, whose duty it is 
 to issue orders for the muster and the movement of troops, 
 to conduct the correspondence of the department, and to 
 keep the records ; the Inspector-General, who inspects all 
 military posts, all public works carried on by army officers, 
 all military prisons, and the military academy, and reports 
 as to equipment, discipline, sanitary conditions, finances, 
 etc. ; the Quartermaster-General, who has charge of the
 
 PRESIDENT'S ASSISTANTS 317 
 
 clothing and general army supplies ; the Commissary- 
 General, who attends to the food supply ; the Surgeon- 
 General, who superintends the medical service ; the Chief 
 of Ordnance, who attends to the supply of arms ; the 
 Judge- Advocate-General, who reviews and records the pro- 
 ceedings of all courts-martial and courts of inquiry, and 
 acts as legal adviser to the department ; and the Chief 
 Signal Officer, who superintends all military signaling 
 by means of flags, heliograph, or other devices, and who 
 has charge of the construction and operation of military 
 telegraph lines. The supervision of the military academy at 
 West Point is also a part of the work of the department. 
 
 Public Works. It is through the Chief of Engineers and 
 his corps that the War Department performs in large meas- 
 ure the functions of a department of public works. Under 
 their direction, fortifications are located and constructed, 
 bridges and docks are designed and built, and great sums 
 of money are expended annually in improving rivers and 
 harbors. The building of the Panama Canal was in charge 
 of this department. 
 
 Department of Justice. Though the Department of 
 Justice was not created until 1870, the office of Attorney- 
 General, as the chief officer of the department is called, has 
 existed since 1789. He is the legal adviser of the president 
 and of the heads of departments, has the general supervi- 
 sion of the work of the United States district attorneys and 
 marshals, conducts all suits to which the United States 
 is a party, is in general " public prosecutor and standing 
 counsel " for the United States. The law officers of the 
 various departments are under his direction and control. 
 The work of the department is very large and the office 
 of Attorney-General one of the most important and 
 responsible under the government.
 
 318 ACTUAL GOVERNMENT OF NEW YORK 
 
 Post-Office Department (see also p. 247). The Post- 
 master-General is the head of the department. The work is 
 divided among four bureaus, each in charge of an assistant 
 postmaster-general. These assistants have the general 
 management of the post offices, of transporting the mails, 
 of providing for stamps, of managing the finances, of ap- 
 pointing certain classes of postmasters, and of directing the 
 inspectors. They provide for the free delivery and collec- 
 tion of the mail, for a money-order and registry system, 
 for rural free delivery over routes aggregating 1,021,492 
 miles (in 191 2), for a railway mail service, for the establish- 
 ment of star routes (mail routes other than railways and 
 steamship lines), for a parcel post for packages weighing 
 not over fifty pounds, and for a postal savings bank where 
 deposits of $1 or multiples of $1 up to $1000 may be made 
 on the certificate plan, the government guaranteeing the 
 payment of both principal and interest. The rate of 
 interest is two per cent. The Postmaster-General has the 
 power of appointing all the officers of the department ex- 
 cept the assistant postmasters-general and the postmasters 
 whose salaries are $1000 or more. He may also, with the 
 consent of the president, let contracts for the transportation 
 of mail and make postal treaties with foreign countries. 
 
 Navy Department. Until the establishment of the De- 
 partment of the Navy in 1798, naval matters were looked 
 after by the War Department. The Navy Department has 
 general superintendence of the construction, manning, equip- 
 ment, and employment of war vessels. These duties it per- 
 forms by means of seven bureaus, whose heads are naval 
 officers. These are the bureaus of Yards and Docks, Equip- 
 ment and Recruiting, Ordnance, Construction and Repair, 
 Steam Engineering, Supplies and Accounts, and Medicine 
 and Surgery. Their duties are indicated by their names.
 
 PRESIDENT'S ASSISTANTS 319 
 
 The supervision of the naval academy at Annapolis and 
 of the naval observatory at Washington is also a part of 
 the work of the department. 
 
 Department of the Interior. This department, which 
 is under the direction of the Secretary of the Interior, per- 
 forms, like the Treasury Department, a great variety of im- 
 portant functions. There are two assistant secretaries in 
 the department, besides six commissioners and two directors. 
 The titles of these commissioners and directors give some 
 idea of the scope and character of the work of the depart- 
 ment. They are the Commissioner of the General Land 
 Office, the Commissioner of Education, the Commissioner 
 of Pensions, the Commissioner of Indian Affairs, the Com- 
 missioner of Railroads, the Commissioner of Patents, and 
 the Director of the Geological Survey. 
 
 The Land Office. The most important bureau of the 
 department is the general Land Office, which has charge of 
 all the public lands of the United States, and whose duty it 
 is to direct the survey and sales of this property and to issue 
 titles to it. At different periods during its history the United 
 States has in various ways come into possession of vast 
 tracts of territory. The first of these public lands, it will be 
 remembered, was known as the Northwest Territory, its 
 cession to the United States by the states claiming it being 
 completed in 1786. Later North Carolina, South Carolina, 
 and Georgia ceded their claims to western lands, and 
 since then the government has obtained enormous tracts 
 by purchase, by conquest, or by both, and by annexa- 
 tion. Among these additions may be mentioned the Lou- 
 isiana purchase from France (1803), the purchase of Florida 
 from Spain (182 1), the purchase of Alaska from Russia 
 (1867), the acquisition of extensive territory from Mexico 
 (1848) as the result of the war with Mexico, the annexation
 
 320 ACTUAL GOVERNMENT OF NEW YORK 
 
 of Hawaii (1898), the acquisition of islands as a result 
 of the war with Spain (1898-9), and the Canal Zone 
 (1903) and the Virgin Islands (1917). 
 
 System of Surveys. Under the direction of the Land 
 Office large portions of this vast domain have been disposed 
 of in various ways. Before any disposal could be made of 
 them, however, it was necessary that they should be sur- 
 veyed. Accordingly a system of surveys, known as the 
 rectangular system, was very early adopted. A base and 
 a meridian line crossing each other at right angles were first 
 laid off, and from these the land was divided into rectangular 
 townships, each six miles square. Each township was di- 
 vided into sections of 640 acres each, and each section into 
 quarter sections. Each section was numbered, and sec- 
 tion 16, and later sections 16 and 36, were set apart for 
 the support of the common schools. 
 
 Land Grants. Besides these grants in aid of educa- 
 tion other large grants of public lands have been made to 
 the states for educational purposes. The states have also 
 received from the general government large grants of swamp 
 and saline lands and large grants of other land for purposes 
 of internal improvement. Between 1828 and 1846 the gen- 
 eral government granted to the states for the improvement 
 of rivers and the building of canals, wagon roads, railroads, 
 etc. a total of 162,230,900 acres. Besides these state 
 grants the United States has also given land bounties to 
 honorably discharged soldiers and sailors in return for 
 military and naval service, the grant partaking somewhat 
 of the character of a pension, and has granted large tracts 
 to railroad companies, in order to promote the construction 
 of railroads and thus develop the country. Many millions 
 of acres have also been given to settlers upon compliance 
 with certain laws requiring them to settle upon and improve
 
 PRESIDENT'S ASSISTANTS 321 
 
 the land. Thus great numbers of settlers from the eastern 
 states and from Europe have found homes in the West. 
 
 Bureau of Education. The Commissioner of Education 
 through his bureau collects statistics as to the condition and 
 progress of education in the various states and in foreign 
 countries, for the purpose of aiding in the establishment and 
 maintenance of efficient school systems. Except in Alaska 
 the commissioner has only advisory power in the actual 
 operation of the school systems. There he directs their 
 management. 
 
 Pension Bureau. The Pension Bureau examines and 
 adjusts all claims for pensions or bounty lands given in re- 
 turn for military or naval service rendered in time of 
 war. In 1914 there was paid out in pensions the sum of 
 $173,444,231, a sum nearly $35,000,000 larger than in 1900. 
 Thus the expenses of wars long since ended accumulate 
 to hinder the progress of civilization. The question as 
 to the advisability of granting pensions so liberally as 
 has been done by our government has been much dis- 
 cussed. Mr. Harrison says of it : " There are two views 
 of the pension question — one from the Little Round Top 
 at Gettysburg, looking out over a field sown thickly with 
 the dead, and around upon bloody, blackened, and maimed 
 men cheering the shot-torn banner of their country; the 
 other from an office desk on a busy street, or from an 
 endowed chair in a university, looking upon a statistical 
 table." * 
 
 Bureau of Indian Affairs. One very interesting branch 
 of the work of the Interior Department is that conducted 
 by the Bureau of Indian Affairs. Up to 187 1 the Indian 
 tribes were treated by the government as independent 
 nations, but a law passed that year made them the " wards 
 1 Harrison, p. 285.
 
 322 ACTUAL GOVERNMENT OF NEW YORK 
 
 of the nation." Their interests are now protected under 
 the Bureau of Indian Affairs by a Board of Indian Commis- 
 sioners, whose duty it is to oversee the expenditure of money 
 and inspect the goods purchased for them ; by a number of 
 inspectors, who visit the agencies to examine into their 
 condition ; and by agents, who with the aid of teachers, 
 mechanics, and farmers, try to promote civilization among 
 them. The Indian schools at Hampton and Carlisle are 
 also under the supervision of the bureau. 
 
 Commission of Railroads. It is the business of the 
 Commissioner of Railroads to receive the reports and to 
 examine the books and accounts of the railroads that have 
 been aided through land grants or otherwise by the govern- 
 ment, and to see that the laws relating to the management 
 of those roads are enforced. 
 
 Patent Bureau and Geological Survey. The work of 
 the Patent Bureau and the process by which patents are 
 secured have been considered elsewhere (p. 248). In addi- 
 tion to the work of the bureaus outlined above, the Depart- 
 ment of the Interior also conducts the work of the Geological 
 Survey under the immediate control of an officer called a 
 director. The work of the Geological Survey is to examine 
 the geological structure and to determine the mineral re- 
 sources and mineral products of the United States. The 
 survey of the forest reserves is also conducted by this bureau. 
 
 Department of Agriculture. The Department of Agricul- 
 ture is directly concerned with the improvement of farm life 
 and conditions. To this end it supervises numerous ex- 
 periment stations, assists state agricultural colleges, intro- 
 duces new crops and improved breeds of animals, studies 
 plant and animal diseases, distributes free of charge informa- 
 tion which tends to improve agricultural conditions, and 
 in many other ways renders an efficient public service. In
 
 PRESIDENT'S ASSISTANTS 32$ 
 
 Alaska, Guam, Hawaii, and Porto Rico it has established 
 experiment stations under its own immediate direction. 
 The Department of Agriculture consists of numerous bureaus 
 and divisions, the chief of which and a few of their more 
 important duties are here given. 
 
 Weather Bureau. Through the Weather Bureau the 
 country is advised of forecasts and warnings of storms (a 
 service of great importance to shipping and commerce), of 
 frosts, cold waves, of floods, temperature and rainfall, and 
 is furnished information of great value to navigation, com- 
 merce, and agriculture. 
 
 Bureau of Animal Industry. This bureau concerns itself 
 with matters pertaining to live stock. It investigates, 
 controls, and eradicates disease among animals ; it inspects 
 and quarantines live stock to check disease ; it inspects 
 meat and meat food products and gives valuable aid to 
 animal husbandry and dairying. 
 
 Bureau of Plant Industry. The thirty-one divisions of this 
 bureau concern themselves with plant life in all its relations 
 to agriculture. A scientific study of edible and poisonous 
 plants, plant diseases and their eradication, diseases of 
 trees and of garden vegetables is made, and many similar 
 sendees rendered. 
 
 In addition the department includes the bureaus of 
 Chemistry, of Soils, of Entomology, of Biological Survey, 
 of Forest Service, and of Crop Estimates. The offices 
 of Public Roads, of States Relations Service, of Extension 
 Work, of Home Economics, and of Markets constitute 
 parts of the Department of Agriculture. 
 
 Department of Commerce. The Department of Com- 
 merce and Labor was established by Congress in 1903, and 
 the head of the department made a cabinet officer. In 191 3 
 Congress divided this department and created the Depart-
 
 324 ACTUAL GOVERNMENT OF NEW YORK 
 
 ment of Commerce and the Department of Labor. The 
 Department of Commerce consists of the Bureau of the 
 Census, the Coast and Geodetic Survey, the Bureau of 
 Fisheries, the Bureau of Foreign and Domestic Commerce, 
 the Bureau of Lighthouses and Lighthouse Service, the 
 Bureau of Navigation, the Bureau of Standards, and the 
 Steamboat Inspection Service. 
 
 The service to the country devolving upon the Secretary 
 of Commerce through these bureaus may be briefly summed 
 up as follows : The administration of the lighthouse service, 
 the establishment and maintenance of aids to navigation, 
 taking the census, making the coast and geodetic survey, 
 the collection and publication of statistics on foreign and 
 domestic commerce, the investigation of markets for Ameri- 
 can products, the inspection of steamboats and the enforce- 
 ment of laws pertaining thereto for the protection of life and 
 property, the propagation of food fishes and the supervision 
 of the Alaskan fur-seal and salmon fisheries, jurisdiction 
 over merchant vessels, including their registry, measure- 
 ment, licensing, entry, clearance, etc., and the enforcement 
 of the act requiring wireless equipment on vessels, the 
 standardization of weights and measures, the formation of 
 regulations in conjunction with the Secretary of the Treas- 
 ury and the Secretary of Agriculture for the enforcement 
 of the Pure Food and Drugs Act and the Insecticide Act, 
 and to make such special investigations and furnish such 
 information in the foregoing bureaus as Congress or the 
 president may require. 
 
 Department of Labor. The Department of Labor was 
 created by Congress in 1 913, and the head of the department 
 made a cabinet officer. This department is charged with the 
 responsibility of fostering, promoting, and developing the 
 welfare of the wage earners of the United States, improving
 
 PRESIDENT'S ASSISTANTS 325 
 
 their working conditions, and advancing their opportunities 
 for profitable employment. The department consists of 
 the Bureau of Immigration, the Bureau of Naturalization 
 and Labor Statistics, and the Children's Bureau. 
 
 The Bureau of Immigration prepares and revises all regu- 
 lations pertaining to immigration, decides questions as to 
 the right of aliens to enter this country, investigates sup- 
 posed violations of the alien-contract-labor laws, and super- 
 vises the work done by the inspectors of immigrants. 
 
 The Bureau of Naturalization has full charge of the ad- 
 ministration of the laws regarding the naturalization of 
 foreigners, that is, of the laws which make it possible for a 
 citizen of a foreign country to become a citizen of this. 
 
 The Bureau oj Labor Statistics collects full and complete 
 statistics each year concerning the conditions of labor and 
 the products, and distribution of the products, of labor, 
 and these become the basis of the action of the secretary. 
 
 The Children's Bureau investigates and reports to the 
 department all matters pertaining to the welfare of children 
 and child life among all classes of our people, especially 
 such questions as infant mortality, the birth rate, orphan- 
 age, juvenile courts, desertion, dangerous occupations, 
 accidents and diseases of children, employment, and legisla- 
 tion affecting children in the several states and territories. 
 
 The department has established a chain of employment 
 ofhces throughout the country and renders valuable aid to 
 the unemployed. 
 
 Federal Trade Commission. In 1914 Congress es- 
 tablished the Federal Trade Commission consisting of five 
 members, each commissioner to receive a salary of $10,000 
 per year. In order to prevent unfair competition in busi- 
 ness, the commission has power to investigate the organi- 
 zation, conduct, and management of the business of any
 
 326 ACTUAL GOVERNMENT OF NEW YORK 
 
 corporation, joint-stock company, or corporate combination 
 engaged in commerce among the several states and with 
 foreign nations, except banks and common carriers, and to 
 gather such information and data as will enable the presi- 
 dent of the United States to make recommendations to 
 Congress for legislation for the regulation of such commerce, 
 and to report to the president from time to time such data 
 as he shall require ; and the information so obtained, or as 
 much thereof as they may deem expedient, shall be made 
 public. The commission has power to order that unfair 
 competition shall cease in any given case after a hearing 
 has been granted. The order of the commission has all the 
 force of a court order until set aside. Orders of the com- 
 mission may be set aside by the United States Circuit 
 Court of Appeals. 
 
 Independent Boards and Commissions. In addition to 
 the regular executive departments there have been created 
 at different times commissions and boards executive in char- 
 acter though not connected with any of the departments. 
 Among these are the Civil Service Commission and the In- 
 terstate Commerce Commission. Special officers or boards 
 exist also for the purpose of conducting the work of the 
 Government Printing Office, of the Library of Congress, of 
 the Smithsonian Institution, of the National Museum, and 
 of the Bureau of Ethnology. The work of the Interstate 
 Commerce Commission has been already described (p. 237). 
 The Civil Service Commission consists of three commis- 
 sioners, only two of whom may be of the same political 
 party, appointed by the president with the advice and con- 
 sent of the Senate. There are also a chief examiner and a 
 secretary. It is the duty of the commission to provide for 
 competitive examinations to test the fitness of candidates 
 for the civil service, and to regulate and improve that service.
 
 PRESIDENT'S ASSISTANTS 327 
 
 Library References. Macy, chaps, xxiv-xxv, xxvii-xxxi ; Macy, 
 First Lessons, chap, xix; Dawes, chaps, viii-ix; Bryce, Vol. I. chap. 
 ix; Fiske, pp. 244-250; Harrison, chaps, xi-xix; Wilson, §§ 1109- 
 11 20; Hinsdale, chap, xxxiii; Curtis, Vol. I, pp. 574-576; Congres- 
 sional Directory; Wilson, Congressional Government, pp. 257-275, 
 277-293; Dole, chap, xiv; Lalor, Article on State Department, 
 Treasury Department, etc.; .Woodburn, pp. 189-193. 
 
 QUESTIONS ON THE TEXT 
 
 1. Was the cabinet contemplated by the Constitutional Con- 
 vention or provided for in the Constitution ? Discuss fully. 
 
 2. Name with their titles the persons composing the presi- 
 dent's cabinet. How are the members of the cabinet chosen? 
 
 3. (a) Describe the parcel-post system, (b) How does it 
 affect the express business? 
 
 4. Through what department does the United States con- 
 duct its business with other nations? 
 
 5. Describe the duties of the Adjutant-General ; Inspector- 
 General ; Quartermaster-General. 
 
 6. How many classes of mail are there? What are the 
 postal rates for each? In which class do letters belong? 
 
 7. What are the principal duties of the Department of the 
 Interior? Mention the two ways of looking at the pension 
 question as given by ex-President Harrison. 
 
 8. What is meant by "preemption of public lands " ? by 
 " a homestead claim " ? by " a timber claim " ? 
 
 9. What direct aid has the United States government given 
 to education in the different states ? 
 
 10. Mention two duties of the Commissioner of Education. 
 
 11. Upon what grounds has the federal government a right 
 to interfere with a private business ? 
 
 12. What department of the cabinet has charge of taking the 
 national census ? How often and in what years is it taken ? 
 
 13. What is the civil service ? What is the spoils system ?
 
 CHAPTER XXIV 
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 
 
 Necessity of Federal Judiciary. " Laws are a dead 
 letter without courts to expound and define their true mean- 
 ing and operation." Under the Confederation there existed 
 no separate federal judiciary, and the judicial powers 
 vested in 'Congress were very limited indeed. It had 
 become clear that somewhere in the nation there must 
 exist an authority empowered to interpret the laws and 
 treaties of the United States and to determine whether or 
 not acts passed by Congress harmonized with the funda- 
 mental law of the land as embodied in the Constitution — 
 in other words, to pass upon their constitutionality. It had 
 become equally clear that such interpretation could not 
 safely be intrusted to the state courts. In the first place, 
 such an arrangement would be sure to result in a complete 
 lack of uniformity. The same point might and probably 
 would be decided in ways as various as the courts before 
 which it was brought. In the second place, the state courts 
 were unfitted for the work, both because of the nature of 
 many of the matters in dispute and because of the charac- 
 ter of the parties to federal suits. Matters of a quasi- 
 international character, such as admiralty jurisdiction, are 
 obviously not matters to be properly adjudicated by the 
 courts of any particular state ; nor could state courts be 
 completely trusted, because of local prejudices, to do full 
 justice between citizens of their own states and citizens of 
 
 328
 
 The Supreme Court Chamber (above) and the White 
 House (below) 
 
 President Washington selected the site of the White House and laid the corner 
 stone, October 13, 1792. He lived to see it completed. It was partially de- 
 stroyed by the British in 1814. After it was restored, the stone walls were 
 painted white to obliterate the marks of the fire; whence the name 
 
 3 2 9
 
 330 ACTUAL GOVERNMENT OF NEW YORK 
 
 another, or between their own states and the federal govern- 
 ment. Moreover, state courts, being authorities coordinate 
 with and independent of one another, supplied no means 
 for settling disputes between states. And since the Con- 
 stitution and the federal laws made under it were to be 
 applicable not to the states only but to the individual citizen 
 as well, it was more than ever necessary that a federal 
 judiciary be created to interpret and apply these laws. 
 
 The Federal Courts. The Supreme Court was created by 
 the Constitution, and Congress was empowered to provide 
 such inferior courts as might be necessary. Changes have 
 been made in the system of inferior courts from time to 
 time. At present the federal courts consist of a Supreme 
 Court, created by the Constitution, and circuit courts of 
 appeal, district courts, a Court of Claims, and a Court of 
 Customs Appeal. For the District of Columbia Congress 
 has provided a co*urt of appeals, a supreme court, minor 
 justice courts, a police court, and a juvenile court. Federal 
 judges are appointed by the president with the advice and 
 consent of the Senate. 
 
 The Judges. If the judicial department of the govern- 
 ment was to be made separate from and coordinate with 
 the other two departments, it was necessary that the 
 judges should be made as independent of them as possible. 
 Moreover, the makers of the Constitution were particularly 
 anxious to secure the independence of the judiciary, regard- 
 ing this as the surest means of safeguarding the liberties 
 of the people from the encroachments of. the legislature and 
 the executive. Accordingly, the Constitution provides that 
 " the judges, both of the supreme and inferior courts, shall 
 hold their offices during good behavior, and shall, at stated 
 times, receive for their services a compensation which shall 
 not be diminished during their continuance in office " ; that
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 331 
 
 is, their tenure of office is life, and they are subject to re- 
 moval only by impeachment, and that is a process rarely 
 resorted to. Six times only since the adoption of the 
 Constitution has it been employed against federal judges, 
 and only three of these trials resulted in conviction. It 
 is further provided by the Constitution that judges of the 
 Supreme Court shall be appointed by the president with 
 the advice and consent of the Senate ; and though no dis- 
 tinct provision is made for the appointment of the inferior 
 federal judges, the president appoints them under the pro- 
 vision of the Constitution which says that the president 
 shall appoint all officers not otherwise provided for by the 
 Constitution or by Congress. 
 
 Jurisdiction: One Class of Cases. The Constitution 
 also defines very clearly the classes of cases over which 
 the federal courts may exercise jurisdiction. Over some of 
 these cases jurisdiction has been given to the federal courts 
 because of the nature of the questions involved ; over 
 others, because of the nature of the parties to the suit. To 
 the first class belong (1) all cases arising under the Constitu- 
 tion, laws, or treaties of the United States ; (2) all cases of 
 admiralty or maritime jurisdiction ; and (3) controversies 
 between citizens of the same state claiming lands under 
 grants of different states. Over cases arising under the 
 Constitution, laws, or treaties of the United States the juris- 
 diction of the federal courts is not exclusive ; that is, such 
 cases may be begun in the state courts, but if the decision 
 of the state courts is adverse to federal authority, these 
 cases can be finally adjudicated only by the federal courts. 
 The reason for the rule is clear. The federal authority 
 must be the final judge of the extent of federal powers. 
 To give the state courts power to render final judgment 
 in such cases would be to make them, and not the United
 
 332 ACTUAL GOVERNMENT OF NEW YORK 
 
 States, the ultimate authority. Over cases belonging to 
 classes (2) and (3) above, the federal courts exercise exclu- 
 sive jurisdiction. Maritime and admiralty cases, since they 
 affect either commerce or international relations (both of 
 which are regulated by the United States and not by the 
 states), and since decisions in such cases should be uniform, 
 can be properly dealt with only by the United States courts. 
 Another Class of Cases. The cases in which jurisdiction 
 is given to the federal courts because of the nature of the 
 parties to the suit are the following : 
 
 (1) Cases affecting ambassadors, other public ministers, 
 and consuls ; 
 
 (2) Controversies to which the United States is a party ; 
 
 (3) Controversies between two or more states ; 
 
 (4) Controversies between a state and citizens of another 
 state ; 
 
 (5) Controversies between citizens of different states ; 
 
 (6) Controversies between a state or its citizens and for- 
 eign states, citizens, or subjects. 
 
 In all these cases the jurisdiction of the federal courts is 
 exclusive. As regards the first of these classes it may be 
 said that since ambassadors, ministers, and consuls are per- 
 sons having an international character, it would hardly be 
 fitting that cases affecting them should be dealt with by 
 state courts. Similarly, it is not in keeping with the sov- 
 ereign character of the United States that it should be com- 
 pelled to sue or to be sued in a state court. In all the rest 
 of these cases it was felt that a state court would be likely 
 to be prejudiced. 
 
 Eleventh Amendment. Two of these classes of contro- 
 versies, (4) and (6), have been so far withdrawn from 
 federal jurisdiction by the passing of the Eleventh Amend- 
 ment as to prevent a citizen or citizens of another state or
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 333 
 
 foreign state from suing a state in the federal court. 
 These provisions were doubtless never intended to give to a 
 private individual the right to sue a state, but rather to 
 give to the state an opportunity to appear as plaintiff in a 
 federal court against citizens of other states. The clause 
 was, however, soon interpreted (in the case of Chisholm 
 vs. Georgia, by a decision of the Supreme Court in 1793) 
 as applying to cases in which a state is defendant also. 
 The decision was received with disfavor and alarm by the 
 states. It was thought that it violated the sense of dignity 
 of a state to be dragged into court as defendant at the in- 
 stance of a private individual. Accordingly, the Eleventh 
 Amendment was proposed by Congress and duly ratified 
 by the states. It provides that " the judicial power of the 
 United States shall not be construed to extend to any suit 
 in law or equity commenced or prosecuted against one 
 of the United States by citizens of another state or by 
 citizens or subjects of any foreign state." Under this 
 amendment some of the states have found it possible 
 to repudiate their debts with impunity. 
 
 Transfer of Cases. Any case that has been begun in a 
 state court may be transferred to a federal court, provided 
 the defendant can rest his case on a federal law. The Judi- 
 ciary Act of 1789 lays down the rules for thus removing a 
 case from one court to the other. It may be done (1) if the 
 state court, in judging the case, has decided against the 
 validity of a treaty or a law of the United States or some 
 authority exercised under the United States ; or (2) if the 
 state court has decided in favor of the validity of a state law 
 or exercise of authority as against the Constitution, laws, or 
 treaties of the United States ; or (3) if the state court has 
 decided against a privilege, right, title, or immunity claimed 
 under the United States constitution, laws, or treaties. The
 
 334 ACTUAL GOVERNMENT OF NEW YORK 
 
 reason for the rule is sufficiently clear ; no state construc- 
 tion of a federal law can be admitted to be final if that 
 construction in any way abridges federal authority. 
 
 Treason. Besides giving to Congress power to establish 
 federal courts inferior to the Supreme Court, the Constitu- 
 tion gives into its hands also the power to declare the punish- 
 ment for treason. It defines treason as follows : " Treason 
 against the United States shall consist only in levying 
 war against them, or in adhering to their enemies, giving 
 them aid and comfort." While granting this power, 
 however, the Constitution takes care to safeguard the in- 
 terests of the individual by imposing some limitations. It 
 is provided that " no person shall be convicted of treason, 
 unless on the testimony of two witnesses to the same overt 
 act, or on confession in open court"; and, further, that 
 " no attainder of treason shall work corruption of blood or 
 forfeiture, except during the life of the person attainted." 
 Corruption of blood was a punishment sometimes formerly 
 inflicted as a penalty for treason or felony. By it the person 
 attainted was disabled from inheriting any property, from 
 retaining any which he might possess, and from transmit- 
 ting any to his posterity. In accordance with the power 
 granted it, Congress intrusts the trial for treason to a tri- 
 bunal appointed by itself, and has decreed death as a punish- 
 ment, or, at the discretion of the court, " imprisonment at 
 hard labor for not less than five years, and a fine of not 
 less than ten thousand dollars." 
 
 The Supreme Court. As noted on page 330, the Supreme 
 Court was directly created by the Constitution, and com- 
 pensation for the judges provided ; but no limitations 
 were imposed as to the number of judges or the amount of 
 salary to be paid to each. These details were left to be 
 determined by Congress. The number of judges fixed by
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 335 
 
 the Judiciary Act of 1789 was six. This number has since 
 been increased to nine, one Chief Justice and eight associate 
 justices. The Chief Justice receives an annual salary of 
 $15,000, while the associates receive $14,500 each. 
 
 The Supreme Court: its Jurisdiction. The Constitution 
 declares in what classes of cases the Supreme Court has 
 authority to administer justice. It has original jurisdiction 
 (the right to entertain an action from the beginning) in all 
 cases affecting ambassadors, other public ministers, and con- 
 suls, and in cases to which a state is a party. In other cases 
 it has appellate jurisdiction ; that is, cases may be brought 
 before it from the inferior federal courts or from state courts 
 under certain conditions before described (p. 333). 
 
 The Supreme Court: its Sessions. The sessions of the 
 Supreme Court are held annually in Washington, begin- 
 ning on the second Monday in October. Except on Satur- 
 day and Sunday, sessions are held daily from twelve to 
 four. The court room, formerly the Senate Chamber, is 
 a semicircular hall with a low, domed ceiling. Around 
 the room runs a screen of Ionic columns, forming a loggia 
 and supporting a.gallery. In front is the bench of the court, 
 the chair of the Chief Justice in the center, those of the 
 eight associates on the sides. The justices appear in black 
 gowns. The presence of at least six judges is required in 
 order that a decision may be pronounced — a rule that 
 doubtless delays the work of the court to some extent, but 
 secures a thorough consideration of every case. The court 
 goes over each case twice. First the opinion of the major- 
 ity is ascertained. This is then written out by one of the 
 judges and is reviewed and criticized by the court before it is 
 adopted as the judgment of the court. 
 
 Circuit Court of Appeals. Immediately below the Supreme 
 Court is the Circuit Court of Appeals, established in 1891 to
 
 336 ACTUAL GOVERNMENT OF NEW YORK 
 
 relieve the Supreme Court of some of its work, which had 
 become extremely heavy. The United States is divided 
 into nine circuits, in each of which court must be held at 
 least once each year. The law of 1891 did not provide for 
 separate judges for the Circuit Court of Appeals, but the 
 Judiciary Act of 191 1 provided for their appointment by the 
 president of the Senate. Each of the justices of the Supreme 
 Court is assigned to one of the circuit courts of appeals. 
 The Circuit Court of Appeals may review the cases tried in 
 the district courts, and its decision is final in a large num- 
 ber of cases, such as those arising under revenue, patent, and 
 criminal laws, controversies between aliens and citizens, 
 suits between citizens of different states, etc. Questions 
 involving the constitutionality of federal laws and treaties 
 or an act of any state or of the Constitution of the United 
 States may be carried to the Supreme Court. Since it is 
 relatively easy to raise a question of constitutionality, this 
 court has not rendered the relief to the Supreme Court 
 which Congress intended. 
 
 District Courts. Immediately below the Circuit Court of 
 Appeals are the numerous district courts, of which there are 
 about one hundred. The whole United States, including 
 Alaska and our island possessions, is divided up into these 
 districts. Each court consists of from one to four judges, 
 according to the amount of business to be done. District- 
 court judges are appointed by the president and Senate. 
 The jurisdiction of these courts extends to all crimes 
 and other offenses coming under the authority of the 
 United States, including cases resulting from a violation 
 of the postal, bankruptcy, internal-revenue, and copy- 
 right laws, cases arising under the pure-food laws, 
 contract-labor laws, laws relating to immigration, and all 
 suits arising under any law relating to trade and commerce,
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 337 
 
 the Sherman anti-trust law against the restraint of trade, 
 and some others. The thoroughness with which federal 
 laws are enforced very largely depends upon the activity of 
 the Attorney-General. However, he may be restrained and 
 the laws suspended by the pressure of the president, as in 
 the case of the absorption of the Tennessee Coal and Iron 
 Company in 1909 by the United States Steel Corporation, 
 which was permitted by President Roosevelt. District- 
 court judges receive a salary of $6000 annually. 
 
 The Court of Claims. This court, established in 1855, 
 consists of a chief justice whose annual salary is $6500, 
 and four associate justices, each with a salary of $6000. 
 It holds an annual session in Washington for the purpose 
 of dealing with the claims of individuals against the 
 federal government. Cases may be appealed from it to 
 the Supreme Court. 
 
 Customs Appeals. In addition to these inferior federal 
 courts, Congress has under its control also the Court of 
 Customs Appeals, consisting of one chief justice and four 
 associate justices appointed by the president and Senate. 
 Each such judge receives a salary of $7000 annually. To 
 this court must be taken all cases of appeal from the 
 decision of the board of general appraisers relative to the 
 classification of imports and the duty thereon. 
 
 Marshals and District Attorneys. In order that the 
 federal courts may execute the powers intrusted to them, 
 there is usually appointed in each district an officer called 
 the United States marshal, whose duty it is to execute the 
 warrants or other orders of the district and circuit courts 
 and to perform duties corresponding in general to those of 
 sheriff in the state governments. In case the marshal meets 
 with resistance in the performance of his duty, he is entitled 
 to call upon the citizens for assistance. If they cannot or
 
 338 ACTUAL GOVERNMENT OF NEW YORK 
 
 will not help him, or if their help is insufficient, he may apply 
 to the government at Washington for the assistance of 
 United States troops. Besides this federal sheriff there is 
 usually appointed in each district a federal prosecutor 
 called the United States district attorney. It is his duty to 
 institute proceedings against all persons transgressing the 
 federal laws. Both the United States marshals and the 
 district attorneys are under the direction of the Attorney- 
 General as head of the Department of Justice. 
 
 The Procedure of the Federal Courts is prescribed by 
 Congress, subject only to certain limitations imposed by the 
 Constitution for the purpose of safeguarding the rights of 
 the individual, such as the provision securing the right of 
 trial by jury in criminal cases. 
 
 Defects of the Judicial System. The judicial depart- 
 ment of our federal government has elicited more applause 
 from critics, both at home and abroad, than has any other 
 department. Yet it is not without its defects. It has been 
 pointed out that in the inferior courts the salaries are in gen- 
 eral inadequate, and that in the more populous places the 
 staff is insufficient to cope with the business intrusted to it. 
 Even the Supreme Court, much as it has been praised, has 
 not wholly escaped criticism. It has been said of it that to 
 a certain extent it feels the touch of public opinion (a 
 tendency that is perhaps inevitable and not wholly to be 
 deplored), and that it has not always followed former deci- 
 sions (a course that tends to unsettle the law) . Its weakest 
 point, however, lies in the fact that Congress possesses 
 the power to change the number of judges constituting 
 the court — a power which enables it, if it can secure the 
 cooperation of the president, to " pack " the court. Thus, 
 if Congress and the president are determined to secure a 
 certain decision, Congress needs only to increase sufficiently
 
 JUDICIAL DEPARTMENT: FEDERAL COURTS 339 
 
 the number of judges, and the president to appoint men 
 who will give the desired opinion, in order to accomplish 
 their ends ; but while this course is possible, it has never 
 yet been resorted to. 
 
 Excellences. On the whole, however, the excellences 
 of our judicial system have far outweighed its defects. It 
 has proved extremely stable, and, through the independ- 
 ence and superior character of the judges in even the inferior 
 federal courts, it has done much to counteract the evils 
 arising from the existence of an elective and ill-paid state 
 judiciary. The Supreme Court has been most highly 
 praised, and certainly its most grudging critic must admit 
 that it has, on the whole, kept well out of politics, that its 
 judges have been men of excellent legal ability and of the 
 highest moral character, that it has escaped all suspicion 
 of corruption and has maintained to a remarkable degree 
 its judicial impartiality and its credit and dignity in the 
 eyes of the people. 
 
 Library References. Macy, chaps, xix, xxi-xxii ; Macy, First 
 Lessons, chap, xx ; Dawes, chap, x ; Hinsdale, chaps, xxxiv-xxxvi, 
 xxxviii-xxxix ; Wilson, §§ 1082-1096; Fiske, pp. 260-262; Curtis, 
 Vol. I, chaps, xxviii, xxx ; Bryce, Vol. I, chaps, xxii-xxiv ; Harrison, 
 chaps, xx-xxi ; Wilson, Congressional Government, pp. 34-35, 37-40; 
 Alton, chap, xviii ; Lalor, Article on Judiciary Treason; Woodburn, 
 chap. vi. 
 
 QUESTIONS ON THE TEXT 
 
 1. Give an outline of the system of the United States courts. 
 How are their members chosen? 
 
 2. Explain why judges enjoy longer terms of office under the 
 Constitution than officers in the executive and legislative depart- 
 ments of government. 
 
