HomeMy WebLinkAboutNew York State Constitution 18943 2
Section 4. Laws shall be made for ascertaining, by proper proofs, or indictments for libels, the truth may be given in evidence
the citizens who shall be entitled to the right of suffrage hereby to the jury; and if it shall appear to the jury that the matter
established, and for the registration of voters; which registration Charged as libelous is true, and was published with good
shall be completed at least ten days before each election. Such motives and for justifiable ends, the party shall be acquitted;
and the jury shall have the right to determine the law and the
registration shall not be required for town and village elections fact.
except by express provision of law. In cities and villages having Section 9. No law shall be passed abridging STATE OF NEW YORK.
g b the right of the
five thousand inhabitants or more, according to the last preceding people peaceably to assemble and to petition the government, or
any department thereof ; nor shall an
state enumeration of inhabitants, voters shall be registered upon y divorce be granted other-
wise than. by due judicial proceedings ; nor shall any lottery or the
personal application only; but voters not residing in such cities sale of lottery tickets ool-sellin Off4c of the-,CrrCtaY� of *tatct
p g, book -making, or any other kind
or villages shall not be required to apply in person for registration of gambling hereafter be authorized or allowed within this St ALI3aNY October 3, 1894.
at the first meeting of the officers having charge of the registry - ate;
and the Legislature shall pass appropriate laws to prevent offenses G.4
of voters. against any of the provisions of this section. To the Clerk of the County of
Section 5. All elections by the citizens, except for such town Section 10. The people Of this State, in their right of sovereignty,
officers as may by law be directed to be otherwise chosen, shall
are deemed to possess the original and ultimate property g Y�
be by ballot, or by such other method as may be to all lands within the jurisdiction of the State; 1and all l lands Pursuant to section ten of chapter eight, laws of eighteen hundred
y prescribed by the title to which shall fail, from a do -feet of heh,s, sh;tll revert,
law, provided that secrecy in voting be preserved. and ninety-three, which provides that the amended State Constitu-
Section 6. All laws creating, regulating or affecting boards of or escheat to the people.
tion or Revised State Constitution shall be submitted to the people
Section 11. All feudal tenures of every description, with all their
for their adoption or rejection in November, eighteen hundred and
officers charged with the duty of registering voters, or of dis-
incidents, are declared to be abolished saving however, all rents ninety-four, and in accordance with the resolution of the Constitu-
tributing ballots at the polls to voters, or of receiving, recording and services certain which at any time heretofore have been law.
fully created or reserved. D
or counting votes at elections, shall secure'equai representation rional Convention of eighteen hundred and ninety-four herein set
at the Section 12. All lands within this State are declared to be forth, notice is hereby given that the following Revised Constitution
of the two political parties which
general election next allodial so that, subject Only to the liability to escheat, the en- and, the amendments therein provided will be submitted to the
preceding that for which such boards or officers are to serve, cast
tire and absolute property is vested in the owners, according to
the highest and the next highest number of votes. All such the nature of their respective estate& people �f rh;� Mare for rt,�;r r�tot,t;on or rejection on the day here-
the
fixed as the day ui general election in November one thou -
boards and officers shall be appointed or elected in such manner, Section 13. No lease or grant of agricultural land for a longer sand eight hundred and ninety-four, in the manner provided for in
and upon the no+nination of period than twelve years, hereafter made, in which shall be
.,nch representatives of said parties reserved any rentor service of any kind, shall be valid. the said resolution adopted by the said Constitutional Convention.
respectively, as the Legislature may direct. Existing laws on Section 14. All fines, quarter sales, or other like restraints
shall otherwise upon
this subject shall continue until the Legislature
alienation, reserved in any grant of ]and hereafter to be mado,
provide. This section shall not apply to town meeting's, or to village I shall be void.
elections. ----------
Section 15. No purchase Or contract for the sale of lands in
ARTICLE III, this State, made since the fourteenth day of October, one thou -
Section 1. The legislative power of this State shall be vested in benmadeeofhordwi h the Indians,red and t shall e vagi which may hereafter
the Senate and Assembly.be valid, unless made
under the authority, and with the consent of the Legislature.
Section 2. The Senate shall consist of fifty members, except as
Section ► 6. Snell parte of the common law, and of the acts of the THE CONSTITUTION
Legislature of the colony of New York, as together did form the
hereinafter provided. The senators elected in the year one thou-
sand eight hundred and ninety-five shall hold their offices for three law of the said colony, on the nineteenth day of April, nue thon-
sand seven hundred and seventy-five, and .the resolutions of the of THE
years, and their successors shall be chosen for two years. The Congress of the said colony, and of the convention of the State
Assembly shall consist of one hundred and fifty members who of New York, in force on the twentieth day of April, one STATE OF NI -w VQRj{,
e no,
thousand seven hundred and seventy-sevenwhich have shall be chosen for one year. t since
------- expired, or been repealed or altered; and such acts of the Legis- --
Section 3. The State shall be divided into fifty districts to be lature of this State as are now in force, shall be and continue s
the law of this State, subject to such alterations as the Legisla- ADOPTED IN CONVENTION,
Called senate districts, each of which shall choose one senator.
ture shall make concerning the same. But all such parts of the
The districts shall be numbered from one to fifty, inclusive. common law, and such of the said acts, or parts thereof, as are SEPTEMBER TWENTY-NINTH, ONE THOUSAND EIGHT
District number one (1) shall consist of the counties oP Suffolk repugnant to this Constitution, are hereby abrogated.
and Richmond. I Section 17. All grants of land within this State, made by the HUNDRED AND NINETY-FOUR.
istrict number two (2) shall consist of the county of Queens. king of Great Britain, or persons acting under his authority, after
D
the fourteenth day of October, one thousand seven hundred and [The part herein underscored, italicized onset tip in bolder -faced type indicates new matter.]
District number three (3) shall consist of that part of the seventy-five, shall be null and void; but nothing contained in this
county of Kings comprising the first, second, third, fourth, fifth Constitution shall affect any grants of land within this State,
and sixth wards of the city of Brooklyn. made by the authority of the said king or his predecessors, or
t t Ai..ai ��. �, shall annul any rlwxters to bodies 7{�ohtu a td corrw�r;tte. by him We, the people of the State of New York, grateful to Almighty
DiBtrict nunk_bur fvu d ��- -- Or them made, before that day; Or Stlall al act c Swell rants Or
y g God for our freedom, in' order to secure its blessings, do estab-
of Kings comprising the seventh, thirteenth, nineteenth and charters since made by this State, or by persons acting under its fish this Constitution.
twenty-first wards of the city of Brooklyn. authority; or shall impair the obligation of any debts contracted ARTICLE L
by the State, or individuals, or bodies corporate, or any other
District number five (5) shall consist of that pari: of the county rights of property, or any suits, actions, rights of action, or other Section 1. No member of this State shall be disfranchised,
of Kings comprising the ei,dii h, tent l+, iw) I I'I h ,+n l I l+i rl i t l+ wards proceedings in courtsof justice. or deprived of any of the rights or privileges secured to any Citi-
zen thereof, unless by the law of the land, or the judgment of
of the city of Brooklyn, and the ward nf• the city of Ilr)oklyn Section 18. The right of action now existing to recover damages his peers.
which was formerly tile town of Gravesend. for injuries resulting in death, shall never be abrogated; and the Section 2. The trial by jury in all cases in which it has been
District number six (6) shall consist of that part of the county amount recoverable shall not be subject to any statutory heretofore used shall remain inviolate forever; but a jury trial
of Kings comprising the ninth, eleventh, twentieth and twenty- limitation. may be waived by the parties in all civil cases in the manner to
second wards of the city of Brooklyn.
ARTICLE II. be prescribed by law.
Section 1. Every male citizen of the age of twenty-one years, it 'Section 3. The free exercise and enjoyment of religious profes-
District number seven (7) shall consist of that part of the county cion and worship, without discrimination or
who shall have been a citizen for ninety days, and an inhabitant p, preference, shall
of Kings comprising the fourteenth, fifteenth, sixteenth and seven- forever be allowed in this State to all mankind; and no person
teenth wards of the city of Brooklyn.
this State one ,year next preceding art election, and for the last shall be rendered incompetent to be a witness on account of his
nfour months a resident of the county and for the last thirty days opinions on matters of religious belief; but the liberty of con -
District number eight (8) shall consist of that part of the count it
_ y a resident of the election district in which he may offer his vote, science hereby secured shall not be so construed as to excuse
of Kings comprising the twenty-third, twenty-fourth, twenty-fifth- shall be entitled to vote at such election in the election district acts of licentiousness, or justify practices inconsistent with the
and twenty-ninth wards of th. city of Brooklyn, and the town of of which he shall at the time be a resident, and not elsewhere, peace or safety of this State.