 3. How may judges of the Supreme Court be removed?
 
 340 ACTUAL GOVERNMENT OF NEW YORK 
 
 4. Mention five classes of cases in which the United States 
 courts have jurisdiction. Define " jurisdiction " 
 
 5. Define " treason." How is treason punished ? How may 
 a person be convicted of treason? 
 
 6. Describe the organization and state the principal func- 
 tion of the highest court of the United States. 
 
 7. What court decides whether a United States law is con- 
 stitutional ? 
 
 8. Mention two classes of cases in which the Supreme Court 
 has jurisdiction. 
 
 9. What is meant by " original jurisdiction " ? 
 
 10. In what cases has the Supreme Court original jurisdiction ? 
 
 11. In whom is vested the power to try cases against foreign 
 ambassadors ? 
 
 12. State, in regard to the judges of the Supreme Court, 
 (i) number, (2) length of term, (3) salaries. 
 
 13. Who is the present Chief Justice of the Supreme Court ? 
 How long does he hold office? 
 
 14. Tell what you can of the United States Court of Claims. 
 
 15. Give arguments tending to establish or to controvert the 
 following : "The Constitution follows the flag." 
 
 16. Give two defects and two points in favor of the system of 
 federal courts.
 
 CHAPTER XXV 
 
 THE STATES IN THEIR RELATIONS TO THE 
 CONSTITUTION 
 
 Admission of New States. Even before the adoption of 
 the Constitution, the admission of new states into the Union 
 was contemplated by the general government. The ordi- 
 nance of 1787 had provided for the formation of states out 
 of the Northwest Territory, and for their admission to the 
 Union on terms of equality with the original thirteen ; and 
 the new Constitution contained a provision similar in char- 
 acter but wider in scope. It provided that " new states 
 may be admitted by the Congress into this Union, but no 
 new state shall be formed or erected within the jurisdic- 
 tion of any other state, nor any state be formed by the 
 junction of two or more states, or parts of states, without 
 the consent of the legislatures of the states concerned as 
 well as of the Congress." When the Constitution was 
 framed, it was the expectation of the framers that all the 
 territory then belonging to the United States would ulti- 
 mately be formed into states ; and the policy thus entered 
 upon was subsequently extended to the Louisiana purchase 
 and other early additions to the territory of the United 
 States. Since the Alaska purchase, however, and the 
 more recent addition of our insular possessions, serious 
 questions have arisen in regard to the policy to be pursued. 
 The power to admit or to refuse to admit a territory to 
 statehood lies with Congress. No community can demand 
 
 341
 
 342 ACTUAL GOVERNMENT OF NEW YORK 
 
 admission as a constitutional right. Neither does admis- 
 sion depend upon population, though in general it is readily 
 granted when the territory possesses a population as large 
 as that of a congressional district. Sometimes, however, 
 for political reasons, admission is granted to a territory 
 with a much smaller population, as was done in the case 
 of Nevada, which was admitted with a population of only 
 20,000, mainly for the purpose of securing its vote for the 
 Thirteenth Amendment. 
 
 Methods of Admission. Admission to statehood is se- 
 cured by one of the two following methods: (1) Upon 
 application of the territory, Congress passes an " enabling 
 act " authorizing the people to form themselves into a 
 state. The governor then calls a convention of delegates 
 to draw up a constitution, which must contain no provi- 
 sions repugnant to the Constitution of the United States or 
 to the Declaration of Independence, and which must pro- 
 vide for the new state a republican form of government. 
 Sometimes, also, the enabling act has required the new 
 state to give over to the United States all title to unap- 
 propriated public lands within the territory, to guarantee 
 religious liberty, and to provide a system of public schools 
 free from sectarian control. When this constitution has 
 been ratified by the people of the territory, the act of 
 Congress becomes operative and the territory becomes a 
 state and may elect its representatives in the usual way. 
 (2) Sometimes, however, the territory, before applying 
 for admission, has already elected a constitutional con- 
 vention and framed a constitution. This it submits to 
 Congress for approval, at the same time applying for ad- 
 mission. If Congress approves the constitution thus made, 
 it passes an act accepting and ratifying it, and the terri- 
 tory becomes a state.
 
 The State Capitol at Albany, N. Y. (above), and the State 
 Capitol at Frankeort, Ky. (below) 
 
 Similar buildings in all states are devoted to the work of the governor and other 
 state officials, and of the legislature. In some states the great state depart- 
 ments of public works, health, charities, education, correction, safety, banking, 
 insurance, finance, and the like are centered in the Capitol building 
 
 343
 
 344 ACTUAL GOVERNMENT OF NEW YORK 
 
 Guaranties to the States: Republican Government. 
 
 In order to safeguard the interests of the states, the Con- 
 stitution provides certain guaranties. First of all, it is 
 provided that the United States " shall guarantee to every 
 state in this Union a republican form of government." 
 Since the general government was to be a federal republic, 
 it was a practical necessity that that of the states should 
 be of the republican type. 
 
 Protection against Invasion. In addition to this guar- 
 anty to the states it is further provided that the United 
 States " shall protect each of them against invasion and, 
 on application of the legislature or of the executive (when 
 the legislature cannot be convened), against domestic 
 violence." The necessity of protecting the states from 
 invasion was imposed upon the general government by 
 another clause of the Constitution, denying to the states 
 the right to maintain troops or ships of war in time of 
 peace. In case of invasion no formal application from 
 the state for the promised protection is necessary. The 
 president is authorized by law to use the army and navy 
 of the United States in such cases, or to call out the militia, 
 without such application. 
 
 Against Domestic Violence. While the last clause of the 
 above provision guarantees to the states the protection of 
 the general government against domestic violence also, 
 such protection is furnished only upon application of the 
 legislature or of the executive of the disturbed state. The 
 presumption is that every state is capable of enforcing its 
 own laws and that the state is the best judge of its 
 own ability or inability to do so. By the requirement 
 that aid be furnished only on the demand of the state, the 
 general government is deprived of all opportunity to 
 meddle with state affairs under pretext of protecting the
 
 THE STATES AND THE CONSTITUTION 345 
 
 state. It has been decided by the Supreme Court, how- 
 ever, in a case growing out of the Chicago riots in connec- 
 tion with the great railway strike of 1894, that in case such 
 disturbances interfere with the execution of federal laws, 
 the president may send troops to suppress them without 
 application from the state. 
 
 Obligations upon the States: Public Records. While 
 the Constitution thus guarantees to the states certain priv- 
 ileges, it also imposes upon them certain duties toward 
 each other. It requires that " full faith and credit shall 
 be given in each state to the public acts, records, and 
 judicial proceedings of every other state, " and further 
 provides that " Congress may by general laws prescribe 
 the manner in which such acts, records, and proceedings 
 shall be proved, and the effect thereof." Legislative acts 
 are proved or made authentic by the afhxing of the seal 
 of the state, and court records, by the certificate of the 
 judge, the signature of the clerk, and the afhxing of the 
 seal of the court, where there is one. It is evident that 
 unless the legislative acts and court records of one state 
 were accepted in the others, the states would soon be 
 involved in endless confusion and litigation. 
 
 Privileges of Citizens. Another of the obligations laid 
 upon the states by the Constitution is that they grant to 
 the citizens of each state " all the privileges and immuni- 
 ties of citizens in the several states." By this provision a 
 state is prohibited from denying to citizens of the United 
 States coming to it from outside its own borders any of the 
 privileges granted to its own citizens. It must not regard 
 them as aliens ; it must not discriminate against them by 
 legislation ; it must permit them to come and go as freely, 
 to acquire and enjoy property as freely, as it does its own 
 citizens, and must grant them the same legal protection.
 
 346 ACTUAL GOVERNMENT OF NEW YORK 
 
 Fugitive Criminals. The Constitution provides also for 
 the return of fugitive criminals. " A person charged in 
 any state with treason, felony, or other crime, who shall 
 flee from justice and be found in another state, shall, on 
 demand of the executive authority of the state from which 
 he fled, be delivered up, to be removed to the state having 
 jurisdiction of the crime." This process of securing the 
 surrender of fugitive criminals is called extradition. The 
 demand or requisition is addressed by the executive au- 
 thority of the state having jurisdiction of the crime to the 
 executive of the state in which the criminal is found, and 
 it rests with the latter to determine whether the person 
 demanded is a fugitive from the justice of the state mak- 
 ing the demand. The requisition is made in official form, 
 by making complaint on oath or by presenting an official 
 copy of the indictment. 
 
 Limitations of State Power. In addition to guarantee- 
 ing to the states certain privileges and imposing upon 
 them certain duties toward each other, the Constitution 
 also lays upon their powers certain limitations, denying 
 some powers to them absolutely, others provisionally. 
 
 Absolute Limitations: Foreign Affairs. Thus it denies 
 to them absolutely the power to do certain acts whose per- 
 formance by the states would be a practical denial of the 
 supremacy of the national government. It is a function of 
 only absolutely sovereign states to enter into treaties, alli- 
 ances, or confederations with other powers. To grant such 
 a power to the individual states of the Union would be to 
 declare them independent of the general government ; hence 
 it is expressly denied to them by the Constitution. The 
 same is true of the right to grant letters of marque and re- 
 prisal. This is a part of the war-making power which 
 belongs to the whole nation, not to any single portion of it.
 
 THE STATES AND THE CONSTITUTION^ 347 
 
 To grant it to the states would be to subject the whole 
 nation to the risk of being involved in a war at any moment. 
 
 In the Matter of Money the Constitution also lays upon 
 the states certain prohibitions. It forbids them (1) to 
 coin money, (2) to emit bills of credit, and (3) to make 
 anything but gold and silver coin a tender in payment of 
 debts. The power of coining money had already been 
 granted to the general government for the sake of securing 
 uniformity in the monetary system. To have left a like 
 power with the states would have been to defeat that end 
 and to leave the confusion as great as it had been before 
 the adoption of the Constitution. The other provisions in 
 regard to money were also dictated by the experience of 
 the framers of the Constitution during the Revolution and 
 under the Articles of Confederation. When we were study- 
 ing the condition of affairs under the Confederation, we 
 saw something of the disastrous effects that followed the 
 issue of bills of credit (promises to pay, that is, paper 
 money) and of making such bills legal tender. 
 
 Personal Liberty. The Constitution also denies to the 
 states absolutely the power to interfere with the personal 
 liberty and equality of citizens by passing any bill of at- 
 tainder, any ex post facto law, or any law impairing the obli- 
 gation of contracts, or by granting any title of nobility. All 
 these prohibitions except that in regard to the passing of 
 laws impairing the obligation of contracts are laid, not 
 upon the states only, but upon the United States as well, 
 and we have already studied their meaning and purpose. 
 The clause regarding the obligation of contracts, like so 
 many others, was the result of experience. Under the 
 Confederation the power of the majority had often been 
 used to change existing laws regulating contracts. The 
 debtor class in particular had employed this means of
 
 348 ACTUAL GOVERNMENT OF NEW YORK 
 
 escaping their just burdens, and had thus wrought no 
 little injustice. 
 
 Provisional Limitations. Besides these absolute limita- 
 tions upon the powers of the states there exist also some 
 provisional ones. Some of these relate to matters of taxa- 
 tion. The states are forbidden, without the consent of 
 Congress, to lay any tax upon exports or imports except 
 such as may be necessary in order to pay the expense of 
 inspection. If a tax is laid and the revenue from it ex- 
 ceeds the expense of inspection, all such excess must be 
 paid into the national treasury. The inspection laws of 
 the state are, moreover, subject to the revision and control 
 of Congress. The states are likewise forbidden to lay 
 tonnage duties (duties levied on ships according to their 
 carrying capacity) except with the consent of Congress. 
 It will be remembered that the regulation of commerce 
 was one of the powers given into the hands of Congress. 
 If that power of regulation were to be effective, it was 
 necessary that the laying of import and export duties and 
 of tonnage duties should also be under the control of that 
 body. In the matter of war also the states are forbidden 
 independent action except under certain conditions. They 
 are forbidden to keep troops or ships of war in time of 
 peace except with the consent of Congress, or to engage in 
 war unless actually invaded or in such imminent danger 
 that delay is impossible. The object of these restrictions 
 is of course to insure the safety of the Union as against 
 the states. Closely connected with them is the prohibition 
 upon the states to enter into any agreement or compact 
 with each other or with a foreign power except with the 
 consent of Congress, the object being to prevent any alli- 
 ance hostile to the Union or to the exercise of the powers 
 delegated to the United States.
 
 THE STATES AND THE CONSTITUTION 349 
 
 Doctrine of National Sovereignty. Besides stating thus 
 distinctly the limitations, both absolute and provisional, 
 placed upon the powers of the states, the Constitution at- 
 tempts to define still more clearly the relations between the 
 state and the national government as follows : " This Con- 
 stitution, and the laws of the United States which shall be 
 made in pursuance thereof, and all treaties made, or which 
 shall -be made, under the authority of the United States, 
 shall be the supreme law of the land ; and the judges in 
 every state shall be bound thereby, anything in the Consti- 
 tution or laws of any state to the contrary notwithstand- 
 ing." Moreover, it is further provided that not only every 
 United States officer, but every state officer as well, shall 
 take an oath to support the constitution of the United 
 States. This is the Constitutional statement of the doc- 
 trine of national sovereignty, the doctrine of the supreme 
 authority of the national government over every state and 
 every individual, which was only fully established by the 
 Civil War. In interpreting it we must take into account 
 always the fact that the national government is a govern- 
 ment of delegated powers, and that " powers not delegated 
 to the United States by the Constitution, nor prohibited by 
 it to the states, are reserved to the states, respectively, or to 
 the people." 
 
 Division of Powers: Reserved Powers. Let us look a 
 little more closely into the meaning of this division of 
 powers between the state and the national government. In 
 modern free governments all governmental powers must be 
 conceived of as originating with the people. In our own 
 system some of these powers are exercised by the state 
 authorities, some by the national authorities. Those be- 
 longing to the states are nowhere expressly enumerated. In 
 so far as the Constitution defines them at all, it does so
 
 350 ACTUAL GOVERNMENT OF NEW YORK 
 
 negatively, either by making specific grants of power to the 
 national government, by laying express prohibitions upon 
 the states, or by reserving certain powers to the whole 
 people. All other powers, without definite enumeration, 
 are reserved to the states. The powers exercised by the 
 national authorities, on the other hand, are powers dele- 
 gated by the people through specific grants ; and within 
 the sphere of the powers thus specifically granted, the na- 
 tional authority is supreme. We have already seen that 
 certain specific powers are prohibited to the states and that 
 certain others are prohibited to the United States. It 
 should be noted also that certain powers are denied to 
 both these authorities (pp. 258, 346). Thus the sovereign 
 people, in order to preserve certain rights believed to be in- 
 dispensable, reserved to themselves a sphere within which 
 neither state nor national authority can operate. There 
 are thus two classes of reserved powers — those reserved 
 to the states and those reserved to the people. 
 
 Concurrent Powers. Besides these reserved powers and 
 besides those specifically granted to the national govern- 
 ment, there should be mentioned another class of powers 
 known as concurrent powers — powers that may be exer- 
 cised by both state and national government. These con- 
 current powers arise through the fact that the mere grant 
 of a specific power to the national government does not of 
 itself constitute a prohibition upon the states to exercise 
 such a power. For example, Congress has been granted the 
 power to pass uniform bankruptcy laws and has at various 
 times exercised this power. Several national bankruptcy 
 laws have been passed and repealed. But the states have 
 also possessed and exercised the power to pass bankruptcy 
 laws, which, however, cannot apply to existing contracts. 
 To be sure, the operation of all such state laws is suspended
 
 THE STATES AND THE CONSTITUTION 351 
 
 if, or in so far as, they are found to conflict with a national 
 law ; but upon the repeal of the national law the state 
 law becomes again operative, and the state retains as fully 
 as ever its power to legislate upon the subject. 
 
 Classes of Powers. To sum up, we may follow Mr. 
 Bryce in distinguishing the following classes of govern- 
 mental powers in the United States : 
 
 (1) Powers vested in the national government alone; 
 
 (2) Powers vested in the states alone ; 
 
 (3) Powers exercisable by either the national govern- 
 ment or the states ; 
 
 (4) Powers forbidden to the national government ; 
 
 (5) Powers forbidden to the state governments. 
 
 To these might be added another class — namely, 
 (6) powers vested in the people alone and exercisable only 
 by the difficult process of amending the Constitution. 
 
 Conflicts of Authority. When conflicts of state and na- 
 tional authority arise, it becomes the duty of the courts 
 and, in the last resort, of the Supreme Court of the United 
 States, to define the limits of state and national jurisdic- 
 tion. In making such decisions the courts have followed 
 the rule that the state is presumed to have jurisdiction 
 wherever its powers have not been limited by the United 
 States constitution or its own constitution, while the 
 national government possesses a particular power only if 
 it can be shown to have been granted, either specifically 
 or by implication, in the Constitution. 
 
 Library References. Macy, chaps, xxxix-xli ; Macy, First Lessons, 
 chap, ii; Dawes, chaps, xiv-xv; Hinsdale, chaps, xxvii, xl-xlii, 
 xliv-xlv, xlix; Fiske, pp. 253-258; Wilson, §§ 891-893; Bryce, 
 Vol. I, chaps, xxvii-xxx ; Curtis, Vol. I, chaps, xxvii-xxviii, xxxi- 
 xxxii ; Vol. II, chap, viii ; Wilson, Congressional Government, Intro- 
 duction; Lalor, Article on State Sovereignty; Woodburn, pp. 77-87.
 
 352 ACTUAL GOVERNMENT OF NEW YORK 
 
 QUESTIONS ON THE TEXT 
 
 1. By what authority are new states admitted into the 
 Union ? 
 
 2. Describe the process of admitting a new state into the 
 Union. 
 
 3. State and explain the restriction in the constitutional 
 provisions for the admission of new states. 
 
 4. Give the provisions of the Constitution by which no state 
 need pay more than its just share of taxes. 
 
 5. Give the substance of the constitutional provision regard- 
 ing fugitive criminals. 
 
 6. A person having committed a crime in one state flees to 
 another state ; how may he be captured and returned ? What 
 is this process called? 
 
 7. Give the substance of the constitutional provision regard- 
 ing (i) public records ; (2) protection to states by the nation. 
 
 8. What powers are reserved to the people ? 
 
 9. Mention three important powers denied to the states, and 
 give a reason in each case. 
 
 10. Mention two governmental powers held by the United 
 States and prohibited to the states. Give a reason in each case. 
 
 11. Define legal tender. Is an American trade dollar a legal 
 tender ? 
 
 12. What is the provision of the Constitution regarding the 
 laying of duties on imports or exports by any state? Why is 
 this provision necessary? 
 
 13. What prohibition is laid on the states regarding treaties? 
 Give the reason for this prohibition. 
 
 14. "The states are forbidden to issue letters of marque, to 
 coin money, to emit bills of credit, to pass ex post facto laws, 
 or to make anything but gold and silver coin a tender in pay- 
 ment of debt." Explain these prohibitions.
 
 THE STATES AND THE CONSTITUTION 353 
 
 15. Give the constitutional provision regarding powers 
 reserved to states. 
 
 16. Mention two points of difference between the rights 
 enjoyed by a state and the rights enjoyed by a territory. 
 
 17. Give in substance the provision of the Constitution 
 regarding the protection to states by the nation.
 
 CHAPTER XXVI 
 
 THE BILL OF RIGHTS: THE INDIVIDUAL IN HIS 
 RELATIONS TO THE CONSTITUTION 
 
 The Bill of Rights. When the Constitution was sub- 
 mitted to the people for ratification, one of the chief ob- 
 jections raised against it was that it contained no Bill of 
 Rights — -no sufficiently explicit guaranty of the rights of 
 the individual against the encroachments of the federal 
 power. Several of the states, while ratifying it, accom- 
 panied their acceptance with a recommendation that cer- 
 tain amendments be added, safeguarding the liberties of 
 the individual. Numerous amendments were proposed by 
 the various states, many of them covering the same ground. 
 The first Congress passed twelve, of which ten were ratified 
 by three fourths of the state legislatures and were declared 
 in force in 1791. These first ten amendments constitute 
 our American Bill of Rights, so called from their resemblance 
 to the English Bill of Rights enacted in 1689. 
 
 Restriction only upon the Federal Government. It 
 should be noted in' connection with these first ten amend- 
 ments that they were designed as restrictions upon the 
 United States, not upon the states, and that they have 
 been so interpreted by the courts. Unless the states are 
 specifically mentioned, it is held that the limitations im- 
 posed by the United States constitution are imposed on the 
 national government only. Thus, if a state should by its 
 constitution abolish the right of trial by jury, no national 
 
 354
 
 This Picture Represents " The Right of the People Peace- 
 ably to Assemble," a Right Guaranteed by the Constitu- 
 tion in the First Amendment. 
 
 355
 
 356 ACTUAL GOVERNMENT OF NEW YORK 
 
 law, either Constitution or statute, would be brought to 
 bear to prevent. The reason for this is clear enough if 
 we remember the circumstances under which the Constitu- 
 tion came into existence. It was framed in the hope of 
 establishing a better government than that of the old 
 confederation, and the government created by it was the 
 national government, not those of the states. Some of 
 the state constitutions existed before the federal, and 
 generally guaranteed to their citizens the rights afterward 
 provided for in the federal constitution by these amend- 
 ments. The federal Bill of Rights was passed in order to 
 secure to the citizens of the United States the rights already 
 guaranteed to them as citizens of the states by their state 
 constitutions ; and the limitations of the federal constitu- 
 tion, unless otherwise expressly stated, apply to the na- 
 tional government and to it alone. 
 
 Classes of Guaranties. Let us look now a little more 
 closely at these limitations which the people deemed it 
 necessary to impose upon the newly formed government 
 in order to protect the citizen against possible encroach- 
 ments upon his individual rights. They fall into three 
 main classes : (i) provisions guaranteeing to him the right 
 of personal liberty ; (2) those guaranteeing the right of per- 
 sonal security ; (3) those guaranteeing the right of private 
 property. 
 
 The Right of Personal Liberty is secured by the several 
 provisions of the First Amendment. This attempts to se- 
 cure, first of all, freedom of religion, by providing that 
 " Congress shall make no law respecting an establishment 
 of religion, or prohibiting the free exercise thereof." As 
 we all know, many of the settlements in this country had 
 been made primarily for the purpose of providing a means 
 of escape from the restrictions of a State church, and in
 
 THE BILL OF RIGHTS 357 
 
 such communities the desire for the separation of State and 
 Church was natural. Moreover, in view of the religious 
 intolerance shown by many of the colonies, and the great 
 variety of sects existing there, such a separation provided 
 the only means of avoiding religious disturbances. The 
 amendment also denies to Congress the power of " abridg- 
 ing the freedom of speech or of the press." This right 
 of free speech and of a free press is one that our nation 
 has guarded jealously— so jealously that it may be ques- 
 tioned whether the right is not frequently abused. Finally, 
 the amendment provides for securing " the right of the 
 people peaceably to assemble, and to petition the govern- 
 ment for a redress of grievances." This right of petition 
 had been secured in England by the Bill of Rights of 1689. 
 It might be supposed that the mere fact of possessing a 
 republican form of government assured such a right to the 
 people of the United States, but they evidently wished to 
 make assurance doubly sure by making the provision a 
 part of the Constitution. The right of peaceable assembly 
 was not generally recognized in Europe until a later period 
 than that of our Constitution. 
 
 The Right of Personal Security (to be secure from in- 
 jury in body or character) is guaranteed by a number of 
 amendments or parts of amendments. The Second Amend- 
 ment secures to each state the right to keep and bear 
 arms, the reason assigned in the Constitution itself being 
 that a well-regulated militia is necessary to the security of 
 a free state. By the Fourth Amendment provision is made 
 also for security against the unwarrantable seizure of per- 
 sons as well as of property. It is required that persons 
 shall be seized only upon warrants issued upon probable 
 cause and supported by oath or affirmation, and the per- 
 son to be seized must be particularly described. Especial
 
 358 ACTUAL GOVERNMENT OF NEW YORK 
 
 pains are taken to secure to persons accused of crime every 
 opportunity for their vindication and defense. All of the 
 Fifth Amendment except the last clause and all of the 
 Sixth and Eighth Amendments are devoted to the provi- 
 sion of such guaranties. Unless the person accused is a 
 member of the army or of the navy or of the militia in 
 actual service, he can be held to answer for a capital or 
 otherwise infamous crime only on the indictment or pre- 
 sentment of a grand jury. 1 If the penalty endangers life 
 or limb, he cannot be tried twice for the same offense. He 
 cannot be compelled to be a witness against himself, and 
 he cannot be deprived of life, liberty, or property without 
 due process of law. By the Sixth Amendment it is pro- 
 vided that the accused shall be given a speedy public trial 
 by an impartial jury of the district in which the crime was 
 committed ; he must be informed as to the nature and 
 cause of the accusation ; he must be confronted with the 
 witnesses against him ; he must be permitted to compel, 
 if necessary, the attendance of favorable witnesses ; he 
 must be permitted to secure or must be given the assistance 
 of counsel for his defense. Finally, by the Eighth Amend- 
 ment, the requirement of excessive bail, the imposition of 
 
 1 A grand jury consists, in most of the states, of from 12 to 23 men, chosen 
 by lot in every district to inquire into all the offenses committed in the dis- 
 trict since the meeting of the last grand jury. Usually cases are brought 
 before it by a public prosecutor, who formally charges certain persons with 
 particular crimes. If the grand jury thinks the evidence against an ac- 
 cused person sufficient to warrant a trial, it returns an indictment (a written 
 accusation presented by a grand jury under oath, and upon the suggestion 
 of the public prosecutor, to a court having jurisdiction of the offense charged 
 therein) or a presentment (a written accusation presented by a grand jury 
 upon its own motion, from its own knowledge or upon evidence laid before 
 it). When an indictment has been found, the accused is given a copy of 
 it and allowed time to prepare his defense. If he is unable to pay for coun- 
 sel, the judge must appoint one, whose services are paid for out of the pub- 
 lic treasury.
 
 THE BILL OF RIGHTS 359 
 
 excessive fines, and the infliction of cruel and unusual 
 punishments are forbidden. 
 
 The Right of Private Property. Several of these amend- 
 ments or parts of them guarantee the right of private 
 property. One of the annoyances to which the colonists had 
 been subjected by the British government was the billet- 
 ing of soldiers upon them. It was probably this experience 
 that suggested the Third Amendment, by which it was pro- 
 vided that no soldier should be quartered in any house in 
 time of peace without the owner's consent ; nor in time of 
 war, except in a manner prescribed by law. The Fourth 
 Amendment, as we have already seen, makes provision 
 against the unwarrantable seizure of persons and likewise 
 against unreasonable searches or seizures of property, by 
 requiring that searches be undertaken only on warrants 
 issued upon an oath, attesting a cause and describing the 
 place to be searched and the things to be seized ; while the 
 last clause of the Fifth Amendment provides that no private 
 property shall be taken for public use without just compen- 
 sation. Finally, by the Seventh Amendment it is provided 
 that in civil suits, where the value in controversy exceeds 
 $20, the right to trial by jury shall be preserved, and any 
 reexamination of a case thus tried must be conducted ac- 
 cording to the rules of the common law. 
 
 General Guaranties. It would seem as if the above 
 provisions, together with similar ones contained in the 
 Constitution as originally adopted, must furnish ample 
 security for the rights of the individual ; but in order to 
 deprive the federal government still more completely of 
 any possible opportunity to encroach upon them, there 
 was added the Ninth Amendment, declaring that " the 
 enumeration in the Constitution of certain rights shall not 
 be construed to deny or disparage others retained by the
 
 360 ACTUAL GOVERNMENT OF NEW YORK 
 
 people," and the Tenth, already considered elsewhere 
 (p. 350), by which all powers not delegated to the United 
 States nor prohibited to the states are reserved to the 
 states or to the people. 
 
 Library References. Macy, pp. 30-31; Dawes, chaps, xi-xii; 
 Curtis, Vol. I, chaps, xxxiv-xxxv; Vol. II, chap, vi ; Fiske, pp. 269- 
 270; Hinsdale, chap, xlvii ; Montgomery, pp. 221-222; Lalor, 
 Article on Bill of Rights; Woodburn, pp. 84-85. 
 
 QUESTIONS ON THE TEXT 
 
 1. Define " Bill of Rights." 
 
 2. What provision is there in the Constitution regarding free- 
 dom of speech and of the press? Discuss briefly the reasons 
 for this provision. Is it likely to be abused ? How ? 
 
 3. State the substance of that provision of the Constitution 
 which insures religious freedom. 
 
 4. Give in substance that provision of the Constitution that 
 secures (1) personal liberty; (2) protection to private property. 
 
 5. What rights are secured by the Constitution to persons 
 accused of crime ? 
 
 6. What provision is made for trial by jury in civil cases ? 
 
 7. What does the Constitution provide with reference to 
 search warrants? Explain the importance of this provision.
 
 CHAPTER XXVII 
 
 MISCELLANEOUS PROVISIONS 
 
 The Public Debt. We have still to consider a few mis- 
 cellaneous provisions of the Constitution not studied in 
 the preceding chapters. Of these, two concern themselves 
 with the national debt, one forming part of the Constitution 
 as originally adopted, the other a part of the Fourteenth 
 Amendment. By the first it was provided that all debts 
 contracted before the adoption of the Constitution should 
 be as valid against the United States under the Constitution 
 as under the Confederation. In this provision the framers 
 of the Constitution were merely declaring their adherence to 
 the generally accepted principle of public law that a nation 
 does not invalidate its debts or other contracts by chang- 
 ing the form of its government, but the measure doubtless 
 tended in no small degree to inspire confidence in the new 
 government. The other provision of the Constitution deal- 
 ing with the public debt grew out of the Civil War. It con- 
 stitutes the fourth section of the Fourteenth Amendment 
 and provides that " the validity of the public debt of 
 the United States, . . . including debts incurred for pay- 
 ment ... for services in suppressing insurrection or re- 
 bellion, shall not. be questioned. But neither the United 
 States nor any state shall assume or pay any debt or ob- 
 ligation incurred in aid of insurrection or rebellion against 
 the United States, or any claim for the loss or emancipa- 
 tion of any slave ; but all such debts, obligations, and 
 
 361
 
 362 ACTUAL GOVERNMENT OF NEW YORK 
 
 claims shall be held illegal and void." In other words, 
 the United States assures the validity of all debts incurred 
 in the suppression of the Rebellion, but refuses itself to 
 pay and requires the states to refuse to pay any incurred 
 in support of the insurrection. 
 
 Ratification. The seventh and last article of the Consti- 
 tution proper provided for its ratification. Conventions 
 were to be called in the various states for the purpose of 
 ratifying the instrument, and the acceptance of nine states 
 was to be sufficient for its establishment between those 
 states. We have already seen something of the difficulties 
 in the way of ratification and of its ultimate accomplish- 
 ment (pp. 189-191). 
 
 Amendment. One of the conditions indispensable to 
 the permanency of a constitution is a provision for its own 
 amendment. States grow and change, and unless their 
 constitutions, particularly if they are embodied in written 
 documents, provide some means by which they can be made 
 to conform in an orderly way to the altered conditions, 
 the only recourse is to revolution, peaceful or otherwise. 
 One of the chief defects of the Articles of Confederation, 
 it will be remembered, was the practical impossibility 
 of amending them. Profiting from their experience with 
 them, the delegates to the Constitutional Convention at- 
 tempted to provide a method of amendment which should 
 be thoroughly practicable and should yet be difficult 
 enough to prevent hasty and ill-considered changes. 
 
 Possible Methods. As finally provided by Article V of 
 the Constitution, amendments may be both proposed and 
 ratified by two methods. They may be proposed either 
 
 (1) by a two-thirds vote of both houses of Congress or 
 
 (2) by a convention summoned by Congress at the request 
 of the legislatures of two thirds of the states. They may
 
 MISCELLANEOUS PROVISIONS 363 
 
 be ratified either (1) by three fourths of the states through 
 their state legislatures or (2) by three fourths of the states 
 through conventions especially called for the purpose. It is 
 left with Congress to propose the method of ratification to 
 be followed. Some restrictions were laid upon this power 
 of amendment, however. The clauses in regard to the 
 importation of slaves and the laying of direct taxes were 
 not to be affected by amendment, and it was further 
 provided that no state should be deprived of its equal 
 suffrage in the Senate without its own consent. 
 
 Method Used. Up to the present time all amendments 
 to the Constitution have been proposed and ratified by 
 the first of the two methods described above ; that is, Con- 
 gress has framed and proposed the amendments and the 
 state legislatures have ratified them. No special conven- 
 tions have ever been summoned for either purpose. The 
 consent of the president to a constitutional amendment 
 has been held by the Supreme Court to be unnecessary, on 
 the ground that " an amendment ... is an act in consti- 
 tution-making and does not come within the provisions of 
 the Constitution investing the president with a negative." l 
 
 Existing Amendments. The number of proposed amend- 
 ments that have been brought before Congress for its con- 
 sideration is very large, but only twenty-one have ever 
 received the necessary two-thirds vote and been submitted 
 to the states. Of these, seventeen only have been ratified 
 and become part of the Constitution. These seventeen 
 may be divided into three groups. In the first of these 
 groups we find the first ten amendments, the Bill of Rights, 
 whose origin and purpose have been already discussed 
 (Chap. XXVI). They are hardly to be considered as true 
 amendments to the Constitution; they "ought to be 
 
 1 Woodburn, p. 154.
 
 364 ACTUAL GOVERNMENT OF NEW YORK 
 
 regarded as a supplement or postscript to it, rather than 
 as changing it." In the second group we find the Eleventh, 
 Twelfth, Sixteenth, and Seventeenth Amendments, which, 
 though they deal with quite different subjects, may really 
 be classed together, since they attempt to correct minor 
 defects or meet the expanding needs of a growing democ- 
 racy that have become apparent in the actual working of 
 the Constitution. These four amendments have also been 
 discussed in connection with the matters with which they 
 deal (pp. 218, 228, 293, 332). To the third group belong 
 the Thirteenth, Fourteenth, and Fifteenth Amendments 
 which grew out of the Civil War and which register in the 
 written constitution the political r-esults achieved by that 
 struggle. 
 
 Thirteenth Amendment. The Thirteenth, Fourteenth, 
 and Fifteenth Amendments have not been considered. 
 The circumstances under which all three were ratified were 
 such that they cannot be regarded as the free expression 
 of the existing desires of three fourths of the states. By 
 the Thirteenth Amendment slavery, except as a punish- 
 ment for crime, is abolished in the United States and in 
 all places subject to their jurisdiction. By the Emancipa- 
 tion Proclamation, freedom had been granted to all slaves 
 in the states then in rebellion, but that did not include 
 all the slave -holding states, and in certain places slavery 
 could still claim a legal right to existence. The amend- 
 ment was declared a part of the Constitution in December, 
 1865, three fourths of the states having ratified the same. 
 
 The Fourteenth Amendment was a part of the plan of 
 reconstruction entered upon at the close of the war. It was 
 proposed by Congress in 1866 and declared in force two 
 years later. It defines citizenship by declaring that it is 
 possessed by all persons born or naturalized in the United
 
 MISCELLANEOUS PROVISIONS 365 
 
 States and subject to the jurisdiction thereof, thus making 
 the freed slave a citizen. It forbids the states to make any 
 laws abridging the privileges of citizens, depriving any per- 
 son of life, liberty, or property without due process of law, 
 or denying to any person the equal protection of the laws 
 — provisions likewise intended primarily to secure federal 
 protection for the freedman. By section 2 of the amend- 
 ment an attempt was made also to secure political rights 
 for the negro, by providing that any state denying to male 
 citizens twenty-one years old the right to vote should have 
 its representation in Congress cut down in proportion to the 
 number of citizens thus debarred from voting. This pro- 
 vision has never been made effective. The amendment also 
 imposed some political disabilities upon certain classes of 
 participants in the war. All state or United States officers 
 who had taken part in the Rebellion were rendered incapable 
 of further officeholding until such disability should be re- 
 moved by Congress. An act of 1898 finally removed the 
 last disability imposed by this section. 
 
 By the Fifteenth Amendment, proposed by Congress in 
 1869 and declared in force a year later, a direct attempt was 
 made to secure full political rights for the negro. It had 
 become clear that the indirect plan embodied in the second 
 section of the Fourteenth Amendment was destined to 
 remain ineffective for a long time, if not forever. The 
 Fifteenth Amendment provided that the right of citizens 
 to vote should not be abridged on account of race, color, or 
 previous condition of servitude. The wisdom of the policy 
 that dictated the amendment has been much discussed. 
 Like the second section of the Fourteenth Amendment, it 
 has proved ineffective, for wherever the political conse- 
 quences of the negro vote have been displeasing to the 
 white citizens, the states have found means of suppressing it.
 
 366 ACTUAL GOVERNMENT OF NEW YORK 
 
 Library References. Dawes, pp. 413-417; Hinsdale, chaps, xliii, 
 xlvi, xlviii; Fiske, pp. 269-270; Wilson, §§ 1045-1046; Bryce, Vol. 
 I, chaps, xxxii ; Curtis, Vol. I, chap, xxxii ; Vol. II, chaps, xi-xii ; 
 Lalor, Article on Constitution; Woodburn, pp. 154, 338, 356. 
 
 QUESTIONS ON THE TEXT 
 
 1. In what two ways may amendments to the Constitution 
 be proposed ? State one mode of ratification of an amendment. 
 
 2. How long after its adoption before any amendments were 
 made to the Constitution ? Give the substance of any of these 
 amendments. 
 
 3. How many amendments have been made to the Constitu- 
 tion? Explain the purpose of the Thirteenth, Fourteenth, and 
 Fifteenth amendments. 
 
 4. What amendments are included in the Bill of Rights? 
 
 5. What are the principal provisions of the amendments of 
 the Constitution which have been adopted since the close of the 
 Civil War?
 
 CHAPTER XXVIII 
 
 THE UNWRITTEN CONSTITUTION 
 
 Development of the Unwritten Constitution. In the 
 
 foregoing description of our national government, reference 
 has more than once been made to the existence of well- 
 established political institutions and usages for which our 
 written Constitution makes no provision, but which have 
 nevertheless become as fixed a part of the governmental 
 machinery as have any of the institutions provided for by 
 the written instrument. Such institutions and usages exist 
 by the law of the unwritten constitution. By a study of 
 Chapter XXX it will be seen that constitutional govern- 
 ment may exist under an unwritten constitution — a 
 constitution consisting of a mass of well-established prece- 
 dents, usages, and statutes — as under a written one, in 
 which such fundamental laws find expression in a single 
 written document. Not only is this true, but it should be 
 noted also that wherever a written constitution remains 
 long in use without undergoing more or less extensive re- 
 vision, it does so by virtue of the fact that there grows up 
 beside it or within it an unwritten constitution, changing 
 and expanding with the needs of the nation living under 
 it. This unwritten constitution has been called the flesh 
 and blood of the Constitution rather than its skeleton. 
 Such a growth has taken place in the United States. Our 
 real constitution to-day consists not only of the document 
 so carefully elaborated by the Convention of 1789, but of 
 
 367
 
 368 ACTUAL GOVERNMENT OF NEW YORK 
 
 numerous judicial decisions, legislative acts, and political 
 customs, which have originated in attempts to interpret 
 or supplement it. Thus, while our Constitution has under- 
 gone very little change by way of amendment or revision 
 of the written document, it has, by means of its unwritten 
 portion, readily adapted itself to the ever-changing needs 
 of a rapidly expanding people. 
 
 Original and Inherent Powers. One of the most im- 
 portant changes brought about by the growth of our un- 
 written constitution is the enlargement of the powers of 
 the national government. It has been frequently averred 
 that our national government is one of strictly enumerated 
 powers — that it can do only those things which it has been 
 given the right to do by an express grant of power, or at 
 most by implication. This is unquestionably what the 
 makers of the written constitution intended. As a matter 
 of fact, however, the national government does exercise 
 other powers than those expressly delegated to it or im- 
 plied in the exercise of its delegated powers. In other 
 words, the national government exercises not only delegated 
 and implied powers, but original and inherent powers as 
 well ; and the exercise of such powers has been held by 
 the courts to be constitutional. In making the Louisiana 
 purchase and in passing the legal-tender acts of the Civil 
 War the national government was exercising powers neither 
 delegated to it by the Constitution nor clearly implied in 
 such grants of power as it had received. A more recent 
 example of the exercise of original powers by the national 
 government is to be seen in the acquisition of territory 
 as a result of the Spanish-American War and in the estab- 
 lishment of governments for the acquired territory. 
 
 Presidential Electors only Party Agents. Other in- 
 stances of practices and precedents that have all the force
 
 THE UNWRITTEN CONSTITUTION 369 
 
 of constitutional provisions have been noticed in the pre- 
 ceding pages but may be briefly recalled here. In our 
 discussion of the electoral college the fact was noted 
 (p. 296) that presidential electors are required by party 
 custom to vote in the electoral college for the candidates 
 selected by their party at the nominating convention and 
 at the polls. This custom, though it does not transgress 
 the letter of the written constitution, nevertheless defeats 
 the purposes of the framers in creating the electoral college. 
 It was intended that this body should be made up of men 
 versed in public affairs and acquainted with the merits of 
 public men, and that it should exercise a wise discretion 
 in its choice of the chief executive. In the first two presi- 
 dential elections this ideal was more or less fully attained, 
 though even in the second election party influence began 
 to make itself felt in the selection of the vice president. 
 There was a somewhat general expectation at least that 
 for vice president the federalists would vote for John 
 Adams and the antifederalists for George Clinton. By the 
 time of the third presidential election, party organization 
 was sufficiently developed and party influence sufficiently 
 strong to control the votes of most of the electors, and by 
 the time of the fourth it had become so clearly understood 
 that the elector's duty was merely to ratify his party's 
 choice, that the struggle centered about the formally nomi- 
 nated candidates for president and vice president rather 
 than about the electors. Gradually the elector lost every 
 vestige of the discretionary power with which the framers 
 of the Constitution had intended to endow him, and be- 
 came the merest party agent. It is conceivable that an 
 elector might be found rash enough to exercise his un- 
 doubted legal right to vote contrary to the wishes of those 
 who elected him, and no legal penalty could be inflicted
 
 370 ACTUAL GOVERNMENT OF NEW YORK 
 
 upon him, but such a course would mean for him political 
 suicide. He would be looked upon as having betrayed a 
 public trust and as deserving of the severest condemnation. 
 No provision of the written Constitution is more strongly 
 safeguarded by the support of public sentiment than is 
 this unwritten law requiring the elector merely to register 
 the vote of his party. 
 
 Reeligibility of the President. Another unwritten rule 
 that has come to have in practice the force of constitutional 
 law is the rule limiting the reeligibility of the president. 
 The written Constitution sets no limit. The existing rule 
 that the president shall be reelected but once had its 
 origin in the example of Washington. At the close of 
 his second term he expressed his intention of declining 
 reelection on the ground that the unlimited reeligibility of 
 the president was not in keeping with republican institu- 
 tions. He deemed it advisable to set the limit at two 
 terms. Jefferson, who might also have been elected for a 
 third term, followed the example of his predecessor, and 
 public opinion set the seal of its approval upon the custom 
 so strongly that few serious attempts have been made to 
 elect a president for a third term. An attempt in the Re- 
 publican convention of 1880 to renominate Grant for a 
 third term failed, as did the attempt to nominate Roosevelt 
 in 191 2, although he " bolted " his party, organized a new 
 one, thereby forcing his own nomination to be defeated at 
 the polls in the November election. The election of a 
 president for a third term is a possibility, and, if it should 
 occur, would repeal the unwritten rule against it; but so 
 long as the rule commands the support of public opinion, 
 it is a part of the unwritten constitution. 
 
 Custom and the President's Power of Removal. It is 
 by a rule of the unwritten constitution also that the
 
 THE UNWRITTEN CONSTITUTION 371 
 
 president possesses the power to remove, without the con- 
 sent of the Senate, officers appointed by him with the advice 
 and consent of that body. The written constitution does 
 not provide for the removal of officers except by the process 
 of impeachment. 1 It is obviously necessary that there 
 shall reside somewhere the power to remove incompetent 
 or unfit officials whose offenses fall short of actual viola- 
 tions of law. A debate upon the question as to where 
 such power should be lodged arose in the first Congress in 
 connection with a bill for organizing the first departments. 
 It was held by some members that the consent of the 
 Senate was necessary for removal as well as for appoint- 
 ment ; by others that the power of removal should belong 
 to the president alone. Congress adopted the latter view, 
 and it was not until President Jackson's abuse of the 
 power revealed its possible danger that the wisdom of 
 this construction of the Constitution was seriously ques- 
 tioned. Even then no legislative action was taken, and 
 it was only when the conflict with President Johnson arose 
 that Congress made any attempt to interfere with the 
 president's power of removal. By the Tenure of Office Act, 
 passed in 1867, the consent of the Senate to the removal 
 of presidential appointees was made necessary, and thus 
 the construction of the Constitution adopted by the first 
 Congress was set aside. But it was not for long. Just a 
 month after the inauguration of the next president came 
 the repeal of all those provisions of the act that interfered 
 with the president's power of removal, and in 1886 what 
 was left of the act was repealed. " It is now generally 
 held by publicists of both parties that the Tenure of Office 
 Act was unconstitutional and would have been so held 
 
 1 Art. I, Sec. 5, of the Constitution provides that either house may expel 
 a member by a two-thirds vote.
 
 372 ACTUAL GOVERNMENT OF NEW YORK 
 
 by the courts if it could have been tested." * Since 
 its repeal there has been practically no question that 
 the power to remove appointees without the consent 
 of the Senate is one of the president's constitutional 
 prerogatives. 
 
 The Senate and the President's Nominations. Closely 
 allied with this unwritten rule in regard to the president's 
 power of removal is another touching the matter of ap- 
 pointments. In accordance with this rule the Senate in- 
 variably confirms the president's nominations for cabinet 
 officers. The control of other presidential appointments 
 has passed very largely into the hands of the Senate. It 
 confirms or rejects them on any ground it chooses — for 
 party reasons or for even less commendable ones. Not so 
 with the cabinet ; the president is allowed a free hand in 
 the choice of his immediate assistants, and the Senate con- 
 firms his nominations without question. It is, of course, 
 conceivable that the president might make a nomination 
 so obviously unfit that the Senate would reject it, but 
 such a nomination is very improbable. 
 
 The Cabinet and the Unwritten Constitution. This cus- 
 tom of unquestioning confirmation by the Senate of cabinet 
 nominations finds its justification in the character and func- 
 tion of the cabinet itself. The nature of this body as it 
 exists to-day, and its relation to the president and to Con- 
 gress, are matters governed entirely by the law of the un- 
 written constitution. Its function and its relation to 
 other branches of the government have been already dis- 
 cussed (pp. 3 1 1-3 1 2), but it should be noted that in the 
 cabinet we have a political institution of very great im- 
 portance which is not only regulated by the law of the 
 unwritten constitution but is indeed a creation of it. 
 
 1 Woodburn, p. 189, text and note.
 
 THE UNWRITTEN CONSTITUTION 373 
 
 The Committee System. Another important political 
 arrangement which has become a p?rt of our Constitution, 
 though the makers of our written Constitution did not fore- 
 see it or provide for it, is the committee system by which 
 Congress accomplishes its work. The system grew up as 
 the easiest and most natural method of solving the problems 
 confronting the lirst Congress. Congress, unlike the British 
 Parliament, had no official leaders charged with the duty of 
 preparing measures and presenting them for its considera- 
 tion. That duty belonged to the whole body, which soon 
 found that the most effective method of accomplishing its 
 work was by dividing it among the members. At first 
 measures were usually debated in committee of the whole, 
 and then there was delegated to a special committee the 
 task of preparing a bill in accordance with the conclusions 
 reached in the debate. As time went on, permanent com- 
 mittees were appointed to deal with certain regularly recur- 
 ring lines of business, and thus was gradually developed 
 the extensive and complex committee system of the present, 
 whose working we have already studied (pp. 270-273). 
 
 Finally, our Whole System of Party Government, so 
 important a part of our real Constitution, has developed 
 under the guidance of unwritten law. Our written Con- 
 stitution nowhere contemplates such a system, and its 
 growth has wrought profound changes in the character of 
 our government. The president, who was intended to 
 stand outside of and above all parties, has become avowedly 
 a party leader. The Speaker of the House of Representa- 
 tives, whom the Constitution barely mentions and who 
 was intended to act merely as a presiding officer, has come 
 to wield tremendous influence over the course of legisla- 
 tion. The development of the party caucus, of the party 
 convention, of our whole elaborate party organization and
 
 374 ACTUAL GOVERNMENT OF NEW YORK 
 
 machinery, though not in contravention of the letter of the 
 written Constitution, is nevertheless contrary to the wishes 
 and expectations of the framers of that instrument. All 
 these established institutions, usages, understandings, form 
 parts of our unwritten constitution. If the student is to 
 arrive at any adequate conception of the true nature of 
 our government, he must not lose sight of the existence of 
 this ever-changing unwritten constitution side by side 
 with the written instrument under which it has grown up. 
 
 Library References. Bryce, Vol. I, chap, xxxiv; Woodburn, 
 pp. 86-93; Hildreth, Vol. IV, pp. 105 ff. ; Curtis, Vol. II, chap, iii; 
 Tiedeman, Unwritten Constitution of the United States; see also 
 Library References for Chapter VII. 
 
 QUESTIONS ON THE TEXT 
 
 1. State one objection to an unwritten constitution as a 
 basis of national government. 
 
 2. Is it the written or the unwritten constitution which 
 determines the following: (1) no state has a right, of its own 
 motion, to secede from the Union ; (2) presidential electors are 
 expected to vote for their party nominee. Give reasons for 
 your answer. 
 
 3. What determines that a member of the federal House of 
 Representatives shall reside in the district from which he is 
 chosen? Give reasons for and against this practice. 
 
 4. How is the real business of the federal Senate and House 
 of Representatives conducted ? Explain the system. How did 
 it come to be established? 
 
 5. The members of the various committees in the federal 
 Senate are elective. What is the practice in the House of Repre- 
 sentatives ? Explain.
 
 THE UNWRITTEN CONSTITUTION 375 
 
 6. How may a party caucus in Congress determine legisla- 
 tion? Are the members of the party bound by the action of 
 the caucus? Is this phase of our government a matter of the 
 written or unwritten constitution? Explain. 
 
 7. Under our written Constitution, has the federal govern- 
 ment the right in matters essentially national to exercise such 
 original and inherent powers as belong to a sovereign state? 
 Explain. 
 
 8. What is meant by "senatorial courtesy" ? How far is it 
 applied in the matter of presidential appointments ? Explain. 
 
 9. By whom are the presidential appointees removable? 
 Is this matter determined by constitutional provisions? Ex- 
 plain. 
 
 10. How was the cabinet created ? What regulates its action 
 and its relation to the president and to Congress? Discuss 
 fully. 
 
 11. What penalty is inflicted for violations of the provisions 
 of the unwritten constitution? What would happen, for in- 
 stance, if a presidential elector should vote contrary to the 
 wishes of his party, or a member of Congress to the decision of 
 his party caucus ?
 
 CHAPTER XXIX 
 
 STATE GOVERNMENTS 
 
 In our study of the federal Constitution we have already 
 considered the relation of the states to the national govern- 
 ment (Chapter XXV). We must now attempt to outline 
 in a general way the government of the states themselves. 
 
 National Expansion since 1789 has been very rapid. At 
 that date there were thirteen states, with an area of 392,520 
 square miles, 1 whose population by the census of 1910 is 
 37,310,849. Three new states have been made from parts 
 of these, and thirty-two others have been added, with an 
 area of 2,632,360 and a population of 54,661,417. " West- 
 ward," indeed, " the course of empire takes its way," and 
 the power which New England and her sister states once 
 exercised in politics is now shared with, if not entirely 
 transferred to, the great states of the Mississippi Valley 
 and of the Far West. 
 
 Diversities and Uniformities among the States. When 
 we consider how dissimilar are the elements that compose 
 our population, how great the extent and how varied the 
 character and climatic conditions of the territory over 
 which that population is spread, and finally, how large a 
 measure of political independence is left to the states by 
 the federal constitution, we might expect a much wider 
 
 1 Including Maine, Vermont, West Virginia, and the District of Columbia, 
 also parts of Massachusetts, New York, Virginia, and Maryland. 
 
 376
 
 STATE GOVERNMENTS 377 
 
 diversity of political arrangements between the states 
 than actually exists. Diversities there are, to be sure, but 
 they are in matters of detail. In general outline the gov- 
 ernments of these forty-eight great commonwealths are 
 surprisingly alike. This similarity must be attributed in 
 part to direct copying of portions of the constitutions of 
 the older states by the newer ones ; in part to the constant 
 movement of population, which tends to prevent the growth 
 of local peculiarities ; in part to the influence of railways, 
 newspapers, and telegraphs, which tends in the same direc- 
 tion ; in part to the absence among the newer states of 
 both natural and historical boundaries and of separate 
 traditions. In all the states we shall find written consti- 
 tutions, which provide systems of government alike in all 
 essential particulars. 
 
 Origin of State Constitutions. The state constitutions 
 are the direct descendants of the royal charters under 
 which the early English settlements in America were made. 
 From the beginning the English colonists in America were 
 accustomed to the idea of a fundamental law, usually 
 written, which created for them a frame of government, 
 and which emanated from an authority superior to the 
 ordinary law-making power in the colony. This superior 
 authority resided at first in the British crown or in the 
 crown and Parliament, but when the colonies became in- 
 dependent commonwealths, it passed over, not to the legis- 
 latures, but to the people of the newly created states. In 
 the ten colonies that were either proprietary governments 
 or royal provinces it was deemed necessary to frame new 
 constitutions or to make considerable alterations in the old 
 ones, but in the three charter colonies, namely, of Massa- 
 chusetts, Rhode Island, and Connecticut, the colonial 
 charters were intended to serve as state constitutions, with
 
 378 ACTUAL GOVERNMENT OF NEW YORK 
 
 only such changes as were made necessary by the substitu- 
 tion of the authority of the people for that of the crown. 
 We have already seen how largely the federal Constitution 
 was influenced by the preexisting state constitutions. As 
 might be expected, it has in its turn influenced the con- 
 stitutions of states admitted to the Union since its adoption ; 
 but still more have they been influenced by the constitu- 
 tions of the older states from which the settlers of the 
 newer states have come. The original constitutions of 
 the first thirteen states, as well as the constitutions of 
 the newer states, have been not only frequently amended 
 but even entirely remodeled, so that the constitutions 
 now in force in the several states date from all periods 
 of our history. 
 
 Methods of Constitution-Making. At first state consti- 
 tutions were formed either by the legislatures or, more 
 commonly, by special constitutional conventions. These 
 conventions were rarely required to submit their work, to 
 the people for approval ; they were empowered not only to 
 draft but also to adopt the constitution. Up to 1810 only 
 three out of the twenty-five constitutions adopted had been 
 submitted to the voters for ratification. Gradually these 
 methods have changed in nearly all the states, and con- 
 stitutions are now framed by specially elected conventions, 
 whose work is then submitted to the voters for ratification 
 or rejection (a referendum) . 
 
 The Present Process. In detail the present process of 
 forming a state constitution is practically as follows : A 
 resolution is passed, in some states by a two-thirds vote, 
 in others by a majority vote of the members of the state 
 legislature, calling for a constitutional convention. If, at 
 the next election, the voters signify a desire for revision 
 of the constitution, another resolution of the legislature
 
 STATE GOVERNMENTS 379 
 
 prescribes the number of members for the convention, the 
 election districts, and the mode of election. When the 
 convention has met and finished its work, the new draft 
 is submitted to the people for ratification, though only 
 one third of the states require such popular sanction. 
 Usually it is accepted or rejected as a whole, though extra 
 clauses on certain subjects are occasionally voted upon 
 separately. In some states constitutional revision is re- 
 quired at stated intervals. 
 
 Constitutional Amendments. If, instead of general re- 
 vision, certain specific amendments to the constitution are 
 .desired, such amendments are first proposed by the state 
 legislature. In a few of the states the proposal for amend- 
 ment may be passed by a mere majority of the members of 
 the legislature ; others require a three-fifths vote ; others, a 
 two-thirds vote ; while still others require that the proposal 
 be passed by two successive legislatures by votes varying 
 in different states from a majority to three fourths of the 
 members elected. After the proposed amendments have 
 been passed by the requisite majorities, they are submitted 
 to the people for ratification, and in this popular vote like- 
 wise special majorities are required by the different states. 
 While the process of amendment may seem at first sight 
 somewhat difficult, it has not been found so in practice. 
 Constitutional changes in the states have been made fre- 
 quently — too frequently, some critics believe. The fact 
 that the more recent constitutions require the consent of 
 only one legislature, rather than of two successive ones, to a 
 proposed change, would seem to indicate a tendency to 
 make the process a shorter and thus an easier one. When 
 we come to consider the contents of state constitutions, 
 we shall see that they deal in the most detailed manner 
 with a great variety of matters, many of which are of such
 
 380 ACTUAL GOVERNMENT OF NEW YORK 
 
 a character that laws concerning them must be subject 
 to somewhat frequent alteration ; hence constitutional 
 revision is probably no more frequent than is necessary. 
 
 Contents of State Constitutions: Historical Changes. 
 The earlier state constitutions were brief, usually contain- 
 ing little more than a Bill of Rights and a frame of govern- 
 ment. As might be expected in the case of governments 
 formed under revolutionary influences, the new govern- 
 ments consisted of a strong legislature, a comparatively 
 weak executive, and a carefully organized and independent 
 judiciary. As revolutionary influences died away there 
 followed a second period in the history of constitution- 
 making, lasting from about 1800 to the Civil War. In the 
 constitutions of this period the political tendency of the 
 time toward democracy is clearly manifest. Over a large 
 part of the country it becomes an established principle 
 that constitutions shall be enacted by popular vote. The 
 suffrage is widely extended until it becomes practically 
 manhood suffrage, except in the case of the negro. The 
 legislature is beginning to be regarded as a body of agents to 
 whom are intrusted no very large discretionary powers, and 
 who must apply to the people for any extension of their 
 powers. Very significant is the increasing length of the 
 constitutions of this period, due to the incorporation of a 
 mass of provisions differing from ordinary statutes only in 
 having been enacted directly by the people instead of by 
 the legislatures. The constitutions enacted since the Civil 
 War have shown a slight reaction against the democratic 
 tendencies of the earlier period. There has been a dis- 
 position to strengthen the executive and judicial depart- 
 ments of the government, and to curtail the power of the 
 legislature both by laying restrictions upon it and by 
 resorting frequently to direct legislation by the people.
 
 STATE GOVERNMENTS 381 
 
 Existing State Constitutions usually contain a definition 
 of the boundaries of the state, a Bill of Rights, and pro- 
 visions for the establishment of the three departments of 
 government, with their officers and functions, together with 
 regulations concerning the suffrage. In addition to these 
 more essentially constitutional provisions there occur a 
 great number of miscellaneous provisions dealing with 
 matters which properly belong to the domain of ordinary 
 law, such as articles concerning taxation, education, local 
 government, corporations, public lands, the administra- 
 tion of the state debt, the management of public institu- 
 tions, the sale of intoxicants, and many others. These 
 later constitutions, moreover, not only cover this great 
 variety of subjects, but deal both with these and with 
 the properly constitutional provisions in much greater 
 detail than was attempted in the earlier ones. Doubtless 
 the principal motive in thus crowding into the constitu- 
 tions much that might better take the form of laws on 
 the statute books is popular distrust of the legislatures 
 and consequent desire to legislate directly upon certain 
 important subjects. 
 
 The State Governments. In every state the government 
 is divided into the three departments — legislative, execu- 
 tive, and judicial. The state legislatures are all bicameral 
 (that is, they consist of two chambers), the smaller house 
 being termed in all states the senate, while the larger is 
 usually called the house of representatives, though in 
 six states it is known as the assembly, in three as the 
 house of delegates. The state executive department con- 
 sists of the governor and a number of other officials. The 
 state judiciary consists of at least one state court, with a 
 number of minor courts. 1 
 
 1 See p. 392.
 
 382 ACTUAL GOVERNMENT OF NEW YORK 
 
 Suffrage and Elections. Although in most states the 
 suffrage approaches very nearly to universal manhood suf- 
 frage, still the qualifications are by no means uniform. Most 
 of the states demand that the voter be of the male sex, 
 twenty-one years of age, and a resident of the state for 
 a definite time, and that he be neither a criminal nor a 
 pauper. Beyond this the qualifications vary widely. In 
 Arizona (191 2), California (191 1), Colorado (1893), Idaho 
 (1896), Indiana (1917), Kansas (1912), Montana (1914), 
 Nevada (19 14), New York (191 7), North Dakota (19 17), 
 Ohio (19 1 7), Oregon (19 12), Utah (1896), Washington 
 (19 10), and Wyoming (1869) women vote on equal terms 
 with men, and in Illinois (191 3) so far as not prevented 
 by the state constitution. In a majority of states the voter 
 must be a citizen ; in others, a declaration of intention to 
 become a citizen is sufficient. Mississippi, Massachusetts, 
 New Hampshire, Connecticut, and Delaware impose an edu- 
 cational test, requiring ability to read or to read and write. 
 In Idaho the suffrage is denied to polygamists. Some states 
 require that the voter register his name and certain other 
 facts before he can vote. The reason for the age require- 
 ment is obvious. The residence qualification, if carried to 
 the length it is in New York State, tends not only to prevent 
 repeating (voting more than once) at the ballot box but to 
 secure from the voter some familiarity with local conditions 
 before he casts his vote for a local officer. Citizenship 
 presupposes a certain interest in the affairs of a state 
 which, perhaps, may not exist in the alien voter. In the 
 more thickly settled districts, particularly in cities, regis- 
 tration has been a helpful means of combating the evil of 
 repeating. 
 
 Method of Choosing Candidates. The men to be voted 
 for at the various local, state, and national elections for
 
 STATE GOVERNMENTS 383 
 
 the numerous offices have to be selected in some manner 
 by each political party, a separate set for each party. 
 This is usually done by what is known as the convention 
 plan or by means of the primary election. For this 
 purpose the state is divided into election districts, usually 
 the smallest political division of the state. The state is 
 also divided into counties, legislative, judicial, and con- 
 gressional districts, and the state itself likewise comprises 
 an election district. In each district and state each 
 political party has its committee, whose duty it is to call 
 a meeting of the voters, or delegates, of the party for 
 the purpose of placing in nomination candidates for the 
 various offices of the district concerned, to announce the 
 issues upon which it goes before the people and to ask 
 for their support, and to transact such other business as 
 may devolve upon the meeting. If the convention plan 
 is followed, the committee of the election district calls a 
 caucus or primary of the voters of the election district 
 belonging to its political party, and proceeds to nominate 
 candidates for local offices and delegates to the county 
 convention or to whatever convention is next in order. 
 This convention of delegates proceeds to select candidates 
 for the offices of the county or other district, delegates to 
 some higher convention, and so on until a complete set of 
 candidates for all offices — local, state, and national — is 
 chosen by each political party. The candidates thus 
 selected constitute the party ticket, which goes before the 
 people at the- regular election in November or later. 
 
 If the primary-election plan is followed, a candidate 
 for office must secure the signatures of a certain per- 
 centage of the voters of his political party. His name, 
 with others for the same office from the same party 
 (if there are other candidates), is then placed upon the
 
 384 ACTUAL GOVERNMENT OF NEW YORK 
 
 primary ballot. In this manner the ticket for the primary 
 election is made up. At the date set for the primary 
 election the voters meet at the places designated and 
 from the different candidates proposed vote for the candi- 
 dates of their choice. Those who receive the highest vote 
 at the primary election become the candidates of their re- 
 spective parties at the general election. In this manner the 
 party ticket is made up. The convention plan places the 
 responsibility of selecting candidates upon the party leaders, 
 while the primary-election plan places it upon the individual 
 voter. 
 
 Under the convention plan it was difficult for any per- 
 son to become a candidate who was not in favor with the 
 party leaders, while under the primary-election plan any 
 aspirant who can secure the proper number of signatures 
 to his nominating petition can have his name placed upon 
 the primary ballot, and upon the party ticket should he be 
 successful in the primary election. 
 
 Voting. Voting is usually done on a single day, between 
 sunrise and sunset. For the election of United States 
 officers a uniform day has been fixed by law — the first 
 Tuesday after the first Monday in November. Polling 
 places are provided, in charge of officers prescribed by state 
 law. The voting is by ballot or by voting machines. 
 Most of the states have adopted the Australian system 
 of balloting, or some modification of it, in order to secure 
 secrecy. By this system the voter, having been given an 
 official ballot printed by the state and containing in parallel 
 columns the names of all the candidates to be voted for at 
 that election, with the party emblem, a circle, and the 
 name of the party at the top of each column, enters a 
 closed booth or room, alone. If he wishes to vote for all 
 the candidates of his party (that is, a "straight ticket"),
 
 STATE GOVERNMENTS 385 
 
 he places a mark in the circle at the top of the column con- 
 taining their names. If, on the other hand, he wishes to 
 vote for one or more candidates from other parties (that 
 is, a " split ticket "), he places a cross opposite the name 
 of each candidate for whom he wishes to vote. He then 
 hands the ballot to the proper officer for deposit in the 
 ballot box. If the officer in charge of an election, or even 
 a bystander, thinks that the voter does not possess the 
 necessary qualifications, he may question his right to vote. 
 This is called challenging. The person challenged must 
 then " swear in his vote," that is, take an oath that 
 he is entitled to vote at that election. In New York 
 illegal voting is punishable by a period of imprisonment 
 from three months to a year in length, and for certain 
 offenses of this nature an additional penalty is provided 
 depriving the convicted person of the right of suffrage 
 for a period of five years after conviction. In New York 
 also and in Florida betting on elections is forbidden by law. 
 Election. After the election the voting places are closed, 
 and the election officers count, or canvass, the votes. If 
 the number of ballots does not agree with the list made 
 of the voters, then it is the custom to draw out of the box 
 the number in excess. Sometimes, especially when voting 
 for the officers of the larger divisions of the state, as the 
 county, congressional district, or state, the votes are can- 
 vassed by two or three sets of officers. In most of the 
 states a plurality only is necessary for an election. By 
 " plurality " is meant the excess of the number of votes cast 
 for the leading candidate over those cast for each of his 
 competitors in cases where there are more than two candi- 
 dates and no one receives a majority of the votes. Thus, 
 if A gets 450, B 300, and C 250 votes, out of a total vote 
 of 1000, A is said to have a plurality over his competitors.
 
 386 ACTUAL GOVERNMENT OF NEW YORK 
 
 In several of the New England states a majority (at least 
 one over half of the total number of votes cast) is neces- 
 sary to elect. It very often happens that a person is elected 
 on a plurality vote who is really the choice of but a small 
 part of the voters ; on the other hand, under the New 
 England system it may be necessary to resort to a new 
 election, no candidate having the necessary number of 
 votes for a choice. 
 
 The Legislature : Organization. The members of both 
 houses of the state legislature are chosen by popular vote, 
 usually from districts equal in number to the members of 
 the respective houses. The basis of representation, there- 
 fore, does not differ in the two houses, except that the 
 senators are elected from larger districts. Otherwise the 
 houses differ merely in the number of members, the length 
 of term, and their special duties. The state senates now 
 consist, on the average, of about thirty members. Nevada 
 has the smallest senate, numbering twenty-two members ; 
 Minnesota the largest — sixty-seven. In most of the 
 states the term of the senator is longer than that of the 
 representative, ranging from two years to four. In most 
 of the states also the senate is only partially renewed at 
 each election, so that this body possesses a continuity 
 which the other house lacks. Some of the states also fix a 
 higher age qualification for the senator, and until 1897 
 Delaware imposed a property qualification. 
 
 The Lower Houses are in general about three times as 
 large as the senates, but the size of the houses varies greatly 
 from state to state. In the West and South the houses are 
 generally smaller than in the other states, particularly in 
 New England, where the stronger local sentiment demands 
 representation for smaller districts. The length of term 
 varies from one year to four, most of the states electing
 
 STATE GOVERNMENTS 387 
 
 for two. Except for a lower age qualification and a shorter 
 period of residence for representatives, the qualifications 
 for members of the two houses are essentially the same. 
 The requirement that both senators and representatives 
 shall be residents of the districts from which they are 
 elected is made in some states by the constitution, and 
 everywhere by custom. 
 
 Sessions. In most of the states the sessions of the legis- 
 lature are biennial. 1 Only six states (Massachusetts, New 
 York, New Jersey, Rhode Island, South Carolina, and 
 Georgia) now hold annual sessions; among them, natu- 
 rally, are those which hold annual elections for members of 
 the legislature. In most states also the length of the session 
 is limited, usually to sixty days, but in three states (South 
 Carolina, Wyoming, and Oregon) to forty. The governor 
 may, however, convene the legislature in extra session 
 either on his own initiative or at the request of a certain 
 proportion of the members. 
 
 Procedure. In organization and procedure the state 
 legislature is very similar to the national. The lieutenant 
 governor, wherever provision is made for such an officer, is 
 usually the presiding officer of the senate. The speaker, as 
 the presiding officer of the house is called, is chosen by the 
 members. In most of the states a majority of the mem- 
 bers of each house constitutes a quorum. As in the na- 
 tional legislature, there are regulations securing to the 
 members freedom of speech in the house and exemption 
 from arrest during the session, providing for the expulsion 
 of members by a two-thirds vote, for adjournment, for the 
 keeping of journals, the judging of elections of members, 
 the reading of bills, etc. The committee system is in use 
 
 1 In some of the Southern states the legislature regularly meets but 
 once in four years. Alabama is an example of this custom.
 
 388 ACTUAL GOVERNMENT OF NEW YORK 
 
 in all the states, and in most of them measures must be 
 approved by at least one half of all the members of both 
 houses before they are submitted to the governor. 
 
 Restrictions on Powers of Legislatures. We have al- 
 ready seen (pp. 349-350) that under the federal constitu- 
 tion the states possess all those powers not delegated to 
 the United States by the constitution or prohibited by it 
 to the states. The powers of the states are not, like those 
 of the national government, delegated powers, nor do any 
 of the state constitutions expressly delegate powers to their 
 legislatures. Except where specific limitations have been 
 imposed upon it, the state legislature has power to deal 
 with any subject coming before it. The people of the 
 states have, however, shown a growing jealousy of the 
 powers of their legislatures by placing upon them various 
 important limitations and prohibitions. Upon certain sub- 
 jects, varying from state to state, the legislatures are for- 
 bidden to pass any measures at all. Mr. Bryce classifies 
 these forbidden measures as follows : (1) statutes incon- 
 sistent with democratic principles, such as granting titles of 
 nobility or creating a property qualification for suffrage 
 or office; (2) statutes against public policy, such as 
 tolerating lotteries, impairing the obligation of contracts ; 
 (3) statutes special or local in their application ; (4) statutes 
 increasing the state debt beyond a certain limited amount 
 or permitting a local community to increase its debt beyond 
 a prescribed amount. In addition to these prohibitions 
 upon legislation, the constitutions impose also a number of 
 restrictions as to the treatment of bills, the majorities 
 necessary to pass certain bills, the method of voting, the 
 reading of bills and the intervals between readings, as well 
 as regulations against changing the purpose of a bill 
 during its passage, and requiring that only one subject be
 
 STATE GOVERNMENTS 389 
 
 included in a bill and that that subject be expressed in 
 the title. 
 
 Special Powers of the Houses. In most of the states 
 each house possesses special powers. The power of im- 
 peachment belongs to the lower house, but the senate acts 
 as a court for the trial of impeachment cases. A two-thirds 
 vote is usually required for conviction. The senate also 
 possesses the power of confirming appointments made by 
 the governor. On the other hand, the power of originating 
 money bills resides, in a majority of the states, with the 
 lower house. In Vermont the power of proposing amend- 
 ments to the constitution is given to the senate alone, in 
 Connecticut to the house. 
 
 The Executive : Its Character. The organization of the 
 executive power of the states differs very materially from 
 that of the federal government. We have seen that the 
 president is the real executive head of the nation. In him 
 the chief executive authority is vested, and to him are re- 
 sponsible the officials who administer the federal law. He 
 appoints them and he may at any time remove them for 
 cause. In other words, the executive authority of the 
 nation is centralized. In the states, on the other hand, 
 it is very much decentralized. The relations existing be- 
 tween the governor and the other principal administrative 
 officers of the state are very different from those existing 
 between the president and his cabinet. These state officials 
 usually are not the governor's appointees. They are gen- 
 erally elected either directly by the people or by the legis- 
 latures and are in no wise responsible to the governor. 
 Even where, as happens in a few of the states, some of 
 these officials are appointed by the governor with the 
 confirmation of the senate, they are still not dependent 
 upon him. Their duties are prescribed either by the
 
 39© ACTUAL GOVERNMENT OF NEW YORK 
 
 constitutions of their states or by statute, and they are 
 removable only for just legal cause. They are not the 
 governor's subordinates or agents ; they are his colleagues. 
 Moreover, it cannot even be said that the governor and 
 the other central administrative officials together make 
 up the whole of the state executive. The power is still 
 further shared by a large number of local officials, — county, 
 town, and municipal officers, ■ — who, though they execute 
 state law, are so little responsible to the central executive 
 authority that they are not usually regarded as state officers 
 at all, but only as officers of their districts. Neither the 
 governor nor any one of his colleagues, with the possible 
 exception of the superintendent of education, exercises 
 any real control over the local authorities by whom the 
 laws are actually administered. 
 
 The Governor. In spite of this diffusion of executive 
 power, however, the position of the state governor is 
 by no means insignificant. If he is only a " piece " of the 
 executive, as he has been called, still he is a very important 
 piece. Though he has no real control of the other execu- 
 tive officers and administrative boards, still he has general 
 oversight of them. He has some power of appointment, 
 though not very extensive. As commander-in-chief of the 
 state militia it is his duty to see that order is preserved 
 within the state and to repel invasion in case such occurs. 
 The governor also has the power, under certain restrictions, 
 to grant reprieves and pardons to persons convicted of 
 crime. His most important duties, however, are those 
 which have to do with the legislature, and which give him 
 some control over legislation. At the beginning of each 
 session he sends a message to the legislature for the purpose 
 of informing the lawmakers of the condition of the com- 
 monwealth and of recommending such measures as he
 
 STATE GOVERNMENTS 391 
 
 deems necessary. In case the houses fail to agree on the 
 time of adjournment, he may adjourn them. In most 
 states, also, he may call special sessions, either with or 
 without the request of a portion of the legislature. Most 
 important of all, however, is his power of vetoing measures 
 that he does not approve — a power given him in every 
 state except two (Rhode Island and North Carolina). Bills 
 may, of course, be passed over the governor's veto by 
 majorities varying widely in the several states. In many 
 of the states the governor may veto particular items in 
 appropriation bills ; other bills must be approved or dis- 
 approved entire. 
 