for all officers that now are or hereafter may be elective by the
Flatlands. Section 4. The privilege of the writ of habeas corpus shall not
people; and upon all questions which may be submitted to the be suspended, unless when, in cases of rebellion or invasion, the
District number nine (9) shall consist of that part of the county _ vote of the people, provided that in time of war no elector in
of Kir.gs comprising the eighteenth, twenty-sixth, twenty-seventh
the actual military service of the State, or of the United Statesy public safety may require its suspension.
in the army or navy thereof, shall be deprived of his vote bySection 5. Excessive bail shall not be inquired nor excessive
and twenty-eighth wards of the city of Brooklyn. reason of his absence from such election district; and the Legis- fines imposed, nor shall cruel and unusual punishments be in.
District number ten (10) shall consist of that part of the county +lature shall have power to provide the manner in which and the flicted, nor shall witnesses be unreasonably detained.
of New York within and bounded by a line beginning at Canal time and place at which such absent electors may vote, and for Section 0. No person shall be held to answer for a capital or
the return and canvass of their votes in the election districts in
street and the Hudson river, and running thence along Canal street, i which they respectively reside. otherwise infamous crime (except in cases of impeachment, and
in cases of militia when in actual service, and the land and
Hudson street, Dominick street, Varick street, Broome street, I Section 2. No person who shall receive, accept, or offer to receive
naval forces in time of war, or which this State may keep with
Sullivan street, Spring street, Broadway, Canal street, the Bowery, or pay, offer or promise to pay, contribute, offer or promise to the consent of Congress in time of peace, and in cases of petit
Division street, Grand street and Jackson street, to the East river contribute to another, to be paid or used, any money or other larceny, under the regulation of the Legislature), unless on pre -
valuable thing as a compensation or reward for the giving or sentment or indictment of a grand jury, and in any trial in any
and thence around the southern end of Manhattan Island, to the withholding a vote at an election, or who shall make any prom- court whatever the party accused shall be allowed to appear
place of beginning, and also Governor's, Bedlow's and Ellis islands. ise to influence the giving or withholding any such vote, or who and defend in person and with counsel as in civil actions. No
shall make or become directly or indirectly interested in any person shall be subject to be twice put in jeopardy for the same
District number eleven (11) shall consist of that part of the bet or wager depending upon the result of any election, shall offense; nor shall he be compelled in any criminal case to be a
county of New York lying north of district number ten, and vote at such election; and upon challenge for such cause, the witness against himself; nor be deprived of life liberty or prop -
person so challenged, before the officers authorized for that Pur- erty without due process of law; nor shall private property be
within and bounded by a line beginning at the junction of Broad -
pose shall receive his vote, shall swear or affirm before such taken for public use without just compensation.
way and Canal street, and running thence along Broadway, officers that he has not received or offered, does not expect to
Fourth street, the Bowery and Third avenue, St. Mark's receive, has not paid, offered or promised to pay, contributed, Section 7. When private uroperty shall be taken for any public
place, Avenue A, Seventh street, Avenue B, Clinton street, Riv-
offered or promised to contribute to another, to be paid or used, use, the compensation to be made therefor, when such compe;nsa-
any money or other valuable thing as a compensation or reward tion is not made by the State, shall be ascertained by a jury, or by
ington street, Norfolk street, Division street, Bowery and Canal for the giving or withholding a vote at such election, and has not less than three commissioners appointed by a court of record,
not made any promise to influence the giving or withholding as shall be prescribed by law. Private roads may be opened
street, to the place of beginning;, of an such vote nor made or become directly or indirectly in the manner to be prescribed by law; but in every case the
y , y y inter -
District number twelve (12) shall consist of that part of the ested in any bet or wager depending upon the result of such necessity of the road and the amount of all damage to be sus,
county of New York lying north of districts numbers ten and eleven election. The Legislature shall enact laws excluding from the tainted by the opening thereof shall be first determined by a jury
of freeholders, and such amount, together with the expenses of the
and within and bounded by a line beginning at Jackson street right of suffrage all persons convicted of bribery or of any infa- proceeding, shall be paid by the person to be benefited. General
and the East river, and running thence through Jackson street., mous crimelaws may be passed permitting the owners or occupants of agri-
Grand street, Division street, Norfolk street, Rivington street, Section 3. For the purpose of voting, no person shall be deemed cultural lands to construct and maintain for the drainage thereof,
to have gained or lost a residence, by reason of his presence
Clinton street, Avenue B, Seventh street, Avenue A, St. Marks or
absence, while employed in the service of the United States; nor necessary drains, ditches and dykes upon the lands of others, under
place, Third avenue, East Fourteenth street to the East river, and while engaged in the navigation of the waters of this State, or proper restrictions and with just compensation, but no special laws
along the East river, to the lace of beginning. of the United States, or of the high seas; nor while a student
P g g• shall be enacted for such purposes.