 The Governor's Colleagues. In addition to the governor, 
 all the states have a number of other central executive 
 officers, though not all the states have, exactly the same 
 ones. Many of them have lieutenant governors who suc- 
 ceed to the governorship in case the governor is for any 
 reason incapacitated. All of them have secretaries of 
 state and all have treasurers. Nearly all have attorneys- 
 general. Most of them have superintendents of educa- 
 tion, though some have boards of education instead. Some 
 have auditors ; in others the same duties are performed by 
 comptrollers. In three of the states (Maine, New Hamp- 
 shire, and Massachusetts) there exist governor's councils. 
 The secretaries of state keep and affix the seal of the com- 
 monwealth and keep all state records. The treasurers 
 have charge of the public funds, which they pay out only 
 on warrants issued by the auditors or comptrollers. The 
 auditors or comptrollers have general supervision of state 
 finances. Like the national Secretary of the Treasury, 
 they present to the legislatures estimates of the amount of 
 money needed for state purposes, though the state legis- 
 latures in general feel themselves even less bound than
 
 392 ACTUAL GOVERNMENT OF NEW YORK 
 
 does Congress by such recommendations. The attorneys- 
 general are the legal advisers of the states and conduct 
 all state cases before the courts. The superintendent of 
 education oversees the educational system of the state, 
 often apportioning the school moneys and deciding dis- 
 putes involving school authorities. In addition to these 
 central executive officers there are in many of the states 
 various departments in charge of superintendents or 
 boards, such as departments of health, of labor, of agricul- 
 ture, of charities and correction. In most cases these 
 departments have not yet been given sufficient power to 
 render their control effective, and a large part of the duties 
 which naturally belong to them are still under local control. 
 
 Election, Terms, and Qualifications of Executive Officers. 
 Not only the governor but the other central executive of- 
 ficers as well are chosen by direct popular vote over the 
 whole state. The terms vary in the different states. In 
 general the terms of the other principal officers are the 
 same as that of the governor and lieutenant governor. 
 In most of the states the term is either two or four years ; 
 occasionally, however, one or three. Most of the states 
 prescribe certain minimum qualifications, covering age, 
 residence, and citizenship, which always apply to the 
 governor and lieutenant governor and generally to the 
 other important officers. All these officials are removable 
 by impeachment. 
 
 The Judiciary. Justice in the states is administered 
 through a system of courts which exist quite independently 
 of federal law. The two systems of courts, federal and 
 state, are entirely separate, so that for cases falling within 
 their jurisdiction the decision of the state courts is final. 
 Only in cases involving federal law or in cases in which the 
 nature of the parties to the suit is such that no state court
 
 STATE GOVERNMENTS 
 
 393 
 
 has complete jurisdiction (for example, suits between citizens 
 of different states) does an appeal lie to the federal courts. 
 
 The System of Courts. The judicial systems of the differ- 
 ent states vary so considerably that only the most general 
 description is applicable to all of them. Usually there are 
 four grades of state courts. The lowest are those presided 
 over by justices of the peace and having jurisdiction over 
 petty civil and criminal cases. Their decisions are almost 
 always subject to appeal to higher courts. Next above 
 them stand the county or municipal courts, which hear 
 appeals from them and have original jurisdiction in civil 
 cases where the amount involved is large, and in criminal 
 cases of the graver character. Next come the superior 
 courts, called also circuit or district courts, which hear 
 appeals from the lower courts and have original jurisdiction 
 of the most general character in both civil and criminal 
 cases. The highest court in the state is usually the supreme 
 court. In most of the states its jurisdiction is only appel- 
 late, though in a few of the older states it has original 
 jurisdiction as well. In five of the states (New York, 
 New Jersey, Louisiana, Kentucky, and Illinois) there are 
 courts higher than the supreme court, called courts of 
 appeal. 
 
 Special Courts. In addition to these, some of the states 
 provide special courts for the trial of cases in equity (cases 
 arising out of grievances for which the common law fur- 
 nishes no remedy). Usually, howe\er, instead of provid- 
 ing special courts, the states have given jurisdiction over 
 such cases to one or more of the regular courts. Much 
 more general is the special probate court, whose business 
 it is to see to the disposition of the property of deceased 
 persons. In many states, however, this function is also 
 performed by the ordinary courts.
 
 394 ACTUAL GOVERNMENT OF NEW YORK 
 
 Judges. The judges of most of the state courts, both 
 higher and lower, are elected, those of the supreme court 
 usually by the people of the state at large ; those of circuit, 
 county, municipal, and other courts, by the electors of the 
 area in which they serve. In some states, however, the 
 higher judges are chosen by the legislature ; in a few others 
 they are appointed by the governor, with the advice and 
 consent of the senate, and in three of the New England 
 states they are appointed by the governor and council. 
 
 The Term of Office varies from two years to tenure dur- 
 ing good behavior. In general the higher judges hold 
 office for longer terms than do the lower ones. Justices 
 of the peace are usually elected for two or four years, cir- 
 cuit judges for four or six years, supreme judges for eight 
 or ten. Most of the states impose an age and residence 
 qualification upon candidates for judgeships, and some 
 require tests of legal fitness also. 
 
 State Finances. The state government, like the national 
 government, cannot exist without money. The power to 
 tax the people of the state is therefore vested in every 
 state legislature. " Although the budget of the state is 
 not large in proportion to the wealth of its inhabitants," 
 a considerable revenue is required, not only to pay the 
 officers and the militia but to sustain the various enter- 
 prises in which the state is interested, such as asylums and 
 institutions for the unfortunate, schools, canals, and the 
 like. If the state is in debt, some of this revenue goes 
 toward paying the principal and interest. 
 
 Taxes. State taxes usually take the form of direct taxes 
 on real estate and personal property, or in some cases on 
 collateral inheritances. A few states impose a poll tax, 
 which is often a prerequisite for voting. Almost every 
 state in addition imposes certain indirect taxes. Such are
 
 STATE GOVERNMENTS 395 
 
 the taxes on particular trades or occupations, which some- 
 times take the form of license taxes ; or the taxes on fran- 
 chises, that is, the right to operate railroads, etc. ; or, 
 again, taxes on railroad stock. 
 
 Exemptions. Certain properties are exempt from taxa- 
 tion. Among these are public buildings, since they are 
 used for public purposes, and it is for such purposes that 
 taxation is levied ; institutions or societies for the improve- 
 ment of the people, such as schools, churches, charitable 
 institutions, and agricultural societies ; the necessary im- 
 plements of the farmer or mechanic ; and United States 
 securities. In some states, possibly with the idea of en- 
 couraging thrift and industry, the law exempts deposits in 
 savings banks from taxation. 
 
 Assessment. The first step toward raising revenue by 
 direct taxation is assessment. Certain local officers, known 
 as appraisers or assessors, chosen by the local governments 
 but acting under state laws, ascertain the value of the real 
 estate and personal property of the various localities. As 
 the contribution of the communities is based on this valua- 
 tion, it is to their interest to put it as low as possible, and 
 thus to avoid their share of the state burdens. To correct 
 abuses of this sort, many states have a state board of equal- 
 ization, whose duty it is to see that the taxable property of 
 the localities is equally and fairly valued. Their work is 
 sometimes supplemented by similar county boards. Many 
 states have also taken the assessment of certain sorts of 
 widely diffused property (such as railways, telegraph and 
 telephone lines) out of the hands of the local assessors, and 
 have established boards of state assessors to deal with them. 
 
 Apportionment and Collection. When the state has de- 
 termined the amount to be raised, it is apportioned through- 
 out the state according to the amount of taxable property as
 
 396 ACTUAL GOVERNMENT OF NEW YORK 
 
 determined by the returns received from the assessors. The 
 amount to be raised is divided by the amount of taxable 
 property, and the per cent obtained constitutes the state 
 tax rate. With the valuation of the county property be- 
 fore them, it is easy for the county officials to ascertain in a 
 similar manner the county rate, and the town officers the 
 town rate. State, county, and town taxes are usually 
 paid in one sum. When the collector receives the taxes, 
 the town officers retain the part raised for town purposes 
 and send the remainder to the proper county officers, who 
 similarly retain the county taxes and remit the rest to the 
 state authorities. Indirect taxes are usually paid directly 
 to state officials. 
 
 Restrictions upon Taxing Power. Various restrictions 
 have been imposed upon the states by their constitutions 
 in this matter of raising and spending money. " Taught 
 by sad experience of reckless legislatures," the people 
 limit the amount that may be raised annually by taxation. 
 Sometimes this limitation takes the form of a require- 
 ment that the sum raised shall be no more than sufficient 
 to meet current needs. In their fear of state indebted- 
 ness they have limited the amount that may be borrowed, 
 sometimes to an absolute sum, sometimes to a certain 
 percentage of the assessed valuation of the taxable prop- 
 erty. They have besides forbidden the state to contract 
 debts without immediately providing a sinking fund to 
 discharge the obligation. Similar restrictions also exist 
 to prevent indiscriminate borrowing on the part of the 
 local governments under state jurisdiction. 
 
 Education. One of the most important functions in- 
 trusted to the state governments is the maintenance and 
 control of the public-school system. In this work of edu- 
 cating the masses — a work so important under a republican
 
 STATE GOVERNMENTS 397 
 
 form of government — the national government, by exten- 
 sive land grants, has aided the states most liberally ; but it 
 has left the control of the public schools, both elementary 
 and higher, to the states. 
 
 The School System. The earliest public schools were 
 organized not by the states but by the localities that de- 
 sired them, and they formed no part of any system. Gradu- 
 ally, however, as the need for better organization, better 
 instruction, and greater uniformity became apparent, the 
 states began to regulate public education by law. At first 
 there were no state school officials, and the attempt at 
 state control was to a great extent ineffective. Now, how- 
 ever, the schools are everywhere completely regulated 
 by state law, though the law is still administered for the 
 most part by local officers. In each state the law deter- 
 mines, among other things, what shall be the administrative 
 unit for the school system, county, town, or district; 
 prescribes a minimum list of subjects to be taught ; fixes a 
 minimum school year ; and lays down the requirements 
 which must be met by the teachers of the state. 
 
 Various Grades of Schools are maintained by all the 
 states. The common schools (sometimes called district 
 schools) and graded schools furnish facilities to everyone 
 desiring an elementary education. High schools and acade- 
 mies give instruction in the academic branches and prepare 
 for college, while a higher education is to be obtained in 
 colleges and universities, many of which are supported 
 wholly or in part by state funds. Most of the states of the 
 West maintain at least one state university in which tuition 
 is free to its citizens. Many states have also established 
 technical and agricultural schools and colleges for the pur- 
 pose of increasing the industrial efficiency of their citizens. 
 The states also endeavor to secure the best instruction
 
 398 ACTUAL GOVERNMENT OF NEW YORK 
 
 possible by creating normal schools for the training of teach- 
 ers and by fixing tests for candidates for positions as teachers. 
 
 State Administration of Schools. In nearly every state 
 in the Union the educational system is under the general 
 supervision of a state board of education or a state superin- 
 tendent, or both. These officials are chosen in various 
 ways in the different states, though the boards are perhaps 
 more frequently appointed by the governor or legislature, 
 the superintendents more often elected by the people. It 
 is the business of these officials to interpret and enforce 
 the school laws ; to care for the state school funds ; to 
 attend to the examination of teachers, except where that 
 duty has been intrusted to county boards ; and in some 
 cases to select the textbooks. It is their duty also to 
 study educational methods and to keep themselves gen- 
 erally informed in educational matters, with a view to im- 
 proving as rapidly as possible the schools of their state. 
 
 Local Administration of Schools. Below these state 
 officials there are usually county boards of education 
 and county commissioners or superintendents. The ex- 
 amination of teachers is usually conducted by these boards 
 under state law. The county commissioners or superin- 
 tendents are charged with the duty of visiting and inspect- 
 ing the schools and distributing the school funds among 
 them. In the rural sections school law is administered by 
 officers, usually called trustees, chosen for a term of three 
 years by the people of either the school district or the town- 
 ship. Cities have, under state laws of course, their own 
 separate school systems, administered by their own boards 
 of education and city superintendents. 
 
 Compulsory Education. Many states regard an elemen- 
 tary education as a matter so important and so closely 
 connected with the stability of republican institutions that
 
 STATE GOVERNMENTS 399 
 
 they have enacted laws compelling the attendance of all 
 children between certain ages for a certain length of time 
 each year. 
 
 Importance of State Government. As indicated above, 
 the federal government left to the states all those powers 
 not delegated by them to the nation nor forbidden by the 
 Constitution to the states. How vital, then, are the issues 
 at stake in our state elections ! President Garfield said : 
 " The state government touches the citizen and his interests 
 twenty times where the national government touches him 
 once. For the peace of our streets and the health of our 
 cities ; for the administration of justice in nearly all that 
 relates to the security of person and property and the 
 punishment of crime ; for the education of our children and 
 the care of unfortunate and dependent citizens ; for the 
 collection and assessment of much the larger portion of 
 our direct taxes, and for the proper expenditure of the 
 same — for all this, and much more, we depend upon the 
 honesty and wisdom of our general assembly (of Ohio) 
 and not upon the Congress at Washington." When it is 
 remembered further that all the important reforms that 
 have agitated the people of England during the last cen- 
 tury, with the possible exception of the corn laws and the 
 abolition of slavery, would have been proper objects for 
 our state rather than our national government, the relative 
 importance of good management in state affairs becomes 
 apparent. 
 
 Initiative and Referendum. As a check upon state legis- 
 latures, resort is had to the initiative and referendum. By 
 " initiative " is meant the right of the people to propose a law 
 to the legislature, and by " referendum " is meant that before 
 an act passed by the legislature becomes a law, it shall first 
 be submitted to the people and decided by popular vote.
 
 400 ACTUAL GOVERNMENT OF NEW YORK 
 
 Amendments to the state constitution, and public improve- 
 ments involving large expenditure of public funds, have 
 generally been submitted to popular vote. The principle 
 of the referendum has, in various ways, been recognized 
 from the early beginnings of government in this country. 
 The principle is further recognized in referring such ques- 
 tions as local option, municipal ownership, the incorpora- 
 tion of villages and cities, and similar questions to the 
 people to decide at the polls. South Dakota, Oregon, and 
 Oklahoma provide in their state constitutions or by statute 
 for a system of direct legislation by this means. The 
 tendency of modern times is in the direction of the initiative 
 and the referendum, and toward direct-primary nominations 
 for all public offices. A majority of the states now have 
 primary-election laws. 
 
 Library References. Macy, chaps, viii-xi, xiii; Macy, First 
 Lessons, chaps, iii-xv, xxiv, xxviii ; Dawes, chaps, xiii-xiv ; Fiske, 
 pp. 173-188; Hinsdale, chaps, xliv-liv ; Bryce, Vol. I, chaps, xxxvi- 
 xlv; Wilson, §§ 885-994; Dole, chaps, xv-xvii, xix; Lalor, Article 
 on Constitutional and Legal Diversities in States; Woodburn, chap. vii. 
 
 QUESTIONS ON THE TEXT 
 
 1. In some states women, aliens, infamous criminals, idiots, 
 minors, and lunatics are excluded from voting. Give reasons for 
 or against the exclusion in each case. 
 
 2. Should paupers be allowed to vote ? Give reasons. 
 
 3. Give a reason for the law requiring registration of voters. 
 
 4. Give one reason why a legislature should consist of two 
 bodies. 
 
 5. Give arguments for or against biennial sessions of the 
 state legislature. 
 
 6. What is the capital of a state and why so called?
 
 STATE GOVERNMENTS 401 
 
 7. Describe the process of assessing property for the purpose 
 of taxation, and show how the amount of money to be raised by 
 each town is fixed. 
 
 8. Mention three kinds of property that are usually exempt 
 from taxation, giving reasons. Why has the state the right to 
 impose taxes ? 
 
 9. What is meant in general by a compulsory-education 
 law ? Why is such a law desirable ? 
 
 10. May a state levy and collect an income tax? 
 
 11. What government touches the individual most frequently 
 — city, state, or national ? Why ? 
 
 12. Mention the different state courts. What is a police 
 court ? 
 
 13. Under what circumstances may cases be transferred 
 from state to federal courts ? 
 
 14. If legislation on any subject is desired by citizens of the 
 state, how is the attention of the legislature secured ?
 
 CHAPTER XXX 
 COMPARISON OF NATIONAL GOVERNMENTS 
 
 Other Governments : their Relation. After we have 
 completed our study of the local, state, and national govern- 
 ment, there still remains for us to learn how other nations 
 are governed and how we are affected by the relations of 
 our government with other governments. This relation is 
 regulated by international law. It consists of a body of 
 usages, customs, maxims, and institutions of long standing, 
 denning the duties and responsibilities of nations in their 
 relation under certain conditions, but which no nation is 
 bound to observe and yet whose violation would be con- 
 sidered as very bad form and might lead to armed inter- 
 ference. When international law is violated by individuals 
 in the United States, they may be punished by due process 
 of municipal law. Treaties (agreements) made between 
 nations are binding upon the nations mentioned in the 
 treaties. To facilitate communication between nations, re- 
 course is had to diplomatic agents (representatives of one 
 country residing in another). Matters of dispute may be 
 settled by arbitration, embargo, reprisal, and retortion 
 before resort to war is had. When war is declared, notice 
 of some kind indicating the change in feeling must be made 
 in order that the subjects of the two nations involved and 
 the subjects of neutrals may know that a state of war 
 exists and in order that they may observe the rules of in- 
 ternational law in all matters relating to the combatants. 
 
 402
 
 4°3
 
 404 ACTUAL GOVERNMENT OF NEW YORK 
 
 For a full discussion of international law, see School Civics, 
 Chapter XXII. 
 
 England's Constitution. The government of Great 
 Britain is a limited constitutional monarchy; that is, it 
 has a constitution which defines the rights and privileges of 
 the people and the crown. This constitution is largely 
 unwritten, and what is written is not contained in a 
 single document, as is the constitution of the United States. 
 The written part is scattered through acts of Parliament 
 and solemn agreements extending through the Middle 
 Ages to the present time. The unwritten part consists 
 of customs, maxims, usages, and institutions of long 
 standing, which have come to have the force of written 
 law. Thus the British constitution is an evolution which 
 changes to meet changing conditions extending over many 
 centuries. 
 
 England's Legislature. The legislative department of 
 the British government is called Parliament and is com- 
 posed of two houses, the House of Commons and the House 
 of Lords. The members of the House of Commons are 
 chosen by universal suffrage by secret ballot for a term of 
 five years. The members of the House of Lords hold 
 their seats in four ways : by right of inheritance, by royal 
 appointment, by right of ecclesiastical office, and by elec- 
 tion. The parliament act of 191 1, by limiting the legislative 
 powers of the House of Lords, greatly increased those of the 
 House of Commons. The English constitution places no 
 legal limitations upon the power of Parliament. Parliament 
 is therefore England, so far as its legal powers are concerned 
 (see p. 196). A quorum (for Congress, see p. 222) neces- 
 sary to do business is fixed at forty of the 670 members of 
 the House of Commons and three of the 642 members 
 of the House of Lords.
 
 COMPARISON OF NATIONAL GOVERNMENTS 405 
 
 England's Executive. The executive power is, nominally 
 at least, the crown. Besides executing the fundamental 
 laws as expressed in the constitution, the laws passed by- 
 Parliament, and the decision of the courts, the crown may 
 do anything which it is not forbidden by Parliament. 
 Briefly summarized, the executive powers of the crown in- 
 clude the declaration of war, the negotiation of treaties, the 
 appointment and reception of diplomatic officers, and the 
 issuing of passports. The command of the army and navy, 
 the promulgation of rules for the government and dispo- 
 sition of the forces, the appointment of all civil and military 
 officers and their removal, the appointment of the clerical 
 officers of the Church of England, and the granting of par- 
 dons are in theory intrusted to the crown. The legislative 
 powers of the crown may be summarized as the authority 
 to summon, open, or prorogue (that is, dismiss) Parlia- 
 ment upon the advice of the prime minister. Dissolution 
 puts an end to the House of Commons, but it does not 
 affect the House of Lords except to terminate the sitting 
 of the Scottish peers, who are elected for the term of Par- 
 liament. To these legislative duties may be added the 
 legal right of the crown to veto the measures of Parliament 
 — a right, however, which has not been exercised since 
 1707, and the adoption of the cabinet system makes 
 further resort to it by the crown unnecessary. 
 
 English Cabinet. The actual administration of the 
 British government is through the agency of the cabinet 
 selected from the members of Parliament of the political 
 party which has a majority in the House of Commons. When 
 a cabinet is to be formed, the crown sends for the acknowl- 
 edged leader of the majority party in the House of Com- 
 mons, asks him to accept the premiership, and intrusts him 
 with the selection of his colleagues. The prime minister
 
 406 ACTUAL GOVERNMENT OF NEW YORK 
 
 selects his associates and recommends them to the crown, 
 who appoints and commissions them. Those selected may 
 be members of either house, but those who are members of 
 the House of Commons must resign their seats and secure 
 the approval of their constituents by reelection. Thus the 
 people of their districts are consulted in the formation of 
 the cabinet. The members of the cabinet have seats in Par- 
 liament and take active part in all legislative matters ; they 
 initiate public legislation and assume leadership in debate. 
 If they are defeated on any important government measure, 
 or if the House votes lack of confidence in their leadership, 
 they may resign, and another ministry must then be formed 
 by the new majority thus indicated. If, however, the de- 
 feated cabinet think they still represent the will of the 
 people, they can ask the crown to dissolve the House of 
 Commons and order a new election, thus bringing the ques- 
 tion squarely before the individual voter, whose chosen 
 representatives take their seats immediately instead of a 
 year from the next December after election, as in the 
 case of Congress (see p. 221). If the result of the election 
 is against the cabinet, they must resign. In addition to 
 their legislative duties, the ministers act as heads of the 
 various administrative departments. 
 
 England's Judicial System. The judicial system of Eng- 
 land consists of (a) the House of Lords, which acts both as 
 a criminal court for the trial of peers and as a general court 
 of impeachment, and is the highest court of the kingdom ; 
 (b) the judicial committee of the privy council, which is a 
 court of last resort for India, the colonies, the Isle of Man, 
 the Channel Isles, and the vice-admiralty courts abroad, 
 its personnel being substantially the same as that of the 
 House when sitting as highest court of appeals; (c) the 
 general courts of the kingdom, which are the High Court of
 
 COMPARISON OF NATIONAL GOVERNMENTS 407 
 
 Justice and the Court of Appeals. The former consists of 
 three sections, known as the chancery division of six judges, 
 the king's bench division of fifteen judges, and the probate, 
 divorce, and admiralty division of two judges. The principal 
 criminal courts are the petty session and quarter sessions, 
 assize courts, and the central criminal court. England's 
 local government is one of great and varied complexity, 
 incapable of brief explanation. 
 
 Germany. 1 The government of Germany at this time 
 (19 19) is undergoing changes somewhat revolutionary in 
 character. Before Germany precipitated the World War in 
 19 1 4, for which she had planned and prepared, the govern- 
 ment was supposed to have been a constitutional monarchy. 
 The World War, however, revealed the fact that the gov- 
 ernment was an absolute military despotism buttressed by an 
 elaborately worked out spy system upon the rest of mankind 
 with foreign headquarters in German embassies in other 
 countries. The German government was worked out on 
 the theory that might makes right, that the state can do 
 no wrong, is bound by no terms of any agreement, and is 
 responsible to no earthly power ; it controlled the avenues 
 of public education, thought, and entertainment and made 
 a mind as scientific and material as the goods which bore 
 its trade-mark, " Made in Germany " ; political, professional, 
 business, and social advancement depended very largely upon 
 the unquestioning and unthinking support of the government 
 at all times. 
 
 Germany's Legislature. Before the World War, Ger- 
 many had a written constitution. It provided for a federal 
 legislature of two houses, the Reichstag of 397 members 
 (resembling the British House of Commons or our House of 
 
 1 Ambassador James W. Gerard's My Four Years in Germany ; also his 
 Face to Face with Kaiserism.
 
 4oS ACTUAL GOVERNMENT OF NEW YORK 
 
 Representatives) and the Bundesrat of 61 members. Elec- 
 tion to the Reichstag was by secret ballot by universal male 
 suffrage, but Prussia had 236 members by constitutional right 
 and was therefore absolutely in control. Prussia had 17 
 members in the Bundesrat, with a controlling influence over 
 many others, and a casting vote in case of a tie. In other 
 words, Prussia controlled Germany absolutely through its 
 legislative branch, and only such measures as she approved 
 could be enacted into law. 
 
 Germany's Executive. The kaiser, or German emperor, 
 was the executive, and his power to act was practically abso- 
 lute. He was " irresponsible " ; that is, he was not responsible 
 to any earthly power, basing his right to rule upon divine 
 authority. Between him and the people was his appointed im- 
 perial chancellor responsible only to him. The emperor had 
 full authority to declare war, make peace, negotiate treaties, 
 and appoint ambassadors and other public officials represent- 
 ing the imperial government, and was commander in chief 
 of the army and navy. If the legislative body refused to 
 approve of the policy of the emperor as stated through the 
 chancellor and voted a censure against the chancellor, he 
 did not resign and cared little for it, while a vote of censure 
 against the British Cabinet by Parliament would cause all to 
 resign and a new election of the people to be held. 
 
 Germany's Judicial System. There were four grades of 
 courts, the lowest being the district court for the trial of 
 petty, civil, and criminal cases. This court was presided over 
 by a single judge in the trial of civil cases, who had asso- 
 ciated with him two laymen for the trial of criminal cases. 
 Next above the district courts were the territorial courts, 
 divided into civil and criminal chambers, with appellate juris- 
 diction from the lower courts and original jurisdiction over 
 larger civil and graver criminal cases. The next highest
 
 COMPARISON OF NATIONAL GOVERNMENTS 409 
 
 courts were the superior courts, likewise divided into civil and 
 criminal chambers, with appellate jurisdiction only. Stand- 
 ing at the top of the judicial system was the imperial court, 
 which had its seat at Leipzig in Saxony. It was composed of 
 four criminal and six civil senates, with an aggregate mem- 
 bership of over ninety. These judges were appointed by 
 the emperor with the consent of the federal council. Their 
 tenure was for life, and they could not be removed by any 
 authority except that of the court itself as a matter of disci- 
 pline. It had appellate jurisdiction over civil cases brought 
 to it from the superior and consular courts. The criminal 
 jurisdiction of the imperial court extended in first and last 
 instances to all cases of high treason against the emperor 
 or the empire, and to appeal in certain cases from the terri- 
 torial and jury courts. The position of the judiciary was 
 one of absolute independence. The judges could not be 
 removed, transferred, or retired against their will. Local 
 government in Germany may be said to have consisted of 
 such supervisory service as was necessary to insure the strict 
 enforcement of imperial law by state authority. 
 
 French Government. The government of France may 
 be characterized as a centralized parliamentary republic. It 
 has a written constitution outlining in a general way the 
 framework of government. The numerous limitations upon 
 the government in regard to individual liberty, so noticeable 
 in the Constitution of the United States, are wholly lack- 
 ing in the French constitution, which is one of government 
 rather than of liberty. It is short and concise, leaving to the 
 ordinary processes of legislation most matters of detail. 
 
 The French National Legislature. This body consists of 
 two houses, the Chamber of Deputies and the Senate. 
 To the Chamber of Deputies belongs the exclusive power 
 to originate revenue measures ; otherwise the two chambers
 
 410 ACTUAL GOVERNMENT OF NEW YORK 
 
 are substantially equal in matters of legislation. The 
 members of the Chamber of Deputies are chosen by univer- 
 sal male suffrage by districts just as representatives of 
 Congress are chosen. Their term of service is fixed at four 
 years. As to the composition and organization of the Sen- 
 ate, the constitution makes no provision and but scant 
 reference to its powers. France is divided into adminis- 
 trative departments, each department subdivided into dis- 
 tricts containing approximately the same population. The 
 number of districts within an administrative department 
 constitutes an electoral college, and these various electoral 
 colleges choose the members of the Senate. Senators are 
 apportioned among the several departments according to 
 population. The term of office for senators is fixed at nine 
 years. The constitution provides that the terms of one 
 third of the number of senators shall expire every three 
 years. Like members of Congress, they enjoy certain im- 
 munities while in the discharge of their duties as legislators. 
 Measures duly passed by both chambers are sent to the 
 president for his approval, but he has neither an absolute 
 nor a qualified veto. He may, however, demand a recon- 
 sideration of the measure, and, if passed by a majority of both 
 houses, it becomes a law notwithstanding his objections. 
 
 The French Executive. The French chief executive is 
 called a president and is not elected by popular vote but 
 is chosen by majority vote of a body composed of the mem- 
 bers of the two chambers of the legislature. The president's 
 term is fixed at seven years, and he is eligible for reelection. 
 No person who is a member of any family that has reigned 
 in France is eligible. The president's executive powers 
 include the negotiating of treaties, the appointment and 
 reception of ambassadors and ministers, and the power to 
 wage war. In addition to the legislative power above
 
 © Enrique Muller 
 
 Soldiers in Camp, receiving Instruction in the Use of 
 the Rifle (above). The Battleship Pennsylvania (below) 
 
 411
 
 412 ACTUAL GOVERNMENT OF NEW YORK 
 
 referred to, the president may prorogue parliament and in- 
 itiate legislative measures. He has almost unlimited power 
 of appointment and supervision of administrative officers, 
 and also extensive ordinance powers where the legislature 
 has not made proper provision, and directs the work of 
 the army and navy. He may also grant pardons, com- 
 mute penalties, and issue reprieves. In exercising the 
 above powers the president acts through his ministers, who 
 are collectively responsible to the legislature for the general 
 policy of the administration and individually responsible for 
 their own personal acts, thus relieving the president of all 
 responsibility, although they are discharging his orders — a 
 relation similar to that existing between the emperor and 
 chancellor in the German government. The ministers are 
 appointed by the president and serve during his pleasure, 
 in theory ; in practice, however, they are appointed by the 
 leader of the Chamber of Deputies. Like the members of 
 the British cabinet, the ministers are selected from the mem- 
 bers of parliament usually, and in any event are entitled to 
 seats in the chambers, and must be heard whenever they 
 desire to speak. They are the heads of the several ad- 
 ministrative departments of the general government, and 
 are the leaders of the majority in the legislature. 
 
 The French Judicial System. The French judicial 
 system is purely statutory, the only constitutional provi- 
 sion being that which relates to the Senate as an extraordi- 
 nary court for specified cases. Of the system of courts, 
 the highest is the Court of Cassation. Next below this 
 are the courts of appeal, which hear cases from the courts 
 of first instance, while these in turn hear appeals from 
 decisions of the justices of the peace. These smaller 
 courts try civil cases and act as police judges for the trial 
 of petty offenses. There are numerous special courts.
 
 COMPARISON OF NATIONAL GOVERNMENTS 413 
 
 The ordinary civil courts are without juries, the judges 
 alone deciding the question of fact as well as of law. The 
 judges are appointed by the president, and their tenure, 
 except that of justices of the peace, is during good behavior. 
 They can be removed only by the Court of Cassation. In 
 the government of local affairs France differs from the 
 English and American governments in that the organs of 
 local government are not general authorities of enumerated 
 powers, no attempt being made at specification. To pre- 
 vent local administrative units from misusing such wide 
 powers, there has been introduced a method of central ad- 
 ministrative control, which is the distinguishing feature of 
 French government. Through these local officials the cen- 
 tral government administers matters of general concern. 
 
 Canada's Constitution. By act of Parliament the various 
 provinces of British North America were organized into a 
 federal government in 1867. A written constitution was 
 embodied in the act and is still in force. This constitution 
 differs from the constitution of the United States in that 
 all powers not specifically delegated to the provinces are 
 reserved to the central government. The administration 
 of the public debt and property ; the raising of taxes for 
 general use ; providing for the public defense, including the 
 militia ; money, including coinage, paper money, promis- 
 sory notes, legal tender, and banking ; the regulation 
 of commerce, shipping, and navigation ; the coast and 
 postal service, the census, statistics, patents, naturali- 
 zation, copyrights, care of the Indians, marriage and 
 divorce- — all are questions dealt with by the central gov- 
 ernment. Delegated to the provinces are those powers 
 over local taxes, local commerce, the creation of municipal 
 corporations, the borrowing of money on the credit of 
 the province, and various other local questions. The
 
 4 i4 ACTUAL GOVERNMENT OF NEW YORK 
 
 provincial and federal governments also exercise concurrent 
 powers, some of which relate to immigration and agricul- 
 ture. Whenever the provincial laws conflict with those of 
 the federal government, the practice has been to follow along 
 the lines of federal legislation. 
 
 Canada's Legislature. The law-making power of the 
 Canadian government is vested in the king of Great Brit- 
 ain, or his representative, and the Dominion parliament. 
 The Dominion parliament is composed of two houses. The 
 upper house is called the Senate and the lower the House of 
 Commons. The eighty-seven members of the Senate are 
 appointed for life by the governor-general. They must be 
 subjects of the king, thirty years of age, residents of the 
 province which they represent and in which they own 
 property to the value of at least four thousand dollars. The 
 House of Commons consists of 221 members elected for a 
 term of five years on the basis of population. To establish 
 this basis it is provided that the province of Quebec shall 
 always have sixty-five members and the other provinces a 
 number bearing the same relation to the population as the 
 sixty-five does to the population of Quebec. In this manner 
 the number due each province as its population increases 
 is determined, the number which represent Quebec always 
 remaining at sixty-five, regardless of the population. All 
 bills relating to the raising of money must originate in 
 the House of Commons, and these cannot be amended by 
 the Senate. Its power of rejection entire is rarely used. 
 
 Canada's Executive. Canada's executive power is vested 
 in the king of England, or in his representative, the governor- 
 general, and a privy council composed of a premier, fourteen 
 heads of departments, and three cabinet ministers. The 
 ministerial departments are those of State, Justice, Finance, 
 Interior, Customs, Posts, Trade and Commerce, Marine and
 
 COMPARISON OF NATIONAL GOVERNMENTS 415 
 
 Fisheries, Railways and Canals, Militia and Defense, Agri- 
 culture, Public Works, Inland Revenue, and Labor. The 
 governor-general is guided by his ministers, who are respon- 
 sible to the House of Commons. The executive may re- 
 serve a law for the consideration of the home government 
 or may disallow it altogether. In practice, however, the 
 former right is never exercised except when the law in 
 question affects the home government in its relation to 
 other foreign powers, and the latter is resorted to rarely. 
 
 Canada's Judicial System. The judicial branch of the 
 Dominion government consists of a Supreme Court, located 
 at Ottawa, and an Exchequer Court. The Supreme Court 
 has appellate jurisdiction in both civil and criminal cases, 
 and the Exchequer Court has admiralty powers. There 
 are no strictly federal inferior courts. The federal govern- 
 ment, however, makes use of the provincial courts, which, on 
 the other hand, are not exclusively provincial courts. In 
 each province there is a superior court, also county courts, 
 police magistrates, and justices of the peace, with duties 
 much like those in similar courts in the United States. 
 The judges of these superior and county courts are ap- 
 pointed by the governor-general in council. The federal 
 government likewise controls the penitentiaries. 
 
 Switzerland: its Legislature. The republic of Switzer- 
 land is a confederation composed of cantons, or states, 
 and has a written constitution. Its legislature consists of a 
 federal assembly of two houses, the National Council and 
 the Council of the States. The two houses hold separate 
 sessions in the legislative matters and joint sessions in the 
 exercise of certain electoral and judicial functions. In 
 matters of legislation both houses have equal authority. The 
 council of the states is composed of forty-four members, two 
 from each canton, except in three cantons which are divided,
 
 416 ACTUAL GOVERNMENT OF NEW YORK 
 
 each half canton choosing one member. They are chosen 
 according to the ideas prevailing in each canton, specifica- 
 tions as to qualifications, compensation, mode of election, 
 etc. being made in the constitution. The result is that the 
 greatest variety of provisions prevails in the different can- 
 tons. The terms vary from one to four years. The 
 National Council, or popular chamber, of the legislature con- 
 sists of members chosen by direct universal suffrage for a 
 term of three years on the basis of population. Both houses 
 choose their own officers. Their joint duties extend to the 
 granting of pardons and to the election of the federal 
 council, the Supreme Court, the chancellor, and the com- 
 mander of the army. The ordinary legislative power of 
 the federal council is very wide and extends to many 
 subjects which in the United States are left to the regula- 
 tion of the separate states. 
 
 Switzerland: its Executive. The executive power is 
 vested by the constitution in a federal council of seven 
 members, elected for a term of three years by joint ballot 
 of both houses of the federal legislature. It is the custom 
 to choose the members of this council from the member- 
 ship of the legislature, and to reelect them for a long period 
 of time. The work of administration is divided into seven 
 departments, and one member of the council is put in 
 charge of each department, but the act of any councilor 
 in his department is considered to be the act of the whole 
 council. The council is organized under a president and a 
 vice president, who are members of the council chosen by 
 the legislature for one year. This council sustains a rela- 
 tion to the legislature similar to that of the cabinet in the 
 parliamentary system of government. As members of the 
 legislature, councilors take an active part in its deliberation, 
 introduce bills, enter into the debates, and in various ways
 
 COMPARISON OF NATIONAL GOVERNMENTS 417 
 
 exercise a great influence upon the legislative work. Their 
 administrative duties extend to controversies usually set- 
 tled by special administrative courts. They have large 
 supervisory power over local government in the various 
 cantons, especially in the administration of federal law. 
 In addition to these functions the council has extensive 
 powers usually exercised by a nation's executive. 
 
 Switzerland: its Judicial Department. The judicial 
 power of Switzerland is vested in a Supreme Court consisting 
 of fourteen judges, elected for a term of six years by the 
 federal assembly, which also designates a president and a 
 vice president of the court for two years. The court is 
 divided into three sections, each of which holds a session in 
 one of the five judicial districts into which Switzerland is 
 divided. The jurisdiction of the federal court extends to 
 conflicts of authority between the confederation and the 
 cantons, to disputes between cantons, and to complaints of 
 the violation of individual rights. It also has jurisdiction 
 over civil matters concerning suits between the confedera- 
 tion and the Cantons or between the cantons themselves, or 
 suits against the confederation or between the cantons and 
 private individuals or corporations. Cases may be appealed 
 from the cantonal courts to the Supreme Court where the 
 amount exceeds 3000 francs (about $600). Its criminal 
 jurisdiction extends to cases of treason, violations against 
 federal authorities, and offenses against the law of nations, 
 political disorder, etc. The local government is largely in 
 the hands of the canton, districts, and communes. Each 
 canton has its own constitution, which generally provides 
 for a legislative body of one chamber elected by popular 
 suffrage for a term of three or four years. It enacts laws, 
 votes taxes, and otherwise supervises the administration 
 of local affairs.
 
 418 ACTUAL GOVERNMENT OF NEW YORK 
 
 The Unitary State. States maybe classified as (i) single, 
 or unitary, states, (2) confederations, and (3) federations, 
 or federal states. The single, or unitary, state is the simplest 
 form. In it the national government exists quite inde- 
 pendently of any minor communities or governments that 
 may exist within it ; while they, on the other hand, owe 
 to it not only such powers as they possess, but usually their 
 very existence. They are mere subdivisions of the national 
 government. Moreover, in this unitary form of state the 
 general government operates directly not only upon such 
 minor communities but upon the individual citizens. In 
 short, there is in the unitary state no suggestion of a division 
 of sovereignty between two governments — one the national 
 government, the other a subordinate government such as 
 our state governments. France and Great Britain are 
 examples of unitary states. 
 
 The Confederation. As to the confederation, it is some- 
 times questioned whether it can properly be called a 
 state at all, since it very rarely if ever possesses the dis- 
 tinguishing characteristic of the state, that is, complete 
 sovereignty. It is a union of states for certain definite 
 purposes, particularly the purpose of defense, generally 
 not very permanent in its character, in which the separate 
 states retain their independence, delegating only certain 
 portions of their authority to the union, which acts merely 
 as their agent. Its members are not, as in the unitary state, 
 separate individuals, nor does it deal directly with the indi- 
 vidual. It has, as Mr. Bryce says, " no right of taxing 
 him, or judging him, or making laws for him " ; that power 
 belongs only to the states. At the same time, in its rela- 
 tions with other states the confederation, so long as it exists, 
 presents much the same character as the completely sover- 
 eign state and must be dealt with by such states in
 
 COMPARISON OF NATIONAL GOVERNMENTS 419 
 
 practically the same way. Perhaps the most famous con- 
 federation of ancient times was the Delian Confederacy in 
 Greece. In modern times there have been several confed- 
 erations of German states, resulting finally in the formation 
 of the German Empire, which is a federation ; while a still 
 more familiar instance is our own government as it existed 
 under the Articles of Confederation. 
 
 The Federal State. The federal state is a modern political 
 development. In a way it may be said to stand between 
 the unitary state and the confederation ; or perhaps it would 
 be more accurate to say that it combines the characteristics 
 of both. Like the confederation, it is a union of states ; 
 but unlike it, it is itself as unquestionably a state as is the 
 most powerful of unitary states. Like the unitary state, 
 it has a direct claim to the obedience of the individual 
 citizen ; but unlike it, the subordinate communities are 
 not mere subdivisions with powers delegated to them by 
 the general government. In some spheres of state action 
 these subdivisions are completely independent states ; in 
 others, namely, in matters pertaining to the common in- 
 terest, the union alone is supreme. Neither the national gov- 
 ernment nor the state government has complete authority. 
 To give a more formal definition, a federation is a state made 
 up by the union of other states that have permanently 
 surrendered their right to act independently in matters 
 pertaining to the common interest, while they have in 
 other respects retained their complete independence. 
 Switzerland, the German Empire, and the United States 
 are examples of the federal state. 
 
 Further Classifications. Whether a state be unitary, con- 
 federate, or federal, it assumes in modern times one of 
 two forms : it is either monarchical or democratic. Mon- 
 archies are subject to two further classifications: (1) they
 
 420 ACTUAL GOVERNMENT OF NEW YORK 
 
 are either absolute (where the power of the monarch is left 
 uncontrolled) or limited (where the power of the monarch 
 is controlled by law) ; (2) they are hereditary or elective, 
 according as the office is transmitted to the monarch in 
 the line of descent or as he is chosen by the votes of 
 his subjects or of a part of them. Democracies likewise 
 assume two forms : they are (1) pure democracies (in which 
 all the members of the community share directly in the 
 government) or (2) representative democracies, or republics 
 (in which the government is carried on by a comparatively 
 small number of persons, who have been chosen by the 
 whole body of citizens to act for them). Of the above clas- 
 sifications, that into hereditary and elective monarchies is 
 probably sufficiently clear. The others require some further 
 consideration. 
 
 Absolute Monarchy. Among the great civilized nations 
 of to-day the absolute monarchy is rare indeed. Turkey is 
 the only country in Europe that can be so classed, and even 
 Turkey possesses a nominal constitution, though in actual 
 practice no other law than the will of the sultan is enforced. 
 Where the absolute monarchy does exist, however, it differs 
 very materially from the absolute monarchy of antiquity. 
 The latter was governed not by what we now call law but 
 by custom — rules of action that had been handed down 
 from time immemorial and that bound the monarch as 
 firmly as they did his humblest subject. The reign of this 
 customary law the monarch could not disturb. He could 
 only issue commands covering specific cases and affecting 
 particular individuals. Not so with the absolute monarch 
 of to-day. He may legislate on as large a scale as seems 
 to him good — not issue edicts only, covering particular 
 cases, but make general rules of law universally applicable. 
 He may do that to-day, and to-morrow he may sweep it
 
 COMPARISON OF NATIONAL GOVERNMENTS 421 
 
 all away with a word, for his word is the only law. In 
 short, the absolute monarch of to-day can wield a power 
 that the reign of custom made quite impossible to the 
 ancient monarch. In spite of this, however, the ancient 
 monarchy as contrasted with the modern limited monarchy 
 was essentially absolute. 
 
 Limited Monarchy. The modern limited monarchy, 
 called also the constitutional monarchy, is one in which 
 the monarch is limited in the exercise of his power by 
 the constitution of the kingdom. The extent of the limi- 
 tations imposed varies greatly in different countries, and the 
 resulting governments shade off from monarchies strongly 
 tinged with absolutism to monarchies more democratic in 
 some respects than the United States. All the advanced 
 governments of the world, no matter what their form, 
 have become during the last hundred years so deeply pene- 
 trated by the democratic idea that to-day we are quite justi- 
 fied in saying that monarchies exist only by democratic 
 consent. 
 
 Pure Democracy. There remains to be considered that 
 form of government toward which all modern governments 
 seem to tend, in principle at least if not in form. The 
 pure democracy may be passed over lightly. Assemblies 
 in which all the people appear in order to take part in 
 the discussion and to vote become obviously impossible 
 as soon as the body politic attains any considerable size. 
 The pure democracy as a form of general government, 
 that is, as a form of government for the whole people, 
 no longer exists among civilized nations. As a form of 
 local government it still exists in this country in the school 
 meeting and town meeting. 
 
 Representative Democracy. The democracy of the mod- 
 ern world has assumed another form ; it has become
 
 422 ACTUAL GOVERNMENT OF NEW YORK 
 
 the representative democracy of the republic. This scheme, 
 by which the political powers of a whole class or body of 
 individuals are delegated to a single individual who acts 
 as their agent, had been in use among the ancestors of the 
 English people even before they left their homes in North 
 Germany and Denmark ; and their descendants have never 
 relinquished their hold upon it. What our American 
 forefathers did was to apply this principle not to a class 
 but to a whole people — in other words, to democratize it. 
 That, however, was a long step in advance. It meant that 
 they had founded the first great nation in the world whose 
 government seemed to offer a solution for the old problem of 
 how to maintain democratic institutions in a country 
 without placing impossible and undesirable restrictions 
 upon its growth. Whether the problem has even yet been 
 completely solved remains to be seen. 
 
 What is the Best Form of Government? The question 
 is not infrequently asked, " What is the best form of 
 government ? " It is not a question that can be answered 
 dogmatically. There is no absolutely " best " form of 
 government — best under all conditions. To conclude that 
 republicanism, because it has been successful in the United 
 States, would be an equally desirable form of government 
 for the inhabitants of Borneo, let us say, or for China, 
 or for Russia, would be simply absurd. Perhaps the most 
 we can say is that the best form of government is that 
 through which, under given conditions, the state can best 
 accomplish its end, whether that form be monarchical 
 or democratic. It is nevertheless true that there are 
 certain advantages and certain disadvantages naturally 
 inherent in each of these forms. The monarchy is naturally 
 a strong centralized government, that is, a government in 
 which great power rests in the hands of a single person,
 
 COMPARISON OF NATIONAL GOVERNMENTS 423 
 
 and can therefore bring things to pass with vigor and 
 dispatch; the republic, on the contrary, tends naturally 
 toward decentralization, that is, division of political power 
 among all the members of the body politic, and is not so 
 strong on its administrative side, although it tends to 
 develop a stronger individualism. 
 
 QUESTIONS ON THE TEXT 
 
 1. In what way is the individual citizen affected by the 
 relation of one nation to another, that is, by international law ? 
 
 2. How does the constitution of the United States differ from 
 that of England? France? Germany? 
 
 3. Give one main difference between a federal state and a 
 confederation. Illustrate by naming a country which repre- 
 sents your definition. 
 
 4. Compare the powers of the president of the United States 
 with those of the king of England ; of the German emperor. 
 
 5. How does the executive body of Switzerland differ from 
 that of the English cabinet ? 
 
 6. Show how the imperial chancellor of Germany permits the 
 people in reality to criticize the emperor. What body performs 
 the same duty in the French republic ? in the English system ? 
 
 7. Name the branch of the national legislature correspond- 
 ing to our House of Representatives in England ; Germany ; 
 France. 
 
 8. Define " unitary state." Compare absolute and limited 
 monarchies; pure and representative democracies. Illustrate. 
 
 9. What conditions enter into a "best form of government"?
 
 APPENDIX 
 
 THE CONSTITUTION OF THE STATE OF 
 NEW YORK 
 
 ADOPTED NOVEMBER 6, 1894, AND AS AMENDED AND IN 
 FORCE JANUARY 1, 1919 
 
 THE CONSTITUTION 
 
 We, the People of the State of New York, grateful to Almighty 
 God for our Freedom, in order to secure its blessings, do establish 
 this Constitution. 
 
 ARTICLE I 
 
 Persons not to be Disfranchised. Sect. i. No member of this 
 State shall be disfranchised, or deprived of any of the rights or privi- 
 leges secured to any citizen thereof, unless by the law of the land, or 
 the judgment of his peers. 
 
 Trial by Jury. Sect. 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. 
 
 Freedom of Worship ; Religious Liberty. Sect. 3. The free exer- 
 cise and enjoyment of religious profession and worship, without 
 discrimination or preference, shall forever be allowed in this State 
 to all mankind ; and no person shall be rendered incompetent to be 
 a witness on account of his opinions on matters of religious belief; 
 but the liberty of conscience hereby secured shall not be so con- 
 strued as to excuse acts of licentiousness, or justify practices incon- 
 sistent with the peace or safety of this State. 
 
 Habeas Corpus. Sect. 4. The privilege of the writ of habeas 
 corpus shall not be suspended, unless when, in cases of rebellion or 
 invasion, the public safety may require its suspension.
 
 ii ACTUAL GOVERNMENT OF NEW YORK 
 
 Excessive Bail and Fines. Sect. 5. Excessive bail shall not be 
 required nor excessive fines imposed, nor shall cruel and unusual 
 punishments be inflicted, nor shall witnesses be unreasonably de- 
 tained. 
 
 Grand Jury — Bill of Rights. Sect. 6. No person shall be held 
 to answer for a 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 consent of Congress in time of peace, and in cases of petit 
 larceny, under the regulation of the Legislature), unless on present- 
 ment or indictment 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. 
 
 Compensation for taking Private Property ; Private Roads ; Drain- 
 age of Agricultural Lands. Sect. 7. 1 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 ascer- 
 tained by a jury or 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 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 open- 
 ing thereof shall be first determined by a jury of free-holders and 
 such amount, together with the expenses of the proceeding, shall be 
 paid by the person to be benefited. General laws may be passed per- 
 mitting 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 ; 
 
 1 As amended November, 1913.
 
 CONSTITUTION OF NEW YORK iii 
 
 provided, however, that the additional land and property so author- 
 ized 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 been appropriated for 
 such park, public place, highway or street as is needed therefor, the 
 remainder may be sold or leased. 
 
 Freedom of Speech and Press ; Criminal Prosecutions for Libel. 
 Sect. 8. Every citizen may freely speak, write and publish his 
 sentiments on all subjects, being responsible for the abuse of that 
 right ; and no law shall be passed to restrain or abridge the liberty 
 of speech or of the press. In all criminal prosecutions or indictments 
 for libels, the truth may be given in evidence to the jury ; and if it 
 shall appear to the jury that the matter charged as libelous is true, 
 and was published with good motives and for justifiable ends, the 
 party shall be acquitted ; and the jury shall have the right to deter- 
 mine the law and the fact. 
 
 Right to Assemble and Petition ; Divorce ; Lotteries, Pool-selling 
 and Gambling, Laws to Prevent. Sect. 9. No law shall be passed 
 abridging the right of the people peaceably to assemble and to peti- 
 tion 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 appro- 
 priate laws to prevent offenses against any of the provisions of this 
 section. 
 
 Escheats. Sect. 10. The people of this State, in their right of 
 sovereignty, are deemed to possess the original and ultimate prop- 
 erty in and to all lands within the jurisdiction of the State ; and all 
 lands the title to which shall fail, from a defect of heirs, shall revert, 
 or escheat to the people. 
 
 Feudal Tenures Abolished. Sect. n. All feudal tenures of every 
 description, with all their incidents, are declared to be abolished, 
 saving however, all rents and services certain which at any time 
 heretofore have been lawfully created or reserved. 
 
 Allodial Tenures. Sect. 12. All lands within this State are 
 declared to be allodial, so that, subject only to the liability to escheat, 
 the entire and absolute property is vested in the owners, according 
 to the nature of their respective estates.
 
 iv ACTUAL GOVERNMENT OF NEW YORK 
 
 Leases of Agricultural Lands. Sect. 13. No lease or grant of 
 agricultural land for a longer period than twelve years, hereafter 
 made, in which shall be reserved any rent or service of any kind, 
 shall be valid. 
 
 Fines and Quarter-Sales Abolished. Sect. 14. All fines, quarter- 
 sales, or other like restraints upon alienation, reserved in any grant 
 of land hereafter to be made shall be void. 
 
 Purchase of Lands of Indians. Sect. 15. No purchase or contract 
 for the sale of lands in this State, made since the fourteenth day of 
 October, one thousand seven hundred and seventy-five ; or which may 
 hereafter be made of, or with the Indians, shall be valid unless made 
 under the authority, and with the consent of the Legislature. 
 
 Common Law and Acts of the Colonial and State Legislatures. 
 Sect. 16. Such parts of the common law, and of the acts of the Legis- 
 lature of the colony of New York, as together did form the 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 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 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. 
 
 Grants of Land Made by the King of Great Britain since 1775; 
 Prior Grants. Sect. 17. All grants of land within this State, made 
 by the king of Great Britain, or persons acting under his authority, 
 after the fourteenth day of October, one thousand seven hundred and 
 seventy-five, shall be null and void ; but nothing contained in this 
 Constitution shall affect any grants of land within this State, made 
 by the authority of the said king or his predecessors, or shall annul 
 any charters to bodies politic and corporate, by him or them made 
 before that day; or shall affect any such grants or charters since 
 made by this State, or by persons acting under its authority ; or shall 
 impair the obligation of any debts, contracted by the State or indi- 
 viduals, or bodies corporate, or any other rights of property, or any 
 suits, actions, rights of action, or other proceedings in courts of 
 justice.
 
 CONSTITUTION OF NEW YORK v 
 
 Damages for Injuries causing Death. Sect. 18. The right of 
 action now existing to recover damages for injuries resulting in death, 
 shall never be abrogated ; and the amount recoverable shall not be 
 subject to any statutory limitation. 
 
 Workmen's Compensation. Sect. 19. 1 Nothing contained in this 
 constitution shall be construed to limit the power of the Legislature 
 to enact laws for the protection of the lives, health, or safety of em- 
 ployees ; or for the payment, either by employers, or by employers 
 and employees or otherwise, either directly or through a state or other 
 system of insurance or otherwise, or 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 determinable sum ; provided that all moneys 
 paid by an employer to his employees or their legal representatives, by 
 reason of the enactment of any of the laws herein authorized, shall 
 be held to be a proper charge of operating the business of the employer. 
 
 ARTICLE II 
 
 Qualifications of Voters. Sect, i. 2 Every 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 submitted to the vote 
 of the people, provided, however, that a citizen by marriage shall have 
 been an inhabitant of the United States for five years; and provided 
 
 1 As amended November, 1913. 2 As amended November, 191 7.
 
 Vi ACTUAL GOVERNMENT OF NEW YORK 
 
 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. 
 
 Persons Excluded from the Right of Suffrage. Sect. 2. No 
 person who shall receive, accept, or offer to receive, or pay, offer or 
 promise to pay, contribute, offer or promise to contribute to another, 
 to be paid or used, any money or other valuable thing as a compensa- 
 tion or reward for the giving or withholding a vote at an election, 
 or who shall make any promise to influence the giving or withhold- 
 ing any such vote, or who shall make or become directly or indirectly 
 interested in any bet or wager depending upon the result of any elec- 
 tion, shall vote at such election ; and upon challenge for such cause, 
 the person so challenged, before the officers authorized for that pur- 
 pose shall receive his vote, shall swear or affirm before such officers 
 that he has not received or offered, does not expect to receive, has 
 not paid, offered or promised to pay, contributed, offered or promised 
 to contribute to another, to be paid or used any money or other 
 valuable thing as a compensation or reward for the giving or with- 
 holding a vote at such election, and has not made any promise to 
 influence the giving or withholding of any such vote, nor made or 
 become directly or indirectly interested in any bet or wager depend- 
 ing upon the result of such election. The Legislature shall enact 
 laws excluding from the right of suffrage all persons convicted of 
 bribery or of any infamous crime. 
 
 Certain Occupations and Conditions not to affect Residence. 
 Sect. 3. For the purpose of voting, no person shall be deemed to 
 have gained or lost a residence by reason of his presence or absence, 
 while employed in the service of the United States ; nor while en- 
 gaged 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 expense or by 
 charity ; nor while confined in any public prison. 
 
 Registration and Election Laws to be Passed. Sect. 4. Laws 
 shall be made for ascertaining, by proper proofs, the citizens who shall
 
 CONSTITUTION OF NEW YORK vii 
 
 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. 
 
 Manner of Voting. Sect. 5. All elections by the citizens, except 
 for such town officers as may by law be directed to be otherwise 
 chosen, shall be by ballot, or by such other method as may be pre- 
 scribed by law, provided that secrecy in voting be preserved. 
 
 Registration and Election Boards to be Bi-partisan, except at 
 Town and Village Elections. Sect. 6. All laws creating, regulating 
 or affecting boards of officers charged with the duty of registering 
 voters, or of distributing ballots at the polls to voters, or of receiving, 
 recording or counting votes at elections, shall secure equal repre- 
 sentation of the two political parties which, at the general election 
 next preceding that for which such boards or officers are to serve, 
 cast the highest and the next highest number of votes. All such 
 boards and officers shall be appointed or elected in such manner, 
 and upon the nomination of such representatives of said parties 
 respectively, as the Legislature may direct. Existing laws on this 
 subject shall continue until the Legislature shall otherwise provide. 
 This section shall not apply to town meetings, or to village elections. 
 
 ARTICLE III 
 
 Legislative Powers. Sect. i. The legislative power of this State 
 shall be vested in the Senate and Assembly. 
 
 Number and Terms of Senators and Assemblymen. Sect. 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 shall be 
 chosen for one year.
 
 viii ACTUAL GOVERNMENT OF NEW YORK 
 
 Senate Districts. Sect. 3. 1 The state shall be divided into fifty 
 districts to be called senate districts, each of which shall choose one 
 senator. The districts shall be numbered from one to fifty, inclu- 
 sive. (Here follows an enumeration of the districts.) 
 
 Enumerations and Reapportionments. Sect. 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, con- 
 sist 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. 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. Coun- 
 ties, 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 sepa- 
 rated 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 appor- 
 tionment shall be entitled on such ratio to an additional senator 
 or senators, such additional senator or senators shall be given to 
 
 *For present apportionment of Senate districts, see chapter 727, Laws 
 of 1907.
 
 CONSTITUTION OF NEW YORK ix 
 
 such county in addition to the fifty senators, and the whole number 
 of senators shall be increased to that extent. 
 
 Apportionment of Assemblymen ; Creation of Assembly Districts. 
 Sect. 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 inhabit- 
 ants 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 appor- 
 tioned 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 in the order thereof respectively. 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 : * (Here follows 
 an enumeration of the counties with the number of assemblymen 
 apportioned to each.) 
 
 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, 
 
 1 For present apportionment of members of Assembly, see chapter 727, 
 Laws of 1907.
 
 x ACTUAL GOVERNMENT OF NEW YORK 
 
 the body exercising the powers of a common council, shall assemble 
 on the second Tuesday of- June, one thousand eight hundred and 
 ninety-five, and at such times as the Legislature making an appor- 
 tionment 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 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 districts, specifying 
 the number of each district and of the inhabitants thereof, excluding 
 aliens, according to the last preceding enumeration ; and such appor- 
 tionment and districts shall remain unaltered until another enumer- 
 ation 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 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 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 as- 
 sembly districts, nor shall any districts contain 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 assem- 
 bly 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 hundred and ninety-two, so far as may be, instead 
 of blocks. Nothing in this section shall prevent the division, at
 
 CONSTITUTION OF NEW YORK xi 
 
 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. 
 
 Compensation of Members. Sect. 6. Each member of the Legis- 
 lature shall receive for his services 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 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. 
 
 Civil Appointments of Members Void. Sect. 7. No member of 
 the Legislature shall receive any civil appointment within this State, 
 or the Senate of the United States, from the Governor, the Governor 
 and Senate, or from the Legislature, or from any city government, 
 during the time for which he shall have been elected ; and all such 
 appointments and all votes given for any such member for any such 
 office or appointment shall be void. 
 
 Persons Disqualified from being Members. Sect. 8. No per- 
 son shall be eligible to the Legislature, who at the time of his elec- 
 tion, is, or within one hundred days previous thereto has been, a 
 member of Congress, a civil or military officer under the United 
 States, or any officer under any city government. And if any per- 
 son shall, after his election as a member of the Legislature, be elected 
 to Congress, or appointed to any office, civil or military, under the 
 government of the United States, or under any city government, 
 his acceptance thereof shall vacate his seat. 
 
 Time of Elections. Sect. 9. The elections of senators and mem- 
 bers of assembly, pursuant to the provisions of this Constitution, 
 shall be held on the Tuesday succeeding the first Monday of Novem- 
 ber, unless otherwise directed by the Legislature.
 
 xii ACTUAL GOVERNMENT OF NEW YORK 
 
 Powers of Each House. Sect. io. A majority of each house 
 shall constitute a quorum to do business. Each house shall deter- 
 mine the rules of its own proceedings, and be the judge of the elec- 
 tions, returns and qualifications 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. 
 
 Journals; Open Sessions ; Adjournments. Sect. n. Each house 
 shall keep a journal of its proceedings, and publish the same, except 
 such parts as may require secrecy. The doors of each house shall 
 be kept open, except when the public welfare shall require secrecy. 
 Neither house shall, without the consent of the other, adjourn for 
 more than two days. 
 
 Members not to be Questioned for Speeches. Sect. 12. For any 
 speech or debate in either house of the Legislature, the members 
 shall not be questioned in any other place. 
 
 Bill may originate in Either House. Sect. 13. Any bill may origi- 
 nate in either house of the Legislature, and all bills passed by 
 one house may be amended by the other. 
 
 Enacting Clause of Bills. Sect. 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. 
 
 Manner of Passing Bills. Sect. 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 the major- 
 ity of the members elected to each branch of the Legislature ; and 
 upon the last reading of a bill, no amendment thereof shall be al- 
 lowed, and the question upon its final passage shall be taken imme- 
 diately thereafter, and the yeas and nays entered on the journal. 
 
 Private and Local Bills not to Embrace more than One Subject. 
 Sect. 16. No private or local bill, which may be passed by the 
 Legislature, shall embrace more than one subject, and that shall be 
 expressed in the title.
 
 CONSTITUTION OF NEW YORK xiii 
 
 Existing Law made Applicable to be Inserted. Sect- 17 • No act 
 shall be passed which shall provide that any existing law, or any part 
 thereof, shall be made or deemed a part of said act, or which shall 
 enact that any existing law, or part thereof, shall be applicable except 
 by inserting it in such act. 
 
 Cases in which Private and Local Bills shall not be passed ; Restric- 
 tions as to Laws authorizing Street Railroads. Sect. 18. x The Legis- 
 lature 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 allowances 
 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. 
 
 Granting to any person, association, firm or corporation, an exemp- 
 tion 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 boundaries 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 judg- 
 ment, may be provided for by general laws. But no law shall author- 
 ize the construction or operation of a street railroad except upon 
 the condition that the consent of the owners of one-half in value of 
 
 1 As amended November, 1901.
 
 xiv ACTUAL GOVERNMENT OF NEW YORK 
 
 the property bounded on, and the consent also of the local authori- 
 ties 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 de- 
 partment in which it is proposed to be constructed, may, upon appli- 
 cation, appoint three commissioners who shall determine, after a 
 hearing of all parties interested, whether such railroad ought to be 
 constructed or operated, and their determination, confirmed by the 
 court, may be taken in lieu of the consent of the property owners. 
 
 Private Claims not to be Audited by Legislature. Sect. 19. TJie 
 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 according to law. 
 
 Two-Thirds Bills. Sect. 20. The assent of two-thirds of the 
 members elected to each branch of the legislature shall be requisite 
 to every bill appropriating the public moneys or property for local 
 or private purposes. 
 
 Appropriation Bills. Sect. 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 management, except in pursuance of an appropriation by 
 law ; nor unless such payment be made within two years next after 
 the passage 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. 
 
 Restrictions as to Provisions in the Appropriation or Supply Bills. 
 Sect. 22. No provision or enactment shall be embraced in the annual 
 appropriation or supply bill, unless it relates specifically to some par- 
 ticular appropriation in the bill ; and any such provision or enact- 
 ment shall be limited in its operation to such appropriation. 
 
 Certain Sections not to apply to Commission Bills. Sect. 23. Sec- 
 tions 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. 
 
 Tax Bills to State Tax Distinctly. Sect. 24. Every law which 
 imposes, continues or revives a tax shall distinctly state the tax and
 
 CONSTITUTION OF NEW YORK xv 
 
 the object to which it is to be applied, and it shall not be sufficient 
 to refer to any other law to fix such tax or object. 
 
 When Ayes and Nays Necessary ; Three-Fifths to constitute 
 Quorum. Sect. 25. On the final passage, in either house of the 
 Legislature, of any act which imposes, continues or revives a tax, or 
 creates a debt or charge, or makes, continues or revives any appropria- 
 tion of public or trust money or property, or releases, discharges or 
 commutes any claim or demand of the State, the question shall 
 be taken by yeas and nays, which shall be duly entered upon the 
 journals, and three-fifths of all the members elected to either house 
 shall, in all such cases, be necessary to constitute a quorum therein. 
 
 Boards of Supervisors. Sect. 26. 1 There shall be in each county, 
 except in a county wholly included in a city, a board of super- 
 visors, to be composed of such members and elected in such manner 
 and for such period as is or may be provided by law. In a city 
 which includes an entire county, or two or more entire counties, the 
 powers and duties of a board of supervisors may be devolved upon 
 the municipal assembly, common council, board of aldermen or other 
 legislative body of the city. 
 
 Local Legislative Powers. Sect. 2y. 2 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 ad- 
 ministration as the Legislature may, from time to time, deem expe- 
 dient, and in counties 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 Legis- 
 lature may, from time to time, deem expedient. 
 
 Extra Compensation Prohibited. Sect. 28. The Legislature shall 
 not, nor shall the common council of any city, nor any board of super- 
 visors, grant any extra compensation to any public officer, servant, 
 agent or contractor. 
 
 Prison Labor ; Contract System Abolished. Sect. 29. The Legis- 
 lature 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 on and after the first day of 
 January, in the year one thousand eight hundred and ninety-seven, 
 
 1 As amended November, 1899. 
 
 2 As amended November, 1909.
 
 xvi ACTUAL GOVERNMENT OF NEW YORK 
 
 no person in any such prison, penitentiary, jail or reformatory, 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, 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 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 public institution owned or managed and controlled 
 by the State, or any political division thereof. 
 
 ARTICLE IV 
 
 Executive Power. Sect. i. 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 hun- 
 dred and ninety-six, and their successors shall be chosen at the general 
 election in that year. 
 
 Qualifications of Governor and Lieutenant-Governor. Sect. 2. 
 No person shall be eligible to the office of Governor or Lieutenant- 
 Governor, except a citizen of the United States, of the age of not less 
 than thirty years, and who shall have been five years next preceding 
 his election a resident of this State. 
 
 Election of Governor and Lieutenant-Governor. Sect. 3. The 
 Governor and Lieutenant-Governor shall be elected at the times 
 and places of choosing members of the Assembly. The persons re- 
 spectively 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 Lieutenant-Governor. 
 
 Duties and Powers of Governor ; Compensation. Sect. 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,
 
 CONSTITUTION OF NEW YORK xvii 
 
 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 mes- 
 sage 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. 
 
 Reprieves, Commutations, and Pardons to be granted by Governor. 
 Sect. 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 sentence, until the case shall 
 be reported to the Legislature at its next meeting, when the Legis- 
 lature shall either pardon, or commute the sentence, direct the exe- 
 cution of the sentence, or grant a further reprieve. He shall annually 
 communicate 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. 
 
 When Lieutenant-Governor to act as Governor. Sect. 6. In 
 case of the impeachment of the Governor, or his removal from office, 
 death, inability to discharge the powers and duties of the said office, 
 resignation, or absence from the State, the powers and duties of the 
 office shall devolve upon the Lieutenant-Governor for the residue of 
 the term, or until the disability shall cease. But when the Gover- 
 nor shall, with the consent of the Legislature, be out of the State, 
 in time of war, at the head of a military force thereof, he shall con- 
 tinue Commander-in-Chief of all the military force of the State. 
 
 Qualifications and Duties of Lieutenant-Governor ; Succession to 
 the Governorship. Sect. 7. The Lieutenant-Governor shall pos- 
 sess the same qualifications of eligibility for office as the Governor. 
 He shall be president of the Senate, but shall have only a casting vote
 
 xviii ACTUAL GOVERNMENT OF NEW YORK 
 
 therein. If during a vacancy of the office of Governor, the Lieu- 
 tenant-Governor shall be impeached, displaced, resign, die, or become 
 incapable of performing the duties of his office, or be absent from the 
 State, the President of the Senate shall act as Governor until the 
 vacancy be filled or the disability shall cease ; and if the President 
 of the Senate for any of the above causes shall become incapable of 
 performing the duties pertaining to the office of Governor, the Speaker 
 of the Assembly shall act as Governor until the vacancy be filled or 
 the disability shall cease. 
 
 Salary of Lieutenant-Governor. Sect. 8. The Lieutenant-Gov- 
 ernor shall receive for his services an annual salary of five thousand 
 dollars, and shall not receive or be entitled to any other compensa- 
 tion, fee or perquisite, for any duty or service he may be required to 
 perform by the Constitution or by law. 
 
 Bills to be presented to Governor ; Approval ; Passage of Bill by 
 Legislature if not Approved. Sect. 9. Every bill which shall have 
 passed the Senate and Assembly shall, before it becomes a law, be 
 presented to the Governor ; 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 proceed to reconsider it. If after such reconsidera- 
 tion, 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. 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 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
 
 CONSTITUTION OF NEW YORK xix 
 
 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 Legis- 
 lature 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 con- 
 tained in a bill appropriating money. 
 
 ARTICLE V 
 
 State Officers. Sect. i. 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 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 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 ; 
 nor shall he receive to his use any fees or perquisites 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. 
 
 First Election of State Officers. Sect. 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 there- 
 after, their successors shall be chosen for the term of two years. 
 
 Superintendent of Public Works ; Appointment ; Powers and Duties 
 of. Sect. 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.
 
 xx ACTUAL GOVERNMENT OF NEW YORK 
 
 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 relating to the construction and improve- 
 ment 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 Surveyor ; 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 re- 
 moval 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, and who shall re- 
 ceive for their services a compensation to be fixed by law. They 
 shall hold their office for three years, subject to suspension or re- 
 moval 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 re- 
 mainder of the term for which he was appointed, by the Superin- 
 tendent of Public Works ; but in case of the suspension or removal 
 of any such assistant superintendent 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 Super- 
 intendent 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.
 
 CONSTITUTION OF NEW YORK xxi 
 
 Superintendent of State Prisons, Appointment ; Powers and Duties 
 of. Sect. 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 super- 
 intendence, 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 shall appoint all other officers of such prison, 
 except the clerk, subject to the approval of the same by the Superin- 
 tendent. The Comptroller shall appoint the clerks of the prisons. The 
 Superintendent shall have all the powers and perform all the duties 
 not inconsistent herewith, which were formerly had and performed 
 by the Inspectors of State Prisons. The Governor may remove the 
 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. 
 
 Commissioners of the Land Office ; of the Canal Fund ; Canal 
 Board. Sect. 5. The Lieutenant-Governor, Speaker of the Assem- 
 bly, Secretary of State, Comptroller, Treasurer, Attorney-General 
 and State Engineer and Surveyor shall be the commissioners of the 
 land office. The Lieutenant-Governor, Secretary of State, Comp- 
 troller, Treasurer and Attorney-General shall be the commissioners 
 of the canal fund. The canal board shall consist of the com- 
 missioners of the canal fund, the State Engineer and Surveyor and 
 the Superintendent of Public Works. 
 
 Powers and Duties of Boards. Sect. 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. 
 
 State Treasurer ; Suspension by Governor. Sect. 7. The Treas- 
 urer may be suspended from office by the Governor, 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 competent person to discharge the duties of 
 the office during such suspension of the Treasurer. 
 
 Certain Offices Abolished. Sect. 8. All offices for the weighing, 
 gauging, measuring, culling or inspecting any merchandise, produce,
 
 xxii ACTUAL GOVERNMENT OF NEW YORK 
 
 manufacture or commodity 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 interest of the State in its property, 
 revenue, tolls or purchases, or of supplying the people with correct 
 standards of weights and measures, or shall prevent the creation of 
 any office for such purposes hereafter. 
 
 Civil Service Appointments and Promotions. Sect. 9. Appoint- 
 ments 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, 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. 
 
 ARTICLE VI 
 
 Supreme Court; how Constituted; Judicial Districts. Sect, i. 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 Legislature 
 may alter the judicial districts once after every enumeration under the 
 Constitution, of the inhabitants of the State, and thereupon reappor- 
 tion the Justices to be thereafter elected in the districts so altered. 
 
 1 As amended November, 1905.
 
 CONSTITUTION OF NEW YORK xxiii 
 
 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. 
 
 Judicial Departments ; Appellate Division, how Constituted ; Gov- 
 ernor to designate Justices ; Reporter ; Time and Place of holding 
 Courts. Sect. 2. 1 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 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 concur- 
 rence 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 consti- 
 tute the Appellate Division in each department ; and he shall desig- 
 nate 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 
 
 1 As amended November, 1905.
 
 xxiv ACTUAL GOVERNMENT OF NEW YORK 
 
 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 depart- 
 ment 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 sub- 
 mitted 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 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 Legisla- 
 ture. 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 terms therein, 
 and to assign the justices in the departments to hold such terms ; 
 or to make rules therefor. 
 
 Judge or Justice not to sit in Review ; Testimony in Equity Cases. 
 Sect. 3. No Judge or Justice shall sit in the Appellate Division 
 or in the Court of Appeals in review of a decision made by him 
 or by any court of which he was at the time a sitting member. 
 The testimony in equity cases shall be taken in like manner as 
 in cases at law ; and, except as herein otherwise provided, the 
 Legislature shall have the same power to alter and regulate the 
 jurisdiction and proceedings in law and in equity that it has 
 heretofore exercised.
 
 CONSTITUTION OF NEW YORK xxv 
 
 Terms of Office ; Vacancies, how Filled. Sect. 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 Gov- 
 ernor, 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. 
 
 City Courts Abolished ; Judges become Justices of Supreme Court ; 
 Salaries ; Jurisdiction vested in Supreme Court. Sect. 5. The 
 Superior Court of the City of New York, the Court of Common Pleas 
 for the City and County of New York, the Superior Court of Buffalo, 
 and the City Court of Brooklyn, are abolished from and after the 
 first day of January, one thousand eight hundred and ninety-six, 
 and thereupon the seals, records, papers and documents of or belong- 
 ing to such courts, shall be deposited in the offices of the clerks of 
 the several counties in which said courts now exist ; and all actions 
 and proceedings then pending in such courts shall be transferred to 
 the Supreme Court for hearing and determination. The judges of 
 said courts in office on the first day of January, one thousand eight 
 hundred and ninety-six, shall, for the remainder of the terms for 
 which they were elected or appointed, be Justices of the Supreme 
 Court ; but they shall sit only in the counties in which they were 
 elected or appointed. Their salaries shall be paid by the said coun- 
 ties respectively, and shall be the same as the salaries of the other 
 Justices of the Supreme Court residing in the same counties. Their 
 successors shall be elected as Justices of the Supreme Court by the 
 electors of the judicial districts in which they respectively reside. 
 
 The jurisdiction now exercised by the several courts hereby 
 abolished, shall be vested in the Supreme Court. Appeals from in- 
 ferior and local courts now heard in the Court of Common Pleas for 
 the City and County of New York and the Superior Court of Buffalo, 
 shall be heard in the Supreme Court in such manner and by such 
 Justice or Justices as the Appellate Divisions in the respective depart- 
 ments which include New York and Buffalo shall direct, unless other- 
 wise provided by the Legislature.
 
 xxvi ACTUAL GOVERNMENT OF NEW YORK 
 
 Circuit Courts and Courts of Oyer and Terminer Abolished. 
 Sect. 6. Circuit Courts and Courts of Oyer and Terminer are 
 abolished 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. 
 
 Court of Appeals. Sect. 7. 1 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 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 undisposed 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 vacan- 
 cies. No justice shall serve as associate judge of the Court of Appeals 
 except while holding the office of Justice of the Supreme Court, and 
 no more than seven judges shall sit in any case. 
 
 Vacancy in Court of Appeals, how Filled. Sect. 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 
 
 1 As amended November, 1899.
 
 CONSTITUTION OF NEW YORK xxvii 
 
 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. 
 
 Jurisdiction of Court of Appeals. Sect. q. After the last day 
 of December, one thousand eight hundred and ninety-five, the juris- 
 diction of the Court of Appeals, except where the judgment is of 
 death, shall be limited to the review of questions of law. No unani- 
 mous 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 a 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 stipu- 
 late 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 appeals 
 therefrom may be taken under existing provisions of law. 
 
 Judges not to hold any Other Office. Sect. 10. The Judges of the 
 Court of Appeals and the Justices of the Supreme Court shall not 
 hold any other office or public trust. All votes for any of them, for 
 any other than a judicial office, given by the Legislature or the 
 people, shall be void.
 
 xxviii ACTUAL GOVERNMENT OF NEW YORK 
 
 Removal of Judges. Sect. ii. Judges of the Court of Appeals 
 and Justices of the Supreme 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 recom- 
 mendation 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. 
 
 Compensation ; Age Restriction ; Assignment by Governor. 
 Sect. 12. 1 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. 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 departments shall each receive in addition the sum of 
 two thousand dollars, and the Presiding Justices thereof the sum 
 of two thousand 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 
 aggregate compensation what they are now receiving. Those Jus- 
 tices elected in any judicial department other than the first or second, 
 and assigned to the Appellate Divisions of the first or second depart- 
 ments shall, while so assigned, receive from those departments re- 
 spectively, 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 Division or desig- 
 nated 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 addi- 
 tion ten dollars per day for expenses while 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 com- 
 pensation herein provided shall be in lieu of and shall exclude all 
 
 1 As amended November, iqoq.
 
 CONSTITUTION OF NEW YORK xxix 
 
 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 Justices now in office and to those 
 hereafter elected. 
 
 Trial of Impeachments. Sect. 13. The Assembly shall have the 
 power of impeachment, by a vote of a majority of all the members 
 elected. The court for the trial of impeachments shall be composed 
 of the President of the Senate, the Senators, or the major part of 
 them, and the Judges of the Court of Appeals, or the major part 
 of them. On the trial of an impeachment against the Governor or 
 Lieutenant-Governor, the Lieutenant-Governor shall not act as a 
 member of the court. No judicial officer shall exercise his office, 
 after articles of impeachment against him shall have been preferred 
 to the Senate, until he shall have been acquitted. Before the trial 
 of an impeachment the members of the court shall take an oath or 
 affirmation truly and impartially to try the impeachment according 
 to the evidence, and no person shall be convicted without the con- 
 currence of two-thirds of the members present. Judgment in cases 
 of impeachment shall not extend further than to removal from office, 
 or removal from office and disqualification to hold and enjoy any 
 office of honor, trust or profit under this State ; but the party im- 
 peached shall be liable to indictment and punishment according to 
 law. 
 
 County Courts. Sect. 14. 1 The existing County Courts are con- 
 tinued, and the Judges thereof now in office shall hold their offices 
 until the expiration of their respective terms. 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-numbered 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 
 
 1 As amended November, 1913.
 
 xxx ACTUAL GOVERNMENT OF NEW YORK 
 
 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, one thousand eight hun- 
 dred 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. 
 
 Surrogates' Courts; Surrogates, their Powers and Jurisdiction; 
 Vacancies. Sect. 15. The existing Surrogates' Courts are continued, 
 and the Surrogates now in office shall hold their offices until the ex- 
 piration 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 established 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
 
 CONSTITUTION OF NEW YORK xxxi 
 
 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 compensation 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 exceeding four hundred thousand, the powers 
 and jurisdiction of Surrogates, with authority to try issues of fact 
 by jury in probate cases. 
 
 Local Judicial Officers. Sect. 16. The Legislature may, on appli- 
 cation of the board of supervisors, provide for the election of local 
 officers, not to exceed two in any county, to discharge the duties of 
 County Judge and of Surrogate, in cases of their inability or of a 
 vacancy, and in such other cases as may be provided by law, and to 
 exercise such other powers in special cases as are or maybe provided 
 by law. 
 
 Justices of the Peace; District Court Justices. Sect. 17. The 
 electors of the several towns shall, at their annual town meetings, or 
 at such other time and in such manner as the Legislature may direct, 
 elect Justices of the Peace, whose term of office shall be four years. 
 In case of an election to fill a vacancy occurring before the expira- 
 tion of a full term, they shall hold for the residue of the unexpired 
 term. Their number and classification may be regulated by law. 
 Justices of the Peace and judges or justices of inferior courts not of 
 record, and their clerks, may be removed for cause, after due notice 
 and an opportunity of being heard by such courts as are or may be 
 prescribed by law. Justices of the Peace and District Court Jus- 
 tices may be elected in the different cities of this State in such man- 
 ner and with such powers, and for such terms, respectively, as are 
 or shall be prescribed by law ; all other judicial officers in cities, 
 whose election or appointment is not otherwise provided for in this 
 article, shall be chosen by the electors of such cities, or appointed by 
 some local authorities thereof. 
 
 Inferior Local Courts. Sect. 18. Inferior local courts of civil and 
 criminal jurisdiction, may be established by the Legislature, but no 
 inferior local court, hereafter created shall be a court of record. 
 The Legislature shall not hereafter confer upon any inferior or local 
 court of its creation, any equity jurisdiction or any greater jurisdic- 
 tion in other respects than is conferred upon County Courts by or
 
 xxxii ACTUAL GOVERNMENT OF NEW YORK 
 
 under this article. Except as herein otherwise provided, all judicial 
 officers shall be elected or appointed at such times and in such man- 
 ner as the Legislature may direct. 
 
 Clerks of Courts. Sect. 19. Clerks of the several counties shall 
 be clerks of the Supreme Court, with such powers and duties as shall 
 be prescribed by law. The Justices of the Appellate Division in 
 each department shall have power to appoint and to remove a clerk, 
 who shall keep his office at a place to be designated by said Justices. 
 The Clerk of the Court of Appeals shall keep his office at the seat 
 of government. The Clerk of the Court of Appeals and the Clerks 
 of the Appellate Division shall receive compensation to be estab- 
 lished by law and paid out of the public treasury. 
 
 No Judicial Officer, except Justice of the Peace, to Receive Fees ; 
 not to act as Attorney or Counselor. Sect. 20. No judicial officer, 
 except Justices of the Peace, shall receive to his own use any fees or 
 perquisites of office ; nor shall any Judge of the Court of Appeals, 
 or Justice of the Supreme Court, or any County Judge or Surrogate 
 hereafter elected in a county having a population exceeding one hun- 
 dred and twenty thousand, practice as an attorney or counselor in 
 any court of record of this State, or act as referee. The Legislature 
 may impose a similar prohibition upon County Judges and Surro- 
 gates in other counties. No one shall be eligible to the office of 
 Judge of the Court of Appeals, Justice of the Supreme Court, or, 
 except in the county of Hamilton, to the office of County Judge or 
 Surrogate, who is not an attorney and counselor of this State. 
 
 Publication of Statutes. Sect. 21. The Legislature shall provide 
 for the speedy publication of all statutes, and shall regulate the 
 reporting of the decisions of the courts ; but all laws and judicial 
 decisions shall be free for publication by any person. 
 
 Terms of Office of Present Justices of the Peace and Local Judicial 
 Officers. Sect. 22. Justices of the Peace and other local judicial 
 officers provided for in sections seventeen and eighteen in office when 
 this article takes effect, shall hold their offices until the expiration of 
 their respective terms. 
 
 Courts of Special Sessions. Sect. 23. Courts of Special Sessions 
 shall have such jurisdiction of offenses of the grade of misdemeanors 
 as may be prescribed by law.
 
 CONSTITUTION OF NEW YORK xxxiii 
 
 ARTICLE VII 
 
 State Credit not to be Given. Sect. i. The credit of the State 
 shall not in any manner be given or loaned to or in aid of any indi- 
 vidual, association or corporation. 
 
 State Debts, Power to Contract. Sect. 2. The State may, to 
 meet casual deficits or failures in revenues, or for expenses not pro- 
 vided 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. 
 
 State Debts to Repel Invasions. Sect. 3. In addition to the 
 above limited power to contract debts, the State may contract debts 
 to repel invasion, suppress insurrection, or defend the State in war; 
 but the money arising from the contracting of such debts shall be 
 applied to the purpose for which it was raised, or to repay such debts, 
 and to no other purpose whatever. 
 
 Limitation of Legislative Power to create Debts. Sect. 4. 1 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 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 re- 
 ceived 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 contract- 
 ing of any further debt or liability under such law; but the tax 
 
 1 As amended November, 1909.
 
 xxxiv ACTUAL GOVERNMENT OF NEW YORK 
 
 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. pro- 
 ceeds 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 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. 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 pursu- 
 ant 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 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 dis- 
 charge the principal of such debt within fifty years from the time of 
 the contracting thereof, and shall appropriate annually to the sink- 
 ing 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. 
 
 Sinking Fund, how Kept and Invested. Sect. 5. The sinking 
 funds provided for the payment of interest and the extinguishment 
 of the principal of the debts of the State shall be separately kept and 
 safely invested, and neither of them shall be appropriated or used in
 
 CONSTITUTION OF NEW YORK xxxv 
 
 any manner other than for the specific purpose for which it shall have 
 been provided. 
 
 Claims barred by Statute of Limitations. Sect. 6. Neither the 
 Legislature, canal board, nor any person or persons acting in behalf 
 of the State, shall audit, allow, or pay any claim which, as between 
 citizens of the State, would be barred by lapse of time. This provi- 
 sion shall not be construed to repeal any statute fixing the time within 
 which claims shall be presented or allowed, nor shall it extend to 
 any clsims duly presented within the time allowed by law, and prose- 
 cuted with due diligence from the time of such presentment. But 
 if the claimant shall be under legal disability, the claim may be pre- 
 sented within two years after such disability is removed. 
 
 Forest Preserve. Sect. 7. 1 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, pub- 
 lic or private, nor shall the timber thereon be sold, removed or de- 
 stroyed. 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 determination 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 munici- 
 palities benefited for a reasonable return to the state upon the value 
 of the rights and property of the state used and the services of the 
 state rendered, which shall be fixed for terms of not exceeding ten 
 years and be readjustable at the end of any term. Unsanitary con- 
 ditions 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 the consent of the Supreme Court 
 
 1 As amended November, 19 13.
 
 xxxvi ACTUAL GOVERNMENT OF NEW YORK 
 
 in Appellate Division on notice to the Attorney-General at the suit 
 of any citizen. 
 
 Canals, not to be Sold; not applied to Certain Canals; Disposition 
 of Funds. Sect. 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 portion 
 of the canals. 
 
 No Tolls to be Imposed; Contracts for Work and Materials; no 
 Extra Compensation. Sect. 9. No tolls shall hereafter be imposed 
 on persons or property transported on the canals, but all boats navi- 
 gating the canals and the owners and masters thereof, shall be sub- 
 ject 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 canal shall be made with the persons who 
 shall offer to do or provide the same at the lowest price, with ade- 
 quate 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. 
 
 Canal Improvement, and Cost thereof. Sect. 10. The canals 
 may be improved in such manner as the Legislature shall provide by 
 law. A debt may be authorized for that purpose in the mode pre- 
 scribed by section four of this article, or the cost of such improve- 
 ment may be defrayed by the appropriation of funds from the State 
 treasury, or by equitable annual tax. 
 
 Payment of State Debts. Sect, ii. 1 The Legislature may ap- 
 propriate out of any funds in the treasury, moneys to pay the accru- 
 
 1 As adopted November 1905 ; in effect January, 1906.
 
 CONSTITUTION OF NEW YORK xxxvii 
 
 ing 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 created under section four of article seven of the consti- 
 tution 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. 
 
 Improvement of Highways. Sect. 12. 1 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 apportionment thereof among the coun- 
 ties. The aggregate of the debts authorized by this section shall not 
 at any one time exceed the sum of fifty millions of dollars. The pay- 
 ment 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 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 hundredths. None of the provisions of 
 the fourth section of this article shall apply to debts for the improve- 
 ment of highways hereby authorized. 
 
 ARTICLE VIII 
 
 Corporations, Formation of. Sect. 1. Corporations may be formed 
 under general laws; but shall not be created by special act, except 
 for municipal purposes, and in cases where, in the judgment of the 
 
 1 As adopted November, 1905 ; in effect January, 1906.
 
 xxxviii ACTUAL GOVERNMENT OF NEW YORK 
 
 Legislature, the objects of the corporation cannot be attained under 
 general laws. All general laws and special acts passed pursuant to 
 this section may be altered from time to time or repealed. 
 
 Dues of Corporations. Sect. 2. Dues from corporations shall be 
 secured by such individual liability of the corporators and other 
 means as may be prescribed by law. 
 
 Corporation, Definition of Term. Sect. 3. The term corporations 
 as used in this article shall be construed to include all associations 
 and joint-stock companies having any of the powers or privileges of 
 corporations not possessed by individuals or partnerships. And all 
 corporations shall have the right to sue and shall be subject to be 
 sued in all courts in like cases as natural persons. 
 
 Savings Bank Charters ; Restrictions upon Trustees ; Special Char- 
 ters not to be granted. Sect. 4. The Legislature shall, by general 
 law, conform all charters of savings banks, or institutions for savings, 
 to a uniformity of powers, rights and liabilities, and all charters here- 
 after granted for such corporations shall be made to conform to such 
 general law, and to such amendments as may be made thereto. And 
 no such corporation shall have any capital stock, nor shall the trustees 
 thereof, or any of them, have any interest whatever, direct or in- 
 direct, in the profits of such corporation ; and no director or trustee 
 of any such bank or institution shall be interested in any loan or 
 use of any money or property of such bank or institution for savings. 
 The Legislature shall have no power to pass any act granting any 
 special charter for banking purposes; but corporations or associa- 
 tions may be formed for such purposes under general laws. 
 
 Specie Payment. Sect. 5. The Legislature shall have no power 
 to pass any law sanctioning in any manner, directly or indirectly, 
 the suspension of specie payments, by any person, association or 
 corporation, issuing bank notes of any description. 
 
 Registry of Bills or Notes. Sect. 6. The Legislature shall pro- 
 vide by law for the registry of all bills or notes, issued or put in cir- 
 culation as money, and shall require ample security for the redemption 
 of the same in specie. 
 
 Liability of Stockholders of Banks. Sect. 7. The stockholders of 
 every corporation and joint-stock association for banking purposes, 
 shall be individually responsible to the amount of their respective 
 share or shares of stock in any such corporation or association, for 
 all its debts and liabilities of every kind.
 
 CONSTITUTION OF NEW YORK xxxix 
 
 Billholders of Insolvent Bank, Preferred Creditors. Sect. 8. In 
 case of the insolvency of any bank or banking association, the bill- 
 holders thereof shall be entitled to preference in payment, over all 
 other creditors of such bank or association. 
 
 Credit or Money of the State not to be given. Sect. 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 property now held, or which may here- 
 after be held, by the State for educational purposes. 
 
 Limitation of Indebtedness of Counties, Cities, Towns and Villages ; 
 Exception as to City of New York. Sect, io. 1 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 corpora- 
 tion, 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 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 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 or 
 amounts actually contained, or to be contained in the taxes for the 
 year when such certificates or revenue bonds are issued and payable 
 
 1 As amended November, 191 7.
 
 xl ACTUAL GOVERNMENT OF NEW YORK 
 
 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 for 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 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 any city 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 pub- 
 lic 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 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 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 propor- 
 tionately to the extent to which the current net revenue received by
 
 CONSTITUTION OF NEW YORK xli 
 
 said city therefrom shall meet the interest and amortization instal- 
 ments 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 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 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 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 thou- 
 sand inhabitants, or any such city of this State, in addition to provid- 
 ing for the principal and interest of existing debt, shall not in the aggre- 
 gate 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 ascer- 
 tained as prescribed in this section in respect to county or city debt. 
 State Board of Charities ; State Commission in Lunacy ; State Com- 
 mission of Prisons. Sect. ii. The Legislature shall provide for a 
 state board of charities, which shall visit and inspect all institutions, 
 whether state, county, municipal, incorporated or not incorporated, 
 which are of a charitable, eleemosynary, correctional or reformatory 
 character, excepting only such institutions as are hereby made sub- 
 ject to the visitation and inspection of either of the commissions, 
 hereinafter mentioned, but including all reformatories except those 
 in which adult males convicted of felony shall be confined ; a state 
 commission in lunacy which shall visit and inspect all institutions, 
 either public or private, used for the care and treatment of the 
 insane (not including institutions for epileptics or idiots) ; a state
 
 xlii ACTUAL GOVERNMENT OF NEW YORK 
 
 commission of prisons which shall visit and inspect all institutions 
 used for the detention of sane adults charged with or convicted of 
 crime, or detained as witnesses or debtors. 
 
 Boards Appointed by Governor. Sect. 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, 
 an opportunity having been given him to be heard in his defense. 
 
 Existing Laws to remain in Force. Sect. 13. Existing laws relat- 
 ing to institutions referred to in the foregoing sections and to their 
 supervision and inspection, in so far as such laws are not inconsist- 
 ent with the provisions of the 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. 
 
 Maintenance and Support of Inmates of Charitable Institutions. 
 Sect. 14. Nothing in this Constitution contained shall prevent the 
 Legislature from making such provision for the education and sup- 
 port of the blind, the deaf and dumb, and juvenile delinquents, as to 
 it may seem proper; or prevent any county, city, town or village 
 from providing for the care, support, maintenance and secular educa- 
 tion of inmates of orphan asylums, homes for dependent children or 
 correctional institutions, whether under public or private control. 
 Payments by counties, cities, towns and villages to charitable, elee- 
 mosynary, correctional and reformatory institutions, wholly or 
 partly under private control, for care, support and maintenance, 
 may be authorized, but shall not be required by the Legislature. 
 No such payments shall be made for any inmate of such institutions 
 who is not received and retained therein pursuant to rules estab- 
 lished by the state board of charities. Such rules shall be subject 
 to the control of the Legislature by general laws. 
 
 Commissioners continued in Office. Sect. 15. Commissioners 
 of the state board of charities and commissioners of the state com- 
 mission in lunacy, now holding office, shall be continued in office for 
 the term for which they were appointed, respectively, unless the 
 Legislature shall otherwise provide. The Legislature may confer 
 upon the commissions and upon the board mentioned in the fore- 
 going sections any additional powers that are not inconsistent with 
 other provisions of the Constitution.
 
 CONSTITUTION OF NEW YORK xliii 
 
 ARTICLE IX 
 
 Common Schools. Sect. i. The Legislature shall provide for 
 the maintenance and support of a system of free common schools, 
 wherein all the children of this State may be educated. 
 
 Regents of the University. Sect. 2. The corporation created in 
 the year one thousand seven hundred and eighty-four, under the 
 name of The Regents of the University of the State of New York, 
 is hereby continued under the name of The University of the State 
 of New York. It shall be governed and its corporate powers, which 
 may be increased, modified or diminished by the Legislature, shall 
 be exercised by not less than nine regents. 
 
 Common School, Literature and the United States Deposit Funds. 
 Sect. 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. 
 
 No Aid in Denominational Schools. Sect. 4. Neither the State 
 nor any subdivision thereof, shall use its property or credit or any 
 public money or authorize or permit either to be used, directly or 
 indirectly, in aid or maintenance, other than for examination or 
 inspection, of any school or institution of learning wholly or in part 
 under the control or direction of any religious denomination, or in 
 which any denominational tenet or doctrine is taught. 
 
 ARTICLE X 
 
 Sheriffs, Clerks of Counties, District Attorneys and Registers; 
 Governor may remove. Sect. i. 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
 
 xliv ACTUAL GOVERNMENT OF NEW YORK 
 
 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. 
 
 Appointment or Election of Officers, not provided for by this Con- 
 stitution. Sect. 2. All county officers whose election or appoint- 
 ment 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 appoint- 
 ment is not provided for by this Constitution, shall be elected by 
 the electors of such cities, towns and villages, or of some divi- 
 sion 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. 
 
 Duration of Term. Sect. 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 making the appointment. 
 
 Time of Election. Sect. 4, The time of electing all officers named 
 in this article shall be prescribed by law. 
 
 Vacancies in Offices; how Filled. Sect. 5. The Legislature shall 
 provide for filling vacancies in office, and in case of elective officers, 
 no person appointed to fill a vacancy shall hold his office by virtue 
 of such appointment longer than the commencement of the political 
 year next succeeding the first annual election after the happening of 
 the vacancy. 
 
 Political Year. Sect. 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.
 
 CONSTITUTION OF NEW YORK xlv 
 
 Removal from Office for Misconduct, etc. Sect. 7. Provision 
 shall be made by law for the removal for misconduct 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. 
 
 Office deemed Vacant. Sect. 8. The Legislature may declare the 
 cases in which any office shall be deemed vacant when no provision 
 is made for that purpose in this constitution. 
 
 Compensation of Officers. Sect. 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 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. 
 
 ARTICLE XI 
 
 State Militia. Sect. i. All able-bodied male citizens between the 
 ages of eighteen and forty-five years, who are residents of the State, 
 shall constitute the militia, subject however to such exemptions as 
 are now, or may be hereafter created by the laws of the United 
 States, or by the Legislature of this State. 
 
 Enlistment. Sect. 2. The Legislature may provide for the en- 
 listment into the active force of such other persons as may make 
 application to be so enlisted. 
 
 Organization of Militia. Sect 3. The militia shall be organized 
 and divided into such land and naval, and active and reserve forces, 
 •as the Legislature may deem proper, provided however that there 
 shall be maintained at all times a force of not less than ten thousand 
 enlisted men, fully uniformed, armed, equipped, disciplined and ready 
 for active service. And it shall be the duty of the Legislature at each 
 session to make sufficient appropriations for the maintenance thereof. 
 
 Appointment of Military Officers by the Governor. Sect. 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 nomi- 
 nate, and with the consent of the Senate appoint, all major-generals
 
 xlvi ACTUAL GOVERNMENT OF NEW YORK 
 
 Manner of Election of Military Officers prescribed by Legislature. 
 
 Sect. 5. All other commissioned and non-commissioned officers 
 shall be chosen or appointed in such manner as the Legislature may 
 deem most conducive to the improvement of the militia, provided, 
 however, that no law shall be passed changing the existing mode of 
 election and appointment unless two-thirds of the members present 
 in each house shall concur therein. 
 
 Commissioned Officers ; their Removal. Sect. 6. The commis- 
 sioned 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 sen- 
 tence 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. 
 
 ARTICLE XII 
 
 Organization of Cities and Villages. Sect, i. 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, assess- 
 ment, borrowing money, contracting debts, and loaning their credit, 
 so as to prevent abuses in assessments and in contracting debt by 
 such municipal corporations ; 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 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. 
 
 Classification of Cities ; General and Special City Laws ; Special City 
 Laws; how passed by Legislature and accepted by Cities. Sect. 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 thou- 
 sand and less than one hundred and seventy-five thousand ; the third 
 
 1 As amended November, 1905. 
 
 2 As amended November, 1907.
 
 CONSTITUTION OF NEW YORK xlvii 
 
 class, all other cities. Laws relating to the property, affairs 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 trans- 
 mit 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 con- 
 currently, 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 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. 
 
 Election of City Officers, when to be Held ; Extension and Abridg- 
 ment of Terms. Sect. 3. All elections of city officers, including 
 supervisors and judicial officers of inferior local courts, elected in
 
 xlviii ACTUAL GOVERNMENT OF NEW YORK 
 
 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 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. 
 
 ARTICLE XIII 
 
 Oath of Office. Sect. i. Members of the Legislature, and all 
 officers executive and judicial, except such inferior officers as shall 
 be by law exempted shall, before they enter on the duties of their 
 respective offices, take and subscribe the following oath or affirma- 
 tion : " I do solemnly swear (or affirm) that I will support the Con- 
 stitution of the United States, and the Constitution of the State of 
 New York, and that I will faithfully discharge the duties of the 
 
 office of , according to the best of my ability " ; and all such 
 
 officers who shall have been chosen at any election shall, before they 
 enter on the duties of their respective offices, take and subscribe the 
 oath or affirmation above prescribed, together with the following 
 addition thereto, as part thereof : 
 
 " And I do further solemnly swear (or affirm) that I have not 
 directly or indirectly paid, offered or promised to pay, contributed, 
 or offered or promised to contribute, any money or other valuable 
 thing as a consideration or reward for the giving or withholding a 
 vote at the election at which I was elected to said office, and have not 
 made any promise to influence the giving or withholding any such
 
 CONSTITUTION OF NEW YORK xlix 
 
 vote," and no other oath, declaration or test shall be required as a 
 qualification for any office of public trust. 
 
 Official Bribery and Corruption. Sect. 2. Any person holding 
 office under the laws of this State, who, except in payment of his 
 legal salary, fees or perquisites, shall receive or consent to receive, 
 directly or indirectly, anything of value or of personal advantage, 
 or the promise thereof, for performing or omitting to perform any 
 official act, or with the express or implied understanding that his 
 official action or omission to act is to be in any degree influenced 
 thereby, shall be deemed guilty of a felony. This section shall not 
 affect the validity of any existing statute in relation to the offense 
 of bribery. 
 
 Offer or Promise to Bribe. Sect. 3. Any person who shall offer 
 or promise a bribe to an officer, if it shall be received, shall be deemed 
 guilty of a felony and liable to punishment, except as herein pro- 
 vided. No person offering a bribe shall, upon any prosecution of 
 the officer for receiving such bribe, 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 or offering of 
 such bribe. Any person who shall offer or promise a bribe, if it be 
 rejected by the officer to whom it was tendered, shall be guilty of 
 an attempt to bribe, which is hereby declared to be a felony. 
 
 Person Bribed or Offering a Bribe may be a Witness. Sect. 4. 
 Any person charged with receiving a bribe, or with offering or prom- 
 ising a bribe, shall be permitted to testify in his own behalf in any 
 civil or criminal prosecution therefor. 
 
 Free Passes, Franking Privileges, etc., not to be received by Public 
 Officers; Penalty. Sect. 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 re- 
 ceive for his own use or benefit, or for the use or benefit of another, 
 any free pass, free transportation, franking privilege or discrimina- 
 tion in passenger, telegraph or telephone rates, from any person or 
 corporation, or make use of the same himself or in conjunction with 
 another. 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 person 
 elected or appointed to a public office, any such free pass, free trans-
 
 1 ACTUAL GOVERNMENT OF NEW YORK 
 
 portation, 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 corporation giving any 
 sucrj free pass, free transportation, franking privilege or discrimina- 
 tion 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. 
 
 Removal of District Attorney for Failure to Prosecute ; Expenses 
 of Prosecutions for Bribery. Sect. 6. Any district attorney who 
 shall fail faithfully to prosecute a person charged with the violation 
 in his county of any provision of this article which may come to his 
 knowledge, shall be removed from office by the Governor, after due 
 notice and an opportunity of being heard in his defense. The ex- 
 penses which shall be incurred by any county, in investigating and 
 prosecuting any charge of bribery or attempting to bribe any per- 
 son holding office under the laws of this State, within such county, 
 or of receiving bribes by any such person in said county, shall be a 
 charge against the State, and their payment by the State shall be 
 provided for by law. 
 
 ARTICLE XIV 
 
 Amendments to Constitution, how Proposed, Voted upon and 
 Ratified. Sect. i. Any amendment or amendments to this Consti- 
 tution 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 elec- 
 tion 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 manner 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 amendment 
 or amendments shall become a part of the Constitution from and 
 after the first day of January next after such approval.
 
 CONSTITUTION OF NEW YORK li 
 
 Future Constitutional Conventions ; how Called ; Election of Dele- 
 gates ; Compensation ; Quorum ; Submission of Amendments ; Officers ; 
 Rules; Vacancies; taking Effect. Sect. 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 Legis- 
 lature may by law provide, the question, " Shall there be a conven- 
 tion to revise the Constitution and amend the same? " shall be 
 decided by the electors of the State ; and in case a majority of the elec- 
 tors 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 serv- 
 ices 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 constitute a quorum for the transaction of busi- 
 ness, 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, employes 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 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 constitutional amendment which shall have been 
 adopted by such convention, shall be submitted to a vote of the elec- 
 tors 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
 
 Hi ACTUAL GOVERNMENT OF NEW YORK 
 
 after the adjournment of such convention. Upon the approval of 
 such constitution or constitutional amendments, in the manner pro- 
 vided in the last preceding section, such constitution or constitutional 
 amendment, shall go into effect on the first day of January next after 
 such approval. 
 
 Amendments of Convention and Legislature submitted coinci- 
 dently. Sect. 3. Any amendment proposed by a constitutional 
 convention relating to the same subject as an amendment proposed 
 by the Legislature, coincidently submitted to the people for approval 
 at the general election held in the year one thousand eight hundred 
 and ninety-four, or at any subsequent election, shall, if approved, be 
 deemed to supersede the amendment so proposed by the legislature. 
 
 ARTICLE XV 
 
 Time of taking Effect. Sect. i. This Constitution shall be in 
 force from and including the first day of January, one thousand eight 
 hundred and ninety-five, except as herein otherwise provided. 
 
 Done in Convention at the Capitol in the city of Albany, the 
 twenty-ninth day of September, in the year one thousand 
 eight hundred ninety-four, and of the Independence of the 
 United States of America the one hundred and nineteenth. 
 In witness whereof, we have hereunto subscribed our 
 names. 
 
 JOSEPH HODGES CHOATE, 
 
 President and Dele gate-at- Large 
 Charles Elliott Fitch, 
 
 Secretary
 
 CONSTITUTION OF THE UNITED STATES 
 
 Preamble 
 
 We, the people of the United States, in order to form a more 
 perfect union, establish justice, insure domestic tranquillity, provide 
 for the common defense, promote the general welfare, and secure 
 the blessings of liberty to ourselves and our posterity, do ordain 
 and establish this Constitution for the United States of 
 America. 
 
 ARTICLE I. — LEGISLATIVE DEPARTMENT 
 
 Section i. — Congress 
 
 All legislative powers herein granted shall be vested in a Con- 
 gress of the United States, which shall consist of a Senate and 
 House of Representatives. 1 
 
 Section 2. — House of Representatives 
 
 The House of Representatives shall be composed of members 
 chosen every second year by the people of the several States, and 
 the electors in each State shall have the qualifica- 
 tions requisite for electors of the most numerous 
 Members 
 
 branch of the State Legislature. 
 
 No person shall be a representative who shall not have attained 
 
 to the age of twenty-five years, and been seven 
 
 years a citizen of the United States, and who shall 
 
 not, when elected, be an inhabitant of that State in which he shall 
 
 be chosen. 
 
 Representatives and direct taxes shall be apportioned among 
 the several States which may be included within this Union, 
 
 1 The term of each Congress is two years. It assembles on the first Monday 
 in December and " expires at noon of the fourth of March next succeeding the 
 beginning of its second regular session, when a new Congress begins." 
 t liii
 
 liv ACTUAL GOVERNMENT OF NEW YORK 
 
 according to their respective numbers, 1 which shall be determined 
 by adding to the whole number of free persons, including those 
 bound to service for a term of years, and excluding Indians not 
 
 taxed, three-fifths of all other persons. 2 The actual 
 
 enumeration shall be made within three years after 
 the first meeting of the Congress of the United States, and within 
 every subsequent term of ten years, in such manner as they shall 
 by law direct. The number of representatives shall not exceed 
 one for every thirty thousand, but each State shall have at least 
 one representative : and until such enumeration shall be made, 
 the State of New Hampshire shall be entitled to choose three ; 
 Massachusetts, eight ; Rhode Island and Providence Plantations, 
 one ; Connecticut, five ; New York, six; New Jersey, four; Penn- 
 sylvania, eight ; Delaware, one ; Maryland, six ; Virginia, ten ; 
 North Carolina, five ; South Carolina, five ; and Georgia, three. 
 When vacancies happen in the representation from any State, 
 
 the executive authority 3 thereof shall issue writs of 
 
 election to fill such vacancies. 
 The House of Representatives shall choose their Speaker 4 and 
 Officers other officers ; and shall have the sole power of 
 
 Impeachment impeachment. 
 
 Section 3. — Senate 
 
 The Senate of the United States shall be composed of two 
 Number senators from each State, chosen by the Legislature 5 
 
 of Senators : thereof, for six years ; and each senator shall have 
 Election one vote 
 
 Immediately after they shall be assembled in consequence of 
 the first election, they shall be divided as equally as may be 
 into three classes. The seats of the senators of the first class 
 shall be vacated at the expiration of the second year ; of the second 
 class, at the expiration of the fourth year ; of the third class, at 
 
 1 The apportionment under the census of 19 10 is one representative for about 
 220,000 persons. 
 
 2 The word " persons " refers to slaves. This paragraph has been amended 
 (Amendments XIII and XIV) and is no longer in force. 3 Governor. 
 
 4 The speaker is one of the representatives ; the other officers — clerk, 
 sergeant-at-arms, postmaster, doorkeeper, etc. — are not. 
 
 5 See Amendment XVII, which provides for the election of senators by direct 
 vote of the people.
 
 CONSTITUTION OF THE UNITED STATES lv 
 
 the expiration of the sixth year, so that one-third may be chosen 
 every second year; and if vacancies happen by resignation, or other- 
 wise, during the recess of the Legislature of any 
 Classification Stat ^ the execut i ve i thereof may make temporary 
 
 appointments until the next meeting of the Legislature, which shall 
 then fill such vacancies. 
 
 No person shall be a senator who shall not have attained to the 
 
 age of thirty years, and been nine years a citizen of 
 
 Qualifications the United States> anc j w ho shall not, when elected, 
 
 be an inhabitant of that State for which he shall be chosen. 
 
 The Vice-President of the United States shall be president 
 President of of the Senate, but shall have no vote, unless they 
 Senate be equally divided. 
 
 The Senate shall choose their other officers, and also a presi- 
 dent pro tempore, in the absence of the Vice- 
 President, or when he shall exercise the office of 
 President of the United States. 
 
 The Senate shall have the sole power to try all impeachments : 
 When sitting for that purpose, they shall be on oath or affirma- 
 tion. When the President of the United States is 
 Trials of ^. , h chief-Justice shall preside: and no per- 
 
 Impeachment ' „ , . , . , , t 
 
 son shall be convicted without the concurrence of 
 
 two-thirds of the members present. 
 
 Judgment in cases of impeachment shall not extend further 
 than to removal from office, and disqualification to hold and 
 Judgment enjoy any office of honor, trust, or profit under the 
 
 in Case of United States ; but the party convicted shall never- 
 
 Conviction theless be liable and subject to indictment, trial, 
 
 judgment, and punishment, according to law. 
 
 Section 4. — Both Houses 
 
 The times, places, and manner of holding elections for senators 
 Manner of an d representatives shall be prescribed in each State 
 
 electing by the Legislature thereof; but the Congress may 
 
 Members a t an y time, by law, make or alter such regulations, 
 
 except as to the places of choosing senators. 2 
 
 1 Governor. 
 
 2 This is to prevent Congress from fixing the places of meeting of the state 
 legislatures. 
 
 t
 
 lvi ACTUAL GOVERNMENT OF NEW YORK 
 
 The Congress shall assemble at least once in every year, and 
 Meetings of such meeting shall be on the first Monday in Decem- 
 Congress ber, unless they shall by law appoint a different day. 
 
 Section 5. — The Houses separately 
 
 Each house shall be the judge of the elections, returns, and 
 qualifications of its own members, and a majority of each shall 
 constitute a quorum to do business; but a smaller 
 rganiza ion num ber may adjourn from day to day, and may be 
 authorized to compel the attendance of absent members, in such 
 manner, and under such penalties, as each house may provide. 
 Each house may determine the rules of its proceedings, punish 
 its members for disorderly behavior, and, with the 
 concurrence of two-thirds, expel a member. 
 Each house shall keep a journal of its proceedings, and from 
 time to time publish the same, excepting such parts as may in 
 their judgment require secrecy, and the yeas and 
 nays of the members of either house on any ques- 
 tion shall, at the desire of one-fifth of those present, be entered 
 on the journal. 
 
 Neither house, during the session of Congress, shall, without 
 the consent of the other, adjourn for more than 
 three days, nor to any other place than that in 
 which the two houses shall be sitting. 
 
 Section 6. — Privileges and Disabilities of Members 
 
 The senators and representatives shall receive a compensation 1 
 for their services, to be ascertained by law, and paid out of the 
 
 treasury of the United States. They shall in all 
 Pay and cases, except treason, felony, and breach of the peace, 
 
 Members be privileged from arrest during their attendance at 
 
 the session of their respective houses, and in going 
 to and returning from the same ; and for any speech or debate in 
 either house, they shall not be questioned in any other place. 
 
 1 Seventy-five hundred dollars a year and twenty cents for evTry mile of travel 
 each way from their homes at each annual session. There is also an allowance 
 of one hundred and twenty-five dollars for stationery and newspapers. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lvii 
 
 No senator or representative shall, during the time for which 
 he was elected, be appointed to any civil office under the authority 
 
 of the United States, which shall have been created, 
 Prohibitions or ^ e emo i umen t s whereof shall have been increased, 
 on Members . , , . ,. 
 
 during such time ; and no person holding any office 
 
 under the United States shall be a member of either house during 
 his continuance in office. 
 
 Section 7. — Method of passing Laws 
 
 All bills for raising revenue shall originate in the House of 
 Representatives ; but the Senate may propose or 
 concur with amendments as on other bills. 
 Every bill which shall have passed the House of Representa- 
 tives and the Senate shall, before it become a law, be presented 
 to the President of the United States; if he approve, 
 How Bills he shall . it but if not he shaJ1 return it w ith 
 
 become Laws , ° , , . ,.,.,,, 
 
 his objections, to that house in which it shall 
 
 have originated, who shall enter the objections at large on their 
 journal, and proceed to reconsider it. If after such reconsidera- 
 tion, two-thirds of 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 
 that house, it shall become a law. But in all such cases the votes of 
 both houses shall be determined by yeas and nays, and the names 
 of the persons voting for and against the bill shall be entered on 
 the journal of each house respectively. If any bill shall not be 
 returned by the President 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 Congress by their 
 adjournment prevent its return, in which case it shall not be a law. 
 Every order, resolution, or vote to which the concurrence of 
 the Senate and House of Representatives may be necessary 
 
 (except on a question of adjournment) shall be 
 eso u ions, presented to the President of the United States ; 
 
 and before the same shall take effect, shall be 
 approved by him, or being disapproved by him, shall be repassed 
 by two-thirds of the Senate and House of Representatives, accord- 
 ing to the rules and limitations prescribed in the case of a bilL 
 
 +
 
 lviii ACTUAL GOVERNMENT OF NEW YORK 
 
 Section 8. — Powers granted to Congress 
 
 The Congress shall have power: 
 
 To lay and collect taxes, duties, imposts, and excises, to pay 
 
 the debts and provide for the common defense 
 
 Congress anc * S enera ^ welfare of the United States; but all 
 
 duties, imposts, and excises shall be uniform 
 
 throughout the United States; 
 
 To borrow money on the credit of the United States ; 
 
 To regulate commerce with foreign nations, and among the 
 several States, and with the Indian tribes; 
 
 To establish a uniform rule of naturalization, and uniform laws 
 on the subject of bankruptcies throughout the United States; 
 
 To coin money, regulate the value thereof, and of foreign coin, 
 and fix the standard of weights and measures ; 
 
 To provide for the punishment of counterfeiting the securities 
 and current coin of the United States ; 
 
 To establish post-offices and post-roads ; 
 
 To promote the progress of science and useful arts, by securing, 
 for limited times, to authors and inventors the exclusive right to 
 their respective writings and discoveries ; 
 
 To constitute tribunals inferior to the Supreme Court; 
 
 To define and punish piracies and felonies committed on the 
 high seas, and offenses against the law of nations ; 
 
 To declare war, grant letters of marque and reprisal, 1 and make 
 rules concerning captures on land and water; 
 
 To raise and support armies, but no appropriation of money 
 to that use shall be for a longer term than two years ; 
 
 To provide and maintain a navy ; 
 
 To make rules for the government and regulation of the land 
 and naval forces ; 
 
 To provide for calling forth the militia to execute the laws of 
 the Union, suppress insurrections and repel invasions. 
 
 To provide for organizing, arming, and disciplining the militia, 
 and for governing such part of them as may be employed in the 
 service of the United States, reserving to the States respectively 
 
 1 Letters granted by the government to private citizens in time of war, 
 authorizing them, under certain conditions, to capture the ships of the enemy. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lix 
 
 the appointment of the officers, and the authority of training the 
 militia according to the discipline prescribed by Congress ; 
 
 To exercise exclusive legislation in all cases whatsoever over 
 such district (not exceeding ten miles square) as may, by cession 
 of particular States, and the acceptance of Congress, become the 
 seat of the government of the United States, 1 and to exercise like 
 authority over all places purchased by the consent of the Legis- 
 lature of the State in which the same shall be, for the erection 
 of forts, magazines, arsenals, dockyards, and other needful build- 
 ings; — And 
 
 To make all laws which shall be necessary and proper for car- 
 Implied r y m g into execution the foregoing powers, and all 
 Powers other powers vested by this Constitution in the gov- 
 ernment of the United States, or in any department or officer 
 thereof. 
 
 Section 9. — Powers forbidden to the United States 
 
 The migration or importation of such persons as any of the 
 States now existing shall think proper to admit, 
 Absolute shall not De prohibited by the Congress prior to 
 
 Prohibitions . *", , . ',. , , & , f . , 
 
 on Congress tne y ear one thousand eight hundred and eight, 
 but a tax or duty may be imposed on such impor- 
 tation, not exceeding ten dollars for each person. 2 
 
 The privilege of the writ of habeas corpus 8 shall not be sus- 
 pended, unless when in cases of rebellion or invasion the public 
 safety may require it. 
 
 No bill of attainder 4 or ex-post-facto law 6 shall be passed. 
 
 No capitation or other direct tax shall be laid, unless in propor- 
 tion to the census or enumeration hereinbefore directed to be taken. 
 
 1 The District of Columbia. 
 
 2 This refers to the foreign slave trade. " Persons " means " slaves." In 1808 
 Congress prohibited the importation of slaves. This clause is, of course, no 
 longer in force. 
 
 8 An official document requiring an accused person who is in prison awaiting 
 trial to be brought into court to inquire whether he may be legally held. 
 
 4 A special legislative act by which a person may be condemned to death or 
 to outlawry or banishment without the opportunity of defending himself which 
 he would have in a court of law. 
 
 6 A law relating to the punishment of acts committed before the law was 
 passed. 
 
 t
 
 lx ACTUAL GOVERNMENT OF NEW YORK 
 
 No tax or duty shall be laid on articles exported from any 
 State. 
 
 No preference shall be given by any regulation of commerce 
 or revenue to the ports of one State over those of another; nor 
 shall vessels bound to, or from, one State, be obliged to enter, 
 clear, or pay duties in another. 
 
 No money shall be drawn from the treasury but in conse- 
 quence of appropriations made by law ; and a regular statement 
 and account of the receipts and expenditures of all public money 
 shall be published from time to time. 
 
 No title of nobility shall be granted by the United States : 
 And no person holding any office of profit or trust under them, 
 shall, without the consent of the Congress, accept of any present, 
 emolument, office, or title, of any kind whatever, from any king, 
 prince, or foreign state. 
 
 Section io. — Powers forbidden to the States 
 
 No State shall enter into any treaty, alliance, or confederation ; 
 
 grant letters of marque and reprisal ; coin money ; 
 
 Absolute cm j t kjj| s Q £ credit • make anything but gold and 
 
 Prohibitions ., . , '. I c a u* 
 
 on the States silver coin a tender in payment of debts ; pass any 
 
 bill of attainder, ex-post-facto law, or law impairing 
 the obligation of contracts, or grant any title of nobility. 
 
 No State shall, without the consent of the Congress, lay any 
 imposts or duties on imports or exports, except what may be 
 
 absolutely necessary for executing its inspection 
 Conditional Jaws ; and the net produce of all duties and imposts, 
 on the states * a ^ ^y an y State on imports or exports, shall be 
 
 for the use of the treasury of the United States ; 
 and all such laws shall be subject to the revision and control 
 of the Congress. 
 
 No State shall, without the consent of Congress, lay any duty 
 of tonnage, keep troops, or ships-of-war, in time of peace, enter 
 into any agreement or compact with another State, or with a 
 foreign power, or engage in war, unless actually invaded, or in 
 such imminent danger as will not admit of delay.
 
 CONSTITUTION OF THE UNITED STATES lxi 
 
 ARTICLE II. — EXECUTIVE DEPARTMENT 
 
 Section i. — President and Vice-President 
 
 The executive power shall be vested in a President of the 
 
 United States of America. He shall hold his office 
 
 during the term of four years, and, together with 
 
 the Vice-President, chosen for the same term, be elected, as 
 
 follows : 
 
 Each State shall appoint, in such manner as the Legislature 
 thereof may direct, a number of electors, equal to the whole num- 
 ber of senators and representatives to which the 
 State may be entitled in the Congress : but no 
 senator or representative, or person holding an office of trust or 
 profit under the United States, shall be appointed an elector. 
 
 [ x The electors shall meet in their respective States, and vote 
 by ballot for two persons, of whom one at least shall not be an 
 inhabitant of the same State with themselves. And they shall 
 make a list of all the persons voted for, and of the number of 
 votes for each ; which list they shall sign and cer- 
 Proceedings of tif and transm j t sea led to the seat of the govern- 
 Electors and J . . TT . . _ .. , . ° . , 
 
 of Congress ment of the United States, directed to the president 
 
 of the Senate. The president of the Senate shall, 
 in the presence of the Senate and House of Representatives, 
 open all the certificates, and the votes shall then be counted. 
 The person having the greatest number of votes shall be the 
 President, if such number be a majority of the whole number of 
 electors appointed; and if there be more than one who have such 
 majority, and have an equal number of votes, then the House of 
 Representatives shall immediately choose by ballot one of them 
 for President ; and if no person have a majority, then from the 
 five highest on the list the said house shall, in like manner, choose 
 the President. But in choosing the President, the votes shall be 
 taken by States, the representation from each State having one 
 vote ; a quorum for this purpose shall consist of a member or 
 members from two-thirds of the States, and a majority of all the 
 States shall be necessary to a choice. In every case, after the 
 
 l This paragraph in brackets has been superseded by the Twelfth Amendment. 
 
 t
 
 lxii ACTUAL GOVERNMENT OF NEW YORK 
 
 choice of the President, the person having the greatest number 
 of votes of the electors shall be the Vice-President. But if there 
 should remain two or more who have equal votes, the Senate shall 
 choose from them by ballot the Vice-President.] 
 
 The Congress may determine the time of choosing the electors, 
 Time of an d the day on which they shall give their votes ; 
 
 choosing which day shall be the same throughout the United 
 
 Electors States. 1 
 
 No person except a natural born citizen, or a citizen of the 
 United States at the time of the adoption of this 
 Qualifications Constitut i on shall be eligible to the office of Presi- 
 of President ° 
 
 dent; neither shall any person be eligible to that 
 
 office who shall not have attained to the age of thirty-five years, 
 and been fourteen years resident within the United States. 
 
 In case of the removal of the President from office, or of his 
 death, resignation, or inability to discharge the powers and duties 
 of the said office, the same shall devolve on the 
 Vice-President, and the Congress may by law pro- 
 vide for the case of removal, death, resignation, or inability, both 
 of the President and Vice-President, declaring what officer shall 
 then act as President ; and such officer shall act accordingly until 
 the disability be removed, or a President shall be elected. 
 
 The President shall, at stated times, receive for his services 
 
 a compensation 2 which shall neither be increased nor diminished 
 
 during the period for which he shall have been 
 
 elected, and he shall not receive within that period 
 
 any other emolument from the United States, or any of them. 
 
 Before he enter on the execution of his office, he shall take the 
 
 following oath or affirmation : — "I do solemnly swear (or affirm) 
 
 that I will faithfully execute the office of President 
 
 of the United States, and will, to the best of my 
 
 ability, preserve, protect, and defend the Constitution of the 
 
 United States." 
 
 !The electors are chosen on the Tuesday next after the first Monday in 
 November, preceding the expiration of a presidential term. They vote (by Act 
 of Congress of Feb. 3, 1887) on the second Monday in January following for 
 President and Vice-President. The votes are counted, and declared in Congress 
 on the second Wednesday of the following February. 
 
 2 The President now receives $75,000 a year, with an allowance of $25,000 for 
 expenses; the Vice-President receives a salary of $12,000 per year.
 
 CONSTITUTION OF THE UNITED STATES lxiii 
 
 Section 2. — Powers of the President 
 
 The President shall be commander-in-chief of the army and 
 
 navy of the United States, and of the militia of the several States, 
 
 „.,., when called into the actual service of the United 
 
 Military ........ 
 
 Powers States ; he may require the opinion, in writing, of 
 
 the principal officer in each of the executive depart- 
 
 Reprieves and ments, upon any subject relating to the duties of 
 
 their respective offices ; and he shall have power to 
 
 grant reprieves and pardons for offenses against the United 
 
 States, except in cases of impeachment. 
 
 He shall have power, by and with the advice and consent of 
 
 the Senate, to make treaties, provided two-thirds of the senators 
 
 present concur ; and he shall nominate, and by and 
 Treaties 
 
 with the advice and consent of the Senate shall 
 
 appoint ambassadors, other public ministers and consuls, judges 
 
 of the Supreme Court, and all other officers of the United States, 
 
 whose appointments are not herein otherwise pro- 
 ments 1 vided for, and which shall be established by law : 
 
 but the Congress may by law vest the appointment 
 of such inferior officers, as they think proper, in the President 
 alone, in the courts of law, or in the heads of departments. 
 
 The President shall have power to fill up all vacancies that 
 
 may happen during the recess of the Senate, by 
 
 granting commissions which shall expire at the end 
 
 of their next session. 
 
 Fill 
 Vacancies 
 
 Section 3. — Duties of the President 
 
 He shall from time to time give to the Congress information 1 
 
 of the state of the Union, and recommend to their consideration 
 
 such measures as he shall judge necessary and 
 
 TVICSScUTC 
 
 expedient ; he may, on extraordinary occasions, con- 
 vene both houses, or either of them, and in case of disagreement 
 
 1 The President gives this information by sending messages to Congress. 
 Washington and John Adams read their messages to Congress. Jefferson, how- 
 ever, sent a written message to Congress by his private secretary, and this 
 custom continued until Wilson, who returned to the original plan of Washington 
 and Adams. t
 
 lxiv ACTUAL GOVERNMENT OF NEW YORK 
 
 between them with respect to the time of adjournment, he 
 
 may adjourn them to such time as he shall think 
 
 Convene proper ; he shall receive ambassadors and other 
 
 Con ETT6SS 
 
 public ministers ; he shall take care that the laws 
 be faithfully executed, and shall commission all the officers of 
 the United States. 
 
 Section 4. — Impeachment 
 
 The President, Vice-President, and all civil officers of the 
 United States, shall be removed from office on 
 Rmovalof impeachment for, and conviction of, treason, brib- 
 
 ery, or other high crimes and misdemeanors. 
 
 ARTICLE III. — JUDICIAL DEPARTMENT 
 Section i . — United States Courts 
 
 The judicial power of the United States shall be vested in one 
 Supreme Court, and in such inferior courts as the Congress may 
 
 from time to time ordain and establish. The 
 established judges, both of the Supreme and inferior courts, 
 
 shall hold their offices during good behavior, and 
 Judges shall, at stated times, receive for their services a 
 
 compensation 1 which shall not be diminished during their con- 
 tinuance in office. 
 
 Section 2. — Jurisdiction of United States Courts 
 
 The judicial power shall extend to all cases, in law and equity, 
 
 arising under this Constitution, the laws of the United States, 
 
 and treaties made, or which shall be made, under 
 
 Federal t i ie ; r authority; — to all cases affecting ambassa- 
 
 Courtsin ^ other public ministers, and consuls; — to all 
 
 General ' r ....... 
 
 cases of admiralty and maritime jurisdiction; — to 
 
 controversies to which the United States shall be a party; — 
 
 to controversies between two or more States; — between a State 
 
 and citizens of another State; 2 — between citizens of different 
 
 1 The Chief Justice of the Supreme Court receives an annual salary of #15,000, 
 while the associates receive $14,500 each. 
 '<* But compare the Eleventh Amendment. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES Ixv 
 
 States ; — between citizens of the same State claiming lands under 
 
 grants of different States, and between a State, or the citizens 
 
 thereof, and foreign states, citizens or subjects. 
 
 In all cases affecting ambassadors, other public ministers and 
 
 consuls, and those in which a State shall be party, the Supreme 
 
 Court shall have original jurisdiction. In all other 
 
 upreme cases before mentioned, the Supreme Court shall 
 
 have appellate jurisdiction, both as to law and fact, 
 
 with such exceptions and under such regulations as the Congress 
 
 shall make. 
 
 The trial of all crimes, except in cases of impeachment, shall 
 
 be by jury ; and such trial shall be held in the State where the 
 
 said crimes shall have been committed : but when 
 Trials 
 
 not committed within any State, the trial shall be at 
 
 such place or places as the Congress may by law have directed. 
 
 Section 3. — Treason 
 
 Treason against the United States shall consist only in levying 
 Treason war against them, or in adhering to their enemies, 
 
 defined giving them aid and comfort. 
 
 No person shall be convicted of treason unless on the testi- 
 mony of two witnesses to the same overt act, or on confession in 
 open court. 
 
 The Congress shall have power to declare the punishment of 
 
 _ . . treason, but no attainder of treason shall work 
 
 Punishment . . , , . . , . , . 
 
 corruption of blood, or forfeiture, except during 
 
 the life of the person attainted. 
 
 ARTICLE IV. — RELATIONS OF THE STATES TO 
 EACH OTHER 
 
 Section i. — Official Acts 
 
 Full faith and credit shall be given in each State to the public 
 acts, records, and judicial proceedings of every other State. And 
 the Congress may by general laws, prescribe the manner in which 
 such acts, records, and proceedings shall be proved, and the effect 
 thereof. 
 
 1
 
 lxvi ACTUAL GOVERNMENT OF NEW YORK 
 
 Section 2. — Privileges of Citizens 
 
 The citizens of each State shall be entitled to all privileges and 
 immunities of citizens in the several States. 
 
 A person charged in any State with treason, felony, or other 
 crime, who shall flee from justice, and be found in 
 
 ugi ives another State, shall, on demand of the executive 
 
 from Justice . ' . 
 
 authority of the State from which he fled, be deliv- 
 ered up, to be removed to the State having jurisdiction of the crime. 
 No person 1 held to service or labor in one State, under the laws 
 thereof, escaping into another, shall, in consequence 
 Fugitive £ an y j aw or re g U j a tion therein, be discharged from 
 
 such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may be due. 
 
 Section 3. — New States and Territories 
 
 New States may be admitted by the Congress into this Union ; 
 but no new State shall be formed or erected within the jurisdic- 
 tion of any other State ; nor any State be formed 
 
 A f d Stat 10n by the J unction of tw0 or more States > or P arts 
 
 of States, without the consent of the Legislatures 
 
 of the States concerned as well as of the Congress. 
 
 The Congress shall have power to dispose of and make all 
 needful rules and regulations respecting the terri- 
 
 Territory tor y or ^ er property belonging to the United 
 
 ^ted States States; and nothing in this Constitution shall be 
 so construed as to prejudice any claims of the 
 
 United States, or of any particular State. 
 
 Section 4. — Protection of the States 
 
 The United States shall guarantee to every State in this Union 
 a republican form of government, and shall protect each of them 
 against invasion, and on application of the Legislature, or of the 
 Executive (when the Legislature cannot be convened) against 
 domestic violence. 
 
 l " Person " here includes slave. This was the basis of the Fugitive Slave 
 Law. It is now superseded by the Thirteenth Amendment 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lxvii 
 
 ARTICLE V.— AMENDMENTS 
 
 The Congress, whenever two-thirds of both houses shall deem 
 
 it necessary, shall propose amendments to this Constitution, or, 
 
 on the application of the Legislatures of two-thirds 
 
 ow , of the several States, shall call a convention for 
 
 proposed .... 
 
 proposing amendments, which, in either case, shall 
 
 be valid to all intents and purposes, as part of this Constitution, 
 
 when ratified by the Legislatures of three-fourths of the several 
 
 States, or by conventions in three-fourths thereof, as the one or 
 
 the other mode of ratification may be proposed by 
 
 °^ , the Congress : provided that no amendment which 
 
 ratified , , ■ , , , . , 
 
 may be made prior to the year one thousand eight 
 
 hundred and eight shall in any manner affect the first and fourth 
 
 clauses in the ninth section of the first article ; and that no State, 
 
 without its consent, shall be deprived of its equal suffrage in the 
 
 Senate. 
 
 ARTICLE VI. — GENERAL PROVISIONS 
 
 All debts contracted, and engagements entered into, before 
 
 the adoption of this Constitution, shall be as valid 
 Public Debt . ^ r . T T . . ^ , ' . _ 
 
 against the United States under this Constitution, 
 
 as under the confederation. 
 
 This Constitution, and the laws of the United States which 
 
 shall be made in pursuance thereof ; and all treaties made, or 
 
 which shall be made, under the authority of the 
 Constitution 1 United States, shall be the supreme law of the 
 
 land ; and the judges in every State shall be bound 
 thereby, anything in the Constitution or laws of any State to the 
 contrary notwithstanding. 
 
 The senators and representatives before mentioned, and the 
 members of the several State Legislatures, and all executive and 
 Official Oath judicial officers, both of the United States and of 
 
 the several States, shall be bound by oath or affirma- 
 
 Religious Test 
 
 tion to support this Constitution ; but no religious 
 
 test shall ever be required as a qualification to any office or 
 
 public trust under the United States. 
 
 1
 
 lxviii ACTUAL GOVERNMENT OF NEW YORK 
 
 ARTICLE VII. — RATIFICATION OF THE 
 CONSTITUTION 
 
 The ratification of the Conventions of nine States shall be 
 sufficient for the establishment of this Constitution between the 
 States so ratifying the same. 
 
 Done in convention, by the unanimous consent of the 
 States present, the seventeenth day of September, in 
 the year of our Lord one thousand seven hundred and 
 eighty-seven, and of the independence of the United 
 States of America the twelfth. 
 
 In witness whereof, we have hereunto subscribed our 
 
 names. 1 
 
 GEORGE WASHINGTON, 
 President, and Deputy from Virginia. 
 
 NEW HAMPSHIRE 
 
 John Langdon 
 Nicholas Gilman 
 
 MASSACHUSETTS 
 
 Nathaniel Gorham 
 Rufus King 
 
 CONNECTICUT 
 
 William Samuel Johnson 
 Roger Sherman 
 
 NEW YORK 
 Alexander Hamilton 
 
 NEW JERSEY 
 
 William Livingston 
 David Brearley 
 William Paterson 
 Jonathan Dayton 
 
 PENNSYLVANIA 
 
 Benjamin Franklin 
 Thomas Mifflin 
 Robert Morris 
 George Clymer 
 Thomas Fitzsimons 
 Jared Ingersoll 
 James Wilson 
 Gouverneur Morris 
 
 DELAWARE 
 George Read 
 Gunning Bedford, Jr. 
 John Dickinson 
 Richard Bassett 
 Jacob Broom 
 
 MARYLAND 
 James M'Henry 
 Daniel of St. Thomas 
 
 Jenifer 
 Daniel Carroll 
 
 VIRGINIA 
 
 John Blair 
 
 James Madison, Jr. 
 
 NORTH CAROLINA 
 
 William Blount 
 Richard Dobbs Spaight 
 Hugh Williamson 
 
 SOUTH CAROLINA 
 
 John Rutledge 
 Charles C. Pinckney 
 Charles Pinckney 
 Pierce Butler 
 
 GEORGIA 
 
 William Few 
 Abraham Baldwin 
 
 A ttest i 
 
 WILLIAM JACKSON, Secretary. 
 
 1 There were sixty-five delegates chosen to the convention : ten did not 
 attend; sixteen declined or failed to sign-, thirty-nine signed. Rhode Island 
 sent no delegates. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lxix 
 
 AMENDMENTS 
 
 Article I. 1 — Congress shall make no law respecting an 
 . establishment of religion, or prohibiting the free 
 
 Speech, Press, exercise thereof ; or abridging the freedom of 
 Assembly, speech, or of the press ; or the right of the people 
 
 Petition peaceably to assemble, and to petition the govern- 
 
 ment for redress of grievances. 
 
 Article II. — A well-regulated militia being necessary to the 
 security of a free State the right of the people to 
 keep and bear arms shall not be infringed. 
 Article III. — No soldier shall, in time of peace, be quar- 
 tered in any house, without the consent of the 
 owner ; nor in time of war but in a manner to be 
 prescribed by law. 
 
 Article IV. — The right of the people to be secure in their 
 
 persons, houses, papers, and effects, against unreasonable searches 
 
 and seizures, shall not be violated, and no warrants 
 
 ^ a r r e c a h s ° s nable shall issue, but upon probable cause, supported by 
 
 oath or affirmation, and particularly describing the 
 
 place to be searched, and the persons or things to be seized. 
 
 Article V. — No person shall be held to answer for a capital, 
 or otherwise infamous crime, unless on a presentment or indict- 
 ment of a grand jury, except in cases arising in the 
 
 Crimina land or naval forces, or in the militia, when in 
 
 Prosecutions . . , , , ,. , 
 
 actual service in time of war and public danger; 
 
 nor shall any person be subject for the same offense to be twice 
 
 put in jeopardy of life or limb; nor shall be compelled in any 
 
 criminal case to be a witness against himself, nor to be deprived 
 
 of life, liberty, or property, without due process of law; nor shall 
 
 private property be taken for public use, without just compensation. 
 
 Article VI. — In all criminal prosecutions, the accused shall 
 
 enjoy the right to a speedy and public trial, by an impartial jury 
 
 1 These amendments were proposed by Congress and ratified by the Legis- 
 latures of the several States, pursuant to the fifth article of the Constitution. 
 The first ten were offered in 1789 and adopted before the close of 1791. They 
 were for the most part the work of Madison. They are frequently called the 
 Bill of Rights, as their purpose is to guard more efficiently the rights of the 
 people and of the states. 
 
 t
 
 lxx ACTUAL GOVERNMENT OF NEW YORK 
 
 of the State and district wherein the crime shall have been com- 
 mitted, which district shall have been previously ascertained by- 
 law, and to be informed of the nature and cause of the accusa- 
 tion ; to be confronted with the witnesses against him ; to have 
 compulsory process for obtaining witnesses in his favor, and to 
 have the assistance of counsel for his defense. 
 
 Article VII. — In suits at common law, where the value in 
 
 controversy shall exceed twenty dollars, the right 
 
 Suits at £ ^ r j a j k ■ sna ii De preserved, and no fact 
 
 Common . . . . , „ , , . . , . 
 
 Law tried by a jury shall be otherwise reexamined in 
 
 any court of the United States than according to 
 the rules of common law. 
 
 Article VIII. — Excessive bail shall not be required, nor 
 Bail, excessive fines imposed, nor cruel and unusual 
 
 Punishments punishments inflicted. 
 
 Article IX. — The enumeration in the Constitution of cer- 
 tain rights shall not be construed to deny or dis- 
 Reserved parage others retained by the people. 
 
 Rights and A & ~, J , , , , 
 
 p owers Article X. — The powers not delegated to the 
 
 United States by the Constitution, nor prohibited 
 by it to the States, are reserved to the States respectively, or to 
 the people. 
 
 Article XI. 1 — The judicial power of the United States shall 
 judicial not be construed to extend to any suit in law or 
 
 Power equity, commenced or prosecuted against any of 
 
 granted t he United States by citizens of another State, 
 
 or by citizens or subjects of any foreign state. 
 
 Article XII. 2 — The electors shall meet in their respective 
 States, and vote by ballot for President and Vice-President, one 
 of whom, at least, shall not be an inhabitant of the same State 
 with themselves ; they shall name in their ballots the person voted 
 for as President, and in distinct ballots the person voted for as 
 Vice-President ; and they shall make distinct lists of all persons 
 voted for as President, and of all persons voted for as Vice-Presi- 
 dent, and of the number of votes for each, which list they shall 
 sign and certify, and transmit sealed to the seat of the government 
 of the United States, directed to the president of the Senate; — 
 
 1 Proposed in 1794; adopted in 1798. 
 
 2 Adopted in 1804. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lxxi 
 
 the president of the Senate shall, in the presence of the Senate 
 and House of Representatives, open all the certificates, and the 
 votes shall then be counted ; — the person having the greatest 
 
 number of votes for President, shall be the Presi- 
 Method of dent, if such number be a majority of the whole 
 
 President a d num ber of electors appointed ; and if no person 
 Vice-President have such majority, then from the persons having 
 
 the highest numbers not exceeding three on the list 
 of those voted for as President,*the House of Representatives 
 shall choose immediately, by ballot, the President. But in choos- 
 ing the President, the votes shall be taken by States, the repre- 
 sentation from each State having one vote ; a quorum for this 
 purpose shall consist of a member or members from two-thirds 
 of the States, and a majority of all the States shall be necessary 
 to a choice. And if the House of Representatives shall not 
 choose a President whenever the right of choice shall devolve 
 upon them, before the fourth day of March next following, then 
 the Vice-President shall act as President, as in the case of the 
 death or other constitutional disability of the President. The 
 person having the greatest number of votes as Vice-President, 
 shall be the Vice-President, if such number be a majority of the 
 whole number of electors appointed ; and if no person have a 
 majority, then from the two highest numbers on the list, the 
 Senate shall choose the Vice-President ; a quorum for the pur- 
 pose shall consist of two-thirds of the whole number of senators, 
 and a majority of the whole number shall be necessary to a choice. 
 But no person constitutionally ineligible to the office of President 
 shall be eligible to that of Vice-President of the United States. 
 Article XIII. 1 — Section i. Neither slavery nor involuntary 
 
 servitude, except as a punishment for crime, whereof 
 abolished ^ ie P ar ty shall have been duly convicted, shall 
 
 exist within the United States, or any place sub- 
 ject to their jurisdiction. 
 
 Section 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 Article XIV. 2 — Section 1. All persons born or naturalized 
 in the United States, and subject to the jurisdiction thereof, are 
 
 1 Adopted in 1865. 
 
 2 Adopted in 1868. 
 
 t
 
 lxxii ACTUAL GOVERNMENT OF NEW YORK 
 
 citizens of the United States and of the State wherein they 
 
 reside. No State shall make or enforce any law which shall 
 
 abridge the privileges or immunities of citizens of 
 
 egroes ma e ^ u n j^- ec j states ; nor shall any State deprive any 
 
 person of life, liberty, or property, without due 
 
 process of law, nor deny to any person within its jurisdiction 
 
 the equal protection of the laws. 
 
 Section 2. Representatives shall be apportioned among the 
 several States according to tteir respective numbers, counting 
 the whole number of persons in each State, excluding Indians 
 not taxed. But when the right to vote at any election for the 
 choice of electors for President and Vice-President of the United 
 States, representatives in Congress, the executive or judicial offi- 
 cers of a State, or the members of the Legislature thereof, is 
 denied to any of the male inhabitants of such State, being 
 twenty-one years of age, and citizens of the United States, or 
 in any way abridged, except for participation in rebellion or other 
 crime, the basis of representation therein shall be reduced in the 
 proportion which the number of such male citizens shall bear to 
 the whole number of male citizens twenty-one years of age in 
 such State. 
 
 Section J. No person shall be a senator or representative in 
 Congress, or elector of President or Vice-President, or hold any 
 office, civil or military, under the United States, or under any 
 State, who having previously taken an oath as a member of Con- 
 gress, or as an officer of the United States, or as a member of 
 any State Legislature, or as an executive or judicial officer of any 
 State, to support the Constitution of the United States, shall have 
 engaged in insurrection or rebellion against the same, or given 
 aid or comfort to the enemies thereof. But Congress may, by a 
 vote of two-thirds of each house, remove such disability. 
 
 Sec/ion 4. The validity of the public debt of the United States, 
 authorized by law, including debts incurred for payment of pen- 
 sions and bounties for services in suppressing insurrection or 
 rebellion, shall not be questioned. But neither the United States 
 nor any State shall assume or pay any debt or obligation incurred 
 in aid of insurrection or rebellion against the United States, or 
 any claim for the loss or emancipation of any slave ; but- all such 
 debts, obligations, and claims shall be held illegal and void. 
 
 t
 
 CONSTITUTION OF THE UNITED STATES lxxiii 
 
 Section j. Congress shall have power to enforce, by appropriate 
 legislation, the provisions of this article. 
 
 Article XV. 1 — Section i. The right of citizens of the United 
 Negroes States to vote shall not be denied or abridged by the 
 
 made Voters United States, or by any State, on account of race, 
 color, or previous condition of servitude. 
 
 Section 2. Congress shall have power to enforce this article by 
 appropriate legislation. 
 
 Article XVI. 2 — The Congress shall have power to lay and 
 collect taxes on incomes, from whatever source derived, without 
 apportionment among the several States, and without regard to any 
 census or enumeration. 
 
 Article XVII. 2 — The Senate of the United States shall be com- 
 posed of two Senators from each State, elected by the people thereof, 
 for six years ; and each Senator shall have one vote. The electors 
 in each State shall have the qualifications requisite for electors of 
 the most numerous branch of the State legislatures. 
 
 When vacancies happen in the representation of any State in the 
 Senate, the executive authoi ity of such State shall issue writs of elec- 
 tion to fill such vacancies : Provided, That the legislature of any 
 State may empower the executive thereof to make temporary appoint- 
 ments until the people fill the vacancies by election as the legislature 
 may direct. 
 
 This amendment shall not be so construed as to affect the elec- 
 tion or term of any Senator chosen before it becomes valid as part 
 of the Constitution. 
 
 Note. The above amendment is in lieu of the first paragraph of 
 section three of Article I of the Constitution of the United States, 
 and in lieu of so much of the second paragraph of the same section 
 as relates to the filling of vacancies. 
 
 Article XVIII. 3 — Section 1. The manufacture, sale, or transpor- 
 tation of intoxicating liquors within, the importation thereof into, or the 
 exportation thereof from the United States and all territory subject 
 to the jurisdiction thereof for beverage purposes is hereby prohibited. 
 
 Section 2. The Congress and the several states shall have concur- 
 rent power to enforce this article by appropriate legislation. 
 
 1 Adopted in 1S70. 2 Adopted in 1913. 3 Adopted in 1919.
 
 INDEX 
 
 Absolute Monarchy, 420 
 Activities of the state, 95, 156 
 Admiralty, jurisdiction, 331 
 Admission of new states, 341 ; 
 
 methods of, 342 
 Affairs under the Articles of Con- 
 federation, 176 
 Agriculture, federal department of, 
 322-323; state college of, 151; 
 state commissioner of, 121; state 
 schools of, 151 
 Aid, state, distribution of, 149 
 Aldermen, city, 48; New York 
 
 City, 62 
 Algonquin Indians, 88 
 Aliens, classes of, excluded from the 
 
 United States, 236 
 Amendment, Articles of Confedera- 
 tion, 179 ; to city charters, 47-48 ; 
 existing, 363-365 ; to federal con- 
 stitution, 362; methods of, 362; 
 New York State, 93 ; other states, 
 
 379 
 
 Amendments : Fourth, 357 ; First to 
 Tenth, 356-360; Eleventh, 332 
 Twelfth, 293 ; Thirteenth, 364 
 Fourteenth, 364; Fifteenth, 365 
 Sixteenth, 228; Seventeenth, 218 
 Eighteenth, lxxiii 
 
 Anarchists excluded from U. S., 236 
 
 Annapolis convention, 180 
 
 Antifederalists, views of, 190 
 
 Antitrust law, 238 
 
 Appeals, court of, state, 132 
 
 Appellate division of the supreme 
 court, state, 131 
 
 Appointing power, of president, 299 ; 
 of Senate, 256 
 
 Apportionment and collection of 
 taxes, 172; of assemblymen, 104- 
 105 ; of congressmen, 204, 211; of 
 state senators, 105, 107 
 
 Arbitration, international, 402. 
 
 Architect, state, 125 
 
 Armies, 241 
 
 Army, United States regular, 242 
 
 Arrest, 135 
 
 Arson defined, 81, 135 
 
 Articles of Confederation, 176, 180, 
 
 185, 200 
 Assault defined, 135 
 Assembly, the right of peaceable, 07, 
 
 355.357 
 
 Assembly, the, 104; officers, 107 
 
 Assemblymen, qualifications, Ap- 
 pendix, xi; salary, 106; term, 
 106 
 
 Assessment roll of taxes, 173; 
 swearing off, 173 
 
 Assessors, city, 50; town, 18; 
 village, 33 
 
 Attainder, bills of, 260 
 
 Attendance upon school compulsory, 
 
 145 
 Attitude of the states, 176 
 Attorney, city, 50; district, 79; 
 
 state attorney-general, 120 
 Auditors, town, 24 
 Australian ballot, 167, 169, 384 
 Authority, conflict of, 351 
 
 Bail, 81 
 
 Ballot, Australian, 167; sample, 
 169; voting by, 167, 384 
 
 Bankruptcy laws, 239 
 
 Banks, state, 101 ; state superin- 
 tendent of, 124 
 
 Best government, what is? 422 
 
 Bill, federal, 354-360 ; federal and 
 state compared, 96 ; of indictment, 
 136; of rights, state, 96 
 
 Bills, of attainder, 260; of credit 
 prohibited to states, 347 ; legis- 
 lative, defined, 109 ; number of, in 
 Congress, 282; reporting of, 274; 
 revenue, to originate in House of 
 Representatives, 254; stages of, 
 269 
 
 lacsv
 
 lxxvi 
 
 INDEX 
 
 Board of aldermen, New York City, 
 62 ; salary of, 64 
 
 Board of canvassers, 77, 168 
 
 Board of education, city, 52; New 
 York City, 68; village, 34-35 
 
 Board of equalization, county, 172, 
 173; state, 173 
 
 Board of estimate and apportion- 
 ment, New York City, 66 
 
 Board of Regents, 141-142, Appen- 
 dix, xliii 
 
 Board of supervisors, 76, 172, 
 173; town, 24 
 
 Borough presidents, New York 
 City, 64, 68 
 
 Bounties, land, 320 
 
 Bribery, denned, 114 
 
 Bridges, superintendent of, county, 
 80; town, 20 
 
 Bryce, James, quoted, 201 
 
 Budget, in cities, 56; state, 171 
 
 Building laws, 53 
 
 Bureaus, federal : animal industry, 
 323; children's, 325; education, 
 321; geological survey, 322; 
 immigrants, 325 ; Indian affairs, 
 321; internal revenue, 315 ; labor 
 statistics, 325; land grants, 320; 
 land office, 319; naturalization, 
 325; patents, 322; pensions, 
 321; plant industry, 323 ; public 
 works, 317; railroads, 322; sur- 
 veys, 320; weather, 323 
 
 Burglary denned, 135. 
 
 Cabinet, character of, 311 ; English, 
 405 ; relations to the president, 
 312; and the unwritten constitu- 
 tion, 372 
 
 Canada, constitution, 413; execu- 
 tive, 414; judicial system, 415; 
 legislature, 414 
 
 Canals, 100 
 
 Candidates, method of choosing, in 
 New York State, 163-165 ; in 
 other states, 382-384 
 
 Canvassers, board of, 77, 168 
 
 Canvassing votes, 77, 168, 385 
 
 Capital, the national, 249 
 
 Captures on land and water, 244 
 
 Career in Congress, 283 
 
 Caucus, congressional, 281 ; in 
 
 legislature, 106 
 Cayuga Indians, 88 
 Census, federal, 204, 324, Appendix, 
 
 liv; state, 104, Appendix, viii 
 Centralized government, 389, 422 
 Challenging a vote, 385 
 Chamber, the House, 266; the 
 
 Senate, 266 
 Chamberlain, city, 50 
 Charge to the jury, 138 
 Charities, board of , 121 ; state, 154 
 Charter, the city, 46-47 ; village, 
 
 28, 30 
 Charter of liberties, New York 
 
 State, 91 
 Children's courts, New York City, 70 
 Chinese, denied naturalization, 247 ; 
 
 exclusion of, 236 
 Choosing candidates, convention 
 
 plan, 163; primary plan, 164, 
 
 .382-384 
 Cities, classified, 47 ; created by 
 
 legislature, 95 
 Citizens, privilege of, granted by 
 
 one state to another, 345-346 
 Citizenship, 159; denied to Chinese, 
 
 247 
 City, 41-60; its business, 46; city 
 
 counties, 62, 75; city manager, 
 
 58 ; finances, 55 ; institutions, 55 ; 
 
 officials, how chosen, 48; terms 
 
 of, 5 1 
 City counties, 75 
 Civic procedure, 134 
 Civil-service commissioner, federal, 
 
 326 ; state, 122 
 Civil War, New York State in, 86 
 Claims, Court of federal, 337 
 Claims, court of, state, 133 
 Clearance of vessels, 236 
 Clerk, city, 59 ; county, 78 ; school 
 
 district, 8; town, 18; village, $3 
 Clinton, George, 141 
 Closure in debate, 276 
 Coinage, power of, 233 
 Collector, city, 50; school district, 
 
 8 ; town, 19 ; village, 33 
 College, electoral, failure of, 296 ; 
 
 veterinary, 149, 152 
 College, State, of Agriculture, 151
 
 INDEX 
 
 lxxvii 
 
 College, State, of Forestry, 149, 152 
 
 Combatants, 202 
 
 Commerce, Department of, and 
 Labor, 323; foreign, 235; inter- 
 state, 237; power to regulate, 235 
 
 Commission, federal trade, 325; 
 interstate commerce, 237, 326 
 
 Commission government, 57-58 
 
 Commissioner, state, of education, 
 142-143; of highways, 125; in- 
 dustrial, 1 10 ; of police, New York 
 City, 67; of railroads, 322 
 
 Commissions and commissioners, 
 state, no, 121-125, 142 
 
 Committee system, the federal, 
 270-274, 277, 278, 280-281, 373; 
 the state, 107 
 
 Common council, 48 
 
 Common-school fund, 150 
 
 Commutation of sentence, by the 
 governor, 116; by the president, 
 299 
 
 Compromises of United States Con- 
 stitution, 187-189 
 
 Comptroller, city, 50; state, 119,172 
 
 Compulsory education, 145-147 
 
 Concurrent powers, 350 
 
 Condemnation proceedings, 44 
 
 Confederation, the, 418 
 
 Congress, adjournment, 222; ap- 
 pointment of members, 204 ; 
 basis of representation in, 188, 
 204, 214; borrowing power, 231; 
 career in, 283 ; closure of debate 
 in, 276; compared with congress 
 of Confederation, 223; compared 
 with Parliament, 196 ; contrast be- 
 tween the Houses of, 282 ; limi- 
 tations upon, 258-261 ; methods 
 of voting in, 275; miscellaneous 
 powers, 245-252; power of, 
 to establish courts, 253 ; power 
 of, to punish counterfeiting, 
 234; power of, to regulate com- 
 merce, 235-238; powers of 
 coinage, 233; procedure in, 222; 
 quorum, 222; sessions of, 221; 
 special powers of the House, 
 254-256; taxing power, 226- 
 231; vacancies, 116, 117, 211; 
 war powers, 240 
 
 Conservation, state commission on, 
 
 122 
 Constable, 20, 81 
 
 Constitution, unwritten, see Un- 
 written constitution 
 Constitution, foreign governments : 
 Canadian, 413; English, 404; 
 French, 410; German, 407; 
 methods of making, 378-381; 
 Switzerland, 415 
 
 Constitution of New York State, 86, 
 appendix, i ; amendment of, 93 ; 
 government established under, 92 ; 
 nature of government under, 89- 
 98 ; number of, 92 ; origin of, 92 ; 
 origin of special provisions, 94 
 
 Constitution of United States 
 amendments of, 362 ; Bryce on 
 201 ; compromises of, 187-189 
 different from British, 196 
 different from Confederation, 197 
 elastic clause of, 253 ; origin 
 of, 193 ; original and inherent 
 powers of, 368 ; ratification of, 
 189-191 ; special provisions, 193 ; 
 stability of, 200 ; suggestions from 
 the states, 194; text of, see 
 Appendix 
 
 Constitutional convention, character 
 of, 181; difficulties of, 184; 
 Franklin in, 183 ; Hamilton and 
 Madison in, 182; origin of, 180; 
 plans submitted, 183, 186; Wash- 
 ington in, 182 ; work of, 184 
 
 Constitutions, of the states, amend- 
 ments, of 379; contents of, 380; 
 existing state constitutions, 381 ; 
 historical changes in, 380; 
 methods of making, 378; origin 
 °f, 377J present process of, 378 
 
 Consular service, 402 
 
 Contract labor, importation of un- 
 lawful, 236 
 
 Convention, Annapolis, 180 ; con- 
 stitutional, 181 ; party, 163-165 
 
 Copyrights and patents, 248 
 
 Cornell University, 149 
 
 Coroners, 81 
 
 Coroners' courts, 81, 133 
 
 Corruption of blood, 334 
 
 Counterfeiting, 234
 
 lxxviii 
 
 INDEX 
 
 Counties in cities, 62, 75 ; created 
 by legislature, 95 
 
 County, the, 75-85, 162 ; in action, 
 81 ; government of, 76 ; its im- 
 portance, 83 ; in New York City, 
 
 68-75 
 
 County clerk, 83, 78 
 
 County court, 81, 130-131 
 
 County judge, 80, 83 
 
 County treasurer, 79, 172 
 
 Court of Claims, federal, 337 
 
 Court of claims, state, 133 
 
 Court of special sessions, municipal, 
 69 ; New York City, 69 
 
 Courts, of appeals, 132 ; appellate 
 division, 131; city, 51, 68, 71; 
 coroners', 81, 133; county, 80, 81, 
 130; duties of, 134; federal, 
 138; of impeachment, 132; mili- 
 tary, 244; state supreme, 131; 
 surrogates', 133; village, 34 
 
 Courts of District of Columbia, 330 
 
 Courts of New York City : children's, 
 70 ; county, 70 ; general sessions, 
 70; inferior, 71; magistrates', 
 69 ; municipal, 69 ; special ses- 
 sions, 69 ; surrogates', 70 
 
 Courts of the United States, 
 enumerated, 330; jurisdiction of, 
 331 ; procedure in, 338 
 
 Courts of the United States : circuit 
 courts of appeal, 335 ; Court of 
 Claims, 337; Court of Customs 
 Appeal, 337; district courts, 336; 
 Supreme Court, 334 
 
 Credit, state, 100 
 
 Crimes, punishment of, 135-139; 
 treason, 334 
 
 Criminal procedure, 135-138 
 
 Criminals, fugitive, 346 
 
 Customs Appeal, Court of, 337 
 
 Debate, closure of, 276 
 
 Debt, the public, 361 
 
 Decentralization in government, 
 389, 421 
 
 Defendant defined, 134 
 
 Democracy, pure and representative, 
 421 
 
 Departments, executive, see Execu- 
 tive departments 
 
 Departments of government, city, 
 48-51; county, 76-83; federal, 
 314-325; state, 104, 115, 131; 
 village, 31-34 
 
 District attorney, 79, 81, 84; 
 federal, 337 
 
 District courts, federal, 336 
 
 District superintendent of schools, 
 24, 80, 144 
 
 District tax, 173 
 
 Division of powers, 349 
 
 Divorce, 97 
 
 Doctrine of national sovereignty, 349 
 
 Domestic violence, protection 
 against, guaranteed, 344 
 
 Drainage systems, 45 
 
 Dutch colony in New York, 89 
 
 Dutch West India Company, The, 89 
 
 Duties, customs, 228 
 
 Duty of the courts, the, 134 
 
 Education, city, 52-53; federal aid 
 of, 150 ; federal Commissioner of, 
 319,321; history of, 141 ; in rural 
 districts, 7-13 ; state department 
 of, 141-150; state commissioner 
 of, 142; in the states, 396-399; 
 town, 24; in villages, 34-35 
 
 Elastic clause of the United States 
 Constitution, the, 253 
 
 Election, districts, 161 ; expenses, 
 163 ; inspectors of, 25 ; in the 
 several states, 385 ; supervision 
 of, 166 ; time of, 162 
 
 Elective officers, city, 48; federal, 
 210, 218, 292; state, 161; town, 
 17 ; village, 31 
 
 Electoral college, failure of the, 296- 
 297 
 
 Electoral commission of 1876, 294 
 
 Electors, presidential, choice of, 
 395 ; discretionary powers of, 
 296, 368 
 
 Eleventh Amendment, 332 
 
 Eminent domain, 42, 97 
 
 Engineer and surveyor, state, 120 
 
 England, cabinet, 405 ; constitution, 
 404 ; executive, 405 ; judicial sys- 
 tem, 406 ; legislature, 404 
 
 English colony, New York an, 90 
 
 Enrollment of party voters, i6j
 
 INDEX 
 
 lxxix 
 
 Entry of vessels, 236 
 
 Equalization, board of, county and 
 state, 172-173 
 
 Estimate and apportionment, board 
 of, New York City, 66 
 
 Excise, state commissioner of, 121 
 
 Excises, 230 
 
 Executive, cabinet departments, 
 311-327; Canadian, 414; county, 
 77; department in city, 49-50; 
 English, 405 ; federal (see Pres- 
 ident), 286-307; French, 410; 
 German, 408 ; in New York City, 
 65-66; salaries of foreign, 291; 
 of state of New York, 114-125; 
 in the states, 389 
 
 Executive departments, federal : 
 agriculture, 322; commerce, 323; 
 history of their creation, 313-314; 
 interior, 319-322; justice, 317; 
 labor, 324; navy, 318; organiza- 
 tion of the, 313; post office, 
 318; state, 314; treasury, 315; 
 war, 316 
 
 Expansion, national, map of, 251, 
 
 Expenditures, educational, 88 
 Ex post facto laws, forbidden, 260 
 Extradition, 346 
 
 Federal courts, 138, 330, 334~33 8 
 Federal government, its guarantees 
 
 to the individual, 356 ; restrictions 
 
 upon, 354 
 Federal state, the, 419 
 Federal trade commission, 325 
 Federalist, The, 190 
 Federalists, views of, 190 
 Feeling between the states, 1 78 
 Fence viewers, 24 
 Fifteenth Amendment, 365 
 Fifth Amendment, 358 
 Filibustering, 275 ; restraints of, 276 
 Finances, city, 55; federal, 228- 
 
 234; New York State, 171; 
 
 state, 394 
 Fire department, city, 54 ; village, 37 
 First Amendment, 356 
 Five Nations, the, 88 
 Foreign affairs, states prohibited 
 
 from, 346 
 
 Foreign commerce, federal control 
 of, 235 
 
 Forestry, State College of, 149, 152 
 
 Forests, 100 
 
 Fourteenth Amendment, 246, 364 
 
 Fourth Amendment, 357-358 
 
 France, government of, defined, 409 ; 
 constitution, 409 ; executive, 410 ; 
 judicial system, 412; legislature, 
 409 
 
 Franchise, 37 ; how obtained, 37 
 
 Franklin, Benjamin, in constitu- 
 tional convention, 183 
 
 Free trade, policy of, 230 
 
 Free transportation forbidden, 114 
 
 Fugitive criminals, 346 
 
 Fundamental law, 1, 93 
 
 Gambling, unlawful, 98 
 
 Game protection, 122 
 
 Garbage, disposal of, 54 
 
 Garfield, James A., quoted, 399 
 
 General sessions court, New York 
 City, 70 
 
 Geological survey, 322 
 
 Germany, constitutional monarchy, 
 407 ; executive, 408 ; judicial 
 system, 408 ; legislature, 407 
 
 Gerrymandering, 210 
 
 Gladstone, William E., quoted, 
 
 193 
 
 Gospel and school lands, 150 
 
 Government, best form of, 422; and 
 business, 2, 125, 314-326; and 
 the Indians, 321; why necessary, 
 5; see village, town, city, state, 
 federal, 201-339 
 
 Governments, foreign, compared, 
 402-423 ; state, see State govern- 
 ment ; tables of : city, 59 ; county, 
 82; state and federal, 175; town, 
 14-25 ; village, 38 
 
 Governors, house of, 117 
 
 Governor, in New York State, 115; 
 in the several states, 390; succes- 
 sion, order of, 115 
 
 Grand jury, 81, 136, 358 
 
 Greater New York, 62 
 
 Grievance day, 173 
 
 Guarantees, of individual rights, 
 356; to states, 344-351
 
 Ixxx 
 
 INDEX 
 
 Guilty, not guilty, no agreement, 
 report of jury, 138 
 
 Habeas corpus, 97, 260 
 
 Hamilton, Alexander, 182, 190 
 
 Health, board of, 37, 39; state com- 
 missioner of, 122; state regulation 
 of, III 
 
 Highways, county superintendent of, 
 80; state commissioner of, 125; 
 town superintendent of, 20 
 
 Historical sketch of education, 141 
 
 Hospitals, county, 84; state com- 
 mission of, 122 
 
 Hours of labor, state regulation of, 
 in 
 
 House bill, in the legislature, 109; 
 stages of a, 269 
 
 House of governors, 117 
 
 House of Representatives, adjourn- 
 ment, 222; chamber of, 266; 
 choice of officers, 212-214; ex- 
 clusion of members, 208 ; number 
 of members, 204; organization, 
 212 ; power of impeachment, 255 ; 
 presidential election in, 255 ; 
 quorum, 222; revenue bills, 254; 
 vacancies, how filled, 211; see 
 also Representatives 
 
 How a bill becomes a law, in the 
 legislature, 109 
 
 How to register, 166 
 
 Hudson, Henry, 88 
 
 Husband and wife, 97 
 
 Immigration, 325 ; restrictions, 236 
 Impeachment, by the assembly, 132 ; 
 by the House of Representatives, 
 
 255 
 Income tax, 228; see Sixteenth 
 
 Amendment 
 Indians, 88; bureau of, 321 
 Indictment, 83, 136 
 Indirect taxes, 228-231 
 Industrial commission, state, no 
 Inferior courts, New York Citv, 71 ; 
 
 federal, 335"337 
 Inheritance, or transfer, tax, 171 
 Initiative, referendum, and recall, 
 
 57, 399 
 Insane, hospitals for the, 153 
 
 Inspection of elections, 25 
 Institutions, city, 55; state, 151-158 
 Insurance, state superintendent of, 
 
 124 
 Interior, Department of the, 319- 
 
 322 
 Internal revenue, 230 
 International arbitration, 402 
 International law defined and terms 
 
 used, 402 
 Interstate commerce, 237 
 Interstate Commerce Commission, 
 
 237, 326 
 Interstate freight tariffs, 178 
 Invasion, protection against, guar- 
 anteed, 344 
 Iroquois Indians, 88 
 
 Judges, city, 51, 68, 71; county, 
 80, 81, 130; federal, 138, 330; 
 state, 128-134; town, 22, 128; 
 village, 34 
 
 Judgment defined, 135 
 
 Judicial department, city, 51; 
 county, 130; federal, 317, 328- 
 339 ; state, 128-139 
 
 Judicial districts, state, map of, 
 105, 162 
 
 Judiciary, federal, defects of, 338; 
 excellences of, 339; need of, 328 
 
 Jurisdiction, of federal courts, 331 ; 
 335 ; of state, 392 
 
 Justice, courts, 22, 128-130; De- 
 partment of, 317 
 
 Justice of the peace, 22, 81 
 
 Labor, Department of, 324-325 
 Land, bounties, 320; grants to 
 education, 320; grants to in- 
 dividuals, 320; rights in, 98 
 Land survey, system of, 320 
 Law, city, 48 ; federal, 268-281 ; fun- 
 damental, 1, 93; military, 244; 
 state, 104-112; town, 17; village, 
 32 
 Legislation, methods of, 268 
 Legislative commissions, 112 
 Legislature, New York State, or- 
 gpnization of, 104 ; powers of, 
 in; procedure in, 109; sessions 
 of, 108; in the states, 386-389
 
 INDEX 
 
 lxxxi 
 
 Letters of marque and reprisal, 244 
 Lieutenant governor, 117 
 Limitations, on Congress, 255 ; on 
 
 the states, 348 
 Limited monarchy, 421 
 Literature fund for schools, 150 
 Logrolling, 274 
 Lotteries illegal, 98 
 Lunacy, state commission in, 122- 
 
 123 
 
 Madison, James, 182, 190 
 Magistrates' courts, in New York 
 
 City, 69 
 Maine, Sir Henry, quoted, 193 
 Majority and minority leaders, in 
 
 assembly, 107 ; in Congress, 281 
 Marriage, 98 
 Marshals, federal, 337 
 Mayor, 49, 65 
 
 Members of Congress, see Congress 
 Messages, of governor, 115; of 
 
 mayors, 49, 65 ; of president, 
 
 300 
 Military duty, 100 
 Military law and courts, 244 
 Military property, 245 
 Military training, 147 
 Militia, the, 100, 243, Appendix, 
 
 xlv 
 Minority leaders, in assembly, 107 ; 
 
 in Congress, 281 
 Mohawk Indians, 88 
 Monarchy, absolute, 420; limited, 
 
 4 21 
 Money, its history, 232 ; limitations 
 
 upon states, 347 
 Mothers' pensions, state provision 
 
 for, in 
 Municipal ownership, 35-37, 53 
 
 National expansion, 197, 376, and 
 
 map, 251 
 National governments compared, 
 
 402-423 
 National guard, 100 
 National sovereignty, doctrine of, 
 
 349 
 Naturalization, 159, 245; denied to 
 Chinese, 247 ; laws concerning, 
 246 ; necessary steps in, 246 
 
 Naval militia, state, 101 
 
 Navies, of the United States, 243 ; 
 of the world, 243 
 
 Navigation laws, 235 
 
 Navy department, 318-319 
 
 New York, charter of liberties, 91 ; 
 constitutions, 92 ; a Dutch colony, 
 89 ; an English colony, 90 ; popu- 
 lation, 88; present constitution, 
 see Appendix 
 
 New York City, 62-74 
 
 Ninth Amendment, 359 
 
 Nominations, 163-165 
 
 Normal college, state, 149 
 
 Normal school, 152 
 
 Northwest Territory, 319 
 
 Oath of office, federal, 1 ; of state 
 officers, 114 
 
 Officers, city, 48, 59; county, 76- 
 82; federal, 204, 312, 330, 337; 
 New York City, 65-71; school 
 district, 7; state, 104, 1 14-125, 
 175; town, 18-25; village, 33, 
 38 
 
 Officials, compensation of : cabinet 
 officials, 312 ; city officials, 65-71 ; 
 county officials, 76-82 ; foreign ex- 
 ecutives, 291 ; members of Con- 
 gress, 220; president, 291 ; state 
 officials, 108, 1 1 5-1 25; town 
 officials, 18-25; vice president, 
 307; village officials, 33-34 
 
 Oneida Indians, 88 
 
 Onondaga Indians, 88 
 
 Overseer of the poor, town, 2 1 ; 
 village, 33 
 
 Panel of jurors, 138 
 
 Parcel post, 318 
 
 Pardon, by the governor, 116; by 
 
 the president, 299 
 Parliament, English, 404, 196 
 Party, origin of, in the United States, 
 
 190; recognition of, 161 
 Party committee, 163 
 Party convention, 163-165 
 Party government, 373 
 Passes, free, unlawful, 114 
 Patent bureau, 322 
 Patents and copyrights, 248
 
 lxxxii 
 
 INDEX 
 
 Patriotism, national, 2 ; state, 86 
 
 Pay roll, of New York City, 125 ; of 
 the state, 125 
 
 Pensions, bureau of, federal, 321 ; 
 for teachers, 145 ; for widowed 
 mothers, in 
 
 Perjury, 138 
 
 Personal liberty, 96, 347, 356 
 
 Personal property, 97, 359 
 
 Personal security, 97, 357 
 
 Persons, classes of, excluded from 
 the United States, 236 
 
 Petit jury, 83, 137 
 
 Petition, the right of, 97, 355, 357 
 
 Physical training compulsory in the 
 schools, 146 
 
 Piracy, 239 
 
 Plaintiff defined, 134 
 
 Plurality, 170, 385 
 
 Police, city, 54; town, 20; village, 34 
 
 Police commissioner, New York 
 City, 67 ; state police, 101 
 
 Political parties, origin of, in United 
 States, 161, 190 
 
 Poll books, 167 
 
 Poll clerks, 25, 166 
 
 Poor, overseers of, 21 
 
 Poor master, 84 
 
 Posse comitatus, 78 
 
 Post-office department, 247, 318 
 
 Post roads defined, 248 
 
 Postal savings banks, 318 
 
 Postal service, 247, 318 
 
 Power to borrow money, 231 
 
 Powers, of the legislature, in; of 
 Congress, 226-261 
 
 Preliminary steps, 4 
 
 Presentment, 358 
 
 Presidency, election methods pro- 
 posed, 291 ; method chosen, 
 292 ; defects of method, 293- 
 297 ; great statesmen and the, 
 305 ; qualifications for, 289 ; 
 views of the convention con- 
 cerning, 286-289 
 
 President of the United States, 
 cabinet, 304 ; eligibility of, 289 ; 
 executive power, 303-304, 306 ; 
 judicial powers, 299; legislative 
 powers, 300-303 ; life of the, 
 304; powers enumerated, 299; 
 
 reeligibility of, 290; removal 
 power, 370; salary, 290; term, 
 treaty making, 302 ; veto, 300 
 
 Presidential election by the House 
 of Representatives, 255 
 
 Presidential electors only party 
 agents,_ 255, 368-370 
 
 Presidential primaries, 297-298 
 
 Presidential succession, 298 
 
 Press, freedom of, 96, 357 
 
 Primary elections, 164; importance 
 of, 165 
 
 Prisons, commission of, 123; state, 
 155; superintendent of , 125 
 
 Private property, 97 ; federal guar- 
 antee of, 359 
 
 Privateering, 244 
 
 Procedure, in courts, 134, 135-138; 
 in impeachment trials, 257; in 
 legislatures, 387 ; in New York 
 State legislature, 109 
 
 Property, military, 245 ; the right of 
 private, 97, 359 
 
 Protection, policy of, tariff, 230 
 
 Protection from invasion, 100, 344 
 
 Provisional limitations upon the 
 states, 348 
 
 Public debt, the, 361 
 
 Public records, 345 
 
 Public-service commissions, state, 
 123 
 
 Public utilities, city, 53 ; village, 35 
 
 Public- welfare laws, no 
 
 Public works, city, 53 ; state super- 
 intendent of, 124; village, 37 
 
 Punishments, 97 ; must not be ex- 
 cessive, 358-359 
 
 Pure democracy, 421 
 
 Qualifications, of assemblymen, Ap- 
 pendix, xi ; for the presidency, 
 289 ; for representatives, 207 ; for 
 state senators, 108; for teachers, 
 148; for United States senators, 
 
 2I 5 . . 
 
 Quarantine, 39 ; commissioner ot 
 
 health, 122 
 
 Quorum, Congress, 222 
 
 Railroads, control of, federal, 237; 
 state, 95
 
 INDEX 
 
 lxxxiii 
 
 Ratification of the Constitution, 
 189 
 
 Real estate, 19 
 
 Recall, 57, 399 
 
 Recognition by the speaker, in the 
 assembly, 107; in Congress, 279 
 
 Record, courts of, 134 
 
 Reeligibility of the president, 290, 
 37o 
 
 Referendum, 57, 93, 99, 196, 399 
 
 Reformatories, state, 154 
 
 Regents, Board of, 141-142, Ap- 
 pendix, xliii 
 
 Registrar of deeds, 78 
 
 Registration, of vessels, 235-236 ; 
 of voters, 166, 384 
 
 Reichstag, the, 407 
 
 Religious freedom, 96, 356 
 
 Removal, the president's power of, 
 370; school district, 12 
 
 Representation of the states, in 
 House of Representatives, 188 ; 
 in United States Senate, 188 
 
 Representative democracy, 421 
 
 Representatives, election of, 210; 
 election expenses of, 212; at 
 large, 211 ; qualifications of, 207; 
 salary of, 220; term of, 208 
 
 Reprieve, by governor, 116; by pres- 
 ident, 299 
 
 Republican form of government 
 guaranteed to the states, 344 
 
 Reserved powers, 349 
 
 Retirement fund for teachers, 145 
 
 Revenue, internal, defined, 230 
 
 Revenue bills, in the House of 
 Representatives, 255 
 
 Revenues, city, 55 ; county, 76 ; 
 federal, 228-231; school dis- 
 trict, 10; state, 171; town, 16; 
 village, 32 
 
 Right of private property, 97, 359 
 
 Right to vote, in cities, 48 ; at federal 
 and state elections, 166-168; 
 at school meeting, 10; at town 
 meeting, 16 ; at village meeting, 
 31 ; women voters, 382 
 
 Robbery, defined, 135 
 
 Roosevelt, Theodore, 116, 337, 370 
 
 Rules committee, 280 
 
 Rural free delivery, 247, 318 
 
 Salaries of public officials: city, 71, 
 county, 77-81; federal, 220, 291, 
 307, 312; state, 106, 108, 115, 
 117-125; town, 18-25 
 
 Sanitation, state regulations con- 
 cerning, in 
 
 Scholarships, state, 149 
 
 School directors, 24 
 
 School districts, 7, 14, 150; officers 
 of, 7-13; political independence 
 of, 11 ; removals in, 12; vacancies 
 in, how filled, 12 
 
 School meeting, annual, 10; busi- 
 ness of, 10; who may vote at, 
 10 
 
 School neighborhood, 12 
 
 School trust funds, 150 
 
 School years, 7 
 
 Schools, agricultural, 151; blind, 
 deaf, and dumb, 153; distri- 
 bution of state aid for, 149 ; 
 normal, 152 ; public, 8, 24, 34, 52, 
 141-150,321, 396-399; state aid 
 to, 148 ; superintendent of, 24, 35, 
 52,80 
 
 Search, the right of, 357 
 
 Secession, the right of, 199 
 
 Secretary of state, federal, 313-314; 
 New York, 118 
 
 Senate, New York State, 107 ; 
 officers, 108; qualifications of 
 members of, 108, Appendix, xi ; 
 salary, 108 ; term, 108 
 
 Senate, United States, adjournment, 
 222; character of its members, 
 267 ; executive powers, 256 ; ju- 
 dicial powers, 257 ; officers of, 219; 
 origin and character, 214-216 ; and 
 the president's appointments, 372 
 
 Senate chamber, federal, 205, 266; 
 state, 129 
 
 Senators of the United States, 
 election of, 216-219; qualifica- 
 tions of, 215; salary, 220; term, 
 
 215 
 Seneca Indians, 88 
 Sessions of the legislature, 108 
 Sewage systems, 45 
 Sheriff, 77, 81, 84 
 Sherman Anti-trust Act, 238 
 Sidewalks, 36
 
 lxxxiv 
 
 INDEX 
 
 Slave trade, 188 
 
 Sovereignty, doctrine of national, 
 
 349 
 Spanish-American War, 251 
 Speaker, of assembly, 106 ; election 
 
 of, 106; powers of, 107 
 Speaker, of House of Representa- 
 tives, how chosen, 212 ; powers of, 
 278-280; clerk as, 212 
 Special courts, 132 
 Special sessions, court of, 69 
 Speech, freedom of, 96, 357 
 State, the divisions of : assembly 
 districts, 104-105, 162; cities, 
 47 ; congressional districts, 162 ; 
 counties, 75 ; election districts, 
 161; judicial districts, 131, 162; 
 school districts, 7 ; senatorial dis- 
 tricts, 104-105 ; towns, 14 
 State activities, 95 ; federal, defined, 
 
 419; unitary, defined, 418 
 State colleges, 149 
 State constitutions, amendments 
 to, 379; contents, 380; existing 
 constitutions, 381 ; historical 
 changes in, 380; methods of 
 making, 378; present process 
 of making, 378; origin of, 377 
 State control of banks, io*: 
 State engineer and surveyor, 120 
 State governments. 376-401 
 State regulation, of cities, 41, 62, 
 95 ; of counties, 75, 95 ; of educa- 
 tion, 7, 95; of elections, 159; of 
 health, in; of hours of labor, 
 in; of personal rights, 96-97; 
 of property, 95-97 ; of towns, 
 14, 95 ; of villages, 27, 95 [101 
 State scholarships, 149; police, state, 
 States, admission of new, 341 ; at- 
 titude of, toward the Constitution, 
 176 ; courts of, 392-393 ; diversities 
 and uniformities among the, 376 ; 
 education in, 396; elections in, 
 385 ; executive officers of, 389 ; 
 feeling between the, 178; finances 
 of, 394 ; governments described, 
 381; guarantees 10,344-346; im- 
 portance of governments, 399 ; in- 
 itiative and referendum, 399-400; 
 judges, 394; legislatures of, 386; 
 
 limitations upon , 346-349 ; obli- 
 gations of, towards each other, 
 345 ; relation to federal govern- 
 ment, 198; suffrage in, 382; taxes 
 
 of, 394 
 
 Street railways, 37 
 
 Streets, center of city life, 42 ; 
 cleaning, 43, 45, 53; com- 
 missioner, 33, 50; how laid out, 
 42-44; lighting, 37; permission 
 to use, how obtained, 45 
 
 Succession to office, of governor, 
 115; of president, 298 
 
 Suffrage, in the nation, 206 ; in 
 New York, 159-160; a privi- 
 lege, 159; in the states, 382; 
 woman, 382 
 
 Summons defined, 135 
 
 Superintendent, of banks, 124; 
 of highways, 20, 21, 80, 84, 172; 
 of insurance, 124; of poor, 79, 
 172; of prisons, 125; of public 
 works, 124; of schools, 52, 144 
 
 Supervisors, board of, 18, 76, 84, 172 
 
 Supervisory district, 144 
 
 Supreme court, of New York City, 
 70; state, 131; in the states, 392, 
 
 394 
 Supreme Court of the United States, 
 
 334; judges, how appointed, 331 ; 
 
 jurisdiction, 335 ; named in the 
 
 Constitution, 330, Article III, 
 
 Sec. 1 ; sessions, 335 
 Surrogate's court, 80, 83, 133; 
 
 New York City, 70 
 Survey, geological, 322; of public 
 
 lands, 320 
 Syracuse University, State College 
 
 of Forestry located at, 149 
 
 Tariff, defined, 174, 228-229; inter- 
 state, 178 
 
 Tax, defined, 228; income, in the 
 states, 394-396 
 
 Tax commissioner, state, 123 
 
 Taxes, apportionment of, 172; in 
 cities, 56; collection of, 231; 
 federal, 3, 228-229; indirect, 
 228; in school districts, 8 
 
 Taxing power of Congress, 226; 
 restrictions upon, 228, 229
 
 INDEX 
 
 lxxxv 
 
 Teachers, qualifications and training 
 of, 148 
 
 Term of the president, 290 
 
 Terms used in court : arrest, 135 ; 
 arson, 135; assault, 135; bill of 
 indictment, 136; burglary, 135; 
 charge to the jury, 138; crime, 
 139; defendant, 134; grand jury, 
 136; guilty, 138; indictment, 136; 
 judgment, 135 ; panel of jurors, 
 138; perjury, 138; petit jury, 
 137; plaintiff, 134; procedure, 
 134; robbery. 135; summons, 
 135; trial, 137; verdict, 135; 
 warrant, 135 
 
 Territories, government of, 250 ; 
 new classification of, 252; or- 
 ganized and unorganized, 251; 
 the northwest, 319 
 
 Territory, acquisition of, by United 
 States, 319; Northwest, 319 
 
 Thirteenth Amendment, 364 
 
 Titles of nobility, 261 
 
 Topics for discussion, 73, 74, 158, 
 310 
 
 Town, government of, 14-16; his- 
 tory of, 14 
 
 Town auditors, 24 
 
 Town board, 24 
 
 Town clerk, 18 
 
 Town meeting, powers of, 16, 17; 
 who may vote at, 16; time of 
 holding, 16 
 
 Towns, number of, 14 
 
 Training, physical and military, 
 146-147 
 
 Transfer of cases from state to 
 federal courts, 333 
 
 Treason, 334 
 
 Treasurer, city, 50 ; count}-, 79 ; 
 federal, 316; school district, 8; 
 state, 119; village, ^s 
 
 Treasury Department, federal, 315- 
 316 
 
 Treasury notes, nature of, 234 
 
 Treaties, 302 
 
 Trial by petit jury, 317 
 
 Truant, arrest of, 146 
 
 Trustees, school district, 8 ; vil- 
 lage, 32 
 
 Trust funds, school, 150 
 
 Trusts, defined, 238; regulation 
 
 of, 238-239 
 Twelfth Amendment, 293 
 
 Union, relation to states, 198-199 
 Union free school district, 11 
 Unitary state, the, 418 
 United States deposit fund, 150 
 United States land grant fund, 150 
 University of the State of New 
 
 York, 141-144 
 Unwritten constitution, the cabinet 
 and the, 372 ; committee system 
 and the, 373; development of, 367 ; 
 doctrine of original and inherent 
 powers in, 368 ; party government 
 and the, 373-374; president and 
 his power of removal, 370-372 ; 
 president's nominations and the 
 Senate, 372 ; presidential electors, 
 368-370; reeligibility of the presi- 
 dent, 370 
 
 Vacancies, appointive offices in 
 cities by mayor, see Mayor; in 
 Congress, 117, 211, see Seventeenth 
 Amendment; in school district, 
 12; in some state offices, 1 21-125; 
 in town offices, 25 
 Verdict defined, 135 
 Verrazano, 88 
 
 Veterinary, state college of, 149, 152 
 Veto, of governor of New York, 116 ; 
 of governors (state), 391; of 
 mayor, 50-65, 66; of the presi- 
 dent, 300—302 
 Vice president, 306—307 ; duties, 
 307 ; eligibility, 306 ; salary, 307 ; 
 term, 307 
 Village, board of education, 34; 
 classified, 31; created by legis- 
 lature, 95 ; election of officers, 
 31; executive, 33; judicial, 34; 
 legislative, 31 ; need of, 28; presi- 
 dent of, ^^ ; relation of, to town, 
 28; board of trustees, 32 
 Milage government (table), 38 
 Village meeting, 32; voters at, 32 
 Votes, canvassing of, 168, 385 
 Voting, Australian system, 167, 169,
 
 lxxxvi 
 
 INDEX 
 
 384 ; in Congress, 275 ; illegal, 385 ; 
 methods of, 167-168 ; New Zealand 
 ballot, 57 
 
 War, declaration of, 241 
 
 War department, 316; powers of 
 
 Congress, 240 
 Warrant, 81; denned, 135, 357 
 Washington, George, in constitutional 
 
 convention, 182; inauguration 
 
 of, 191 
 Water supply, 36, 45 
 Weights and measures, 240 
 Women, as voters in New York, 
 
 160, v ; as voters in several states, 
 
 160, 382 
 Workmen's Compensation Act, in, 
 
 appendix, v
 
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