b of any seminary of learning; nor while kept at any alms -house,
District number thirteen (13) shall consist of that part of the or other asylum, or institution wholly or partly supported at pub, Section S. Every citizen may freely speak, write and publish his
county of New York lying; north of district number ten, and lieexpense, or by charity; nor while confined in any public sentiments on all subjects, being responsible for the abuse of
that right; and no law shall be passed to restrain or abridge the
within and bounded by a line beginning at the Hudson river at prison. i liberty of speech or of the press. In all criminal prosecutions
s
are separated only by public waters, shall have more than one-half
of all the senators.
The ratio for apportioning senators shall always be obtained by
dividing the number of inhabitants, excluding aliens, by fifty, and
the Senate shall always be composed of fifty members, except that
if any county having three or more senators at the time of any
apportionment shall be entitled on such ratio to an additional sen-
ator or senators, such additional senator or senators shall be given
to such county in addition to the fifty senators, and the whole num-
ber of senators shall be increased to that extent.
Section 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. Ever
J
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 inhabi-
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tants 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 t —every
county, including Fulton and Hamilton as on ,
e county, containing less
than the ratio and one-half over. Two members shall be apportioned
to every other county. The remaining members of assembly shall be
apportioned to the counties having more than two ratios according
to the number of inhabitants, excluding aliens. Members appor-
tioned 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: Albany county,
four members; Allegany county, one member; .Broome county,
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two members; Cattaraugns county, two members; Cayuga county,
two members; Chautauqua county, two members; Chemung
county, one member; Chenango county, one member; Clinton
county, one member; Columbia county, one member; Cortland
county, one member; Delaware county, one member; Dutchess
county, two members; Erie county, eight members; Essex county
one member; Franklin county, one member;Felton and Hamilton
counties, one member;
Genesee county, one member; Greene
county, one member; Herkimer county, one member; Jefferson
County, t �
3, two members; Dings county, twenty-one members; Lew,*s
county, one member; Livingston county, o❑e member; Madison 1
county, one member; Monroe county, four members; Montgomery
county, one member; New York county, thirty-five mem-
bers; Niagara county, two members; Oneida county, three
members; Onondaga county, four members ; Ontario county,
one member; Orange county, two members; Orleans county, one
member; Oswego county, two members; Otsego county, one
member; Putnam county, one member; Queens county, three
members; Rensselaer county, three members; Richmond county,
one member; Rockland county, one member; St. Lawrence
county, two members ; Saratoga county, one member ; Schenectady
county, one member; Scholiarie county, one member ; Schuyler
county, one member; Seneca county, one member; Steuben county,
two members; Suffolk county, two members; Sullivan county,
one member; Tioga county, one member; Tompkins county, one
member; Ulster county, two members; Warren county, one
member; Washington county, one member; Wayne county, one
member; Westcht county, three members; Wyoming county, a
one member, and Yates county, one member.
In any county entitled to more than one member, the board of
supervisors, and in any city embracing an entire county and having
no board of supervisors, the common council, or if there be none, P'
the body exercising the powers of a common council,
shall assemble on the second Tuesday of June, one thousandcie tgl
hundred and ninety-five, and at such times as the Legislature j
making an apportionment shall prescribe, and divide such counties
into assembly districts as nearly equal in number of inhabitants, exclud-
ing aliens, as may be, of convenient and contiguous territory in as
compact form as practicable, each of which shall be wholly within a
senate district formed under the same apportionment, equal to the
number of members of assembly to which such county shall be
entitled, and shall cause to be filed in the otlice 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 enum-
eration ; and such apportionment and districts shall remain unal-
tered until another enumeration shall be made, as herein pro- l
vided; but said division of the city of Brooklyn and the county
of Kings to be made on the second '2`uesday of June, one thousand
eight hundred and ninety-five, shall be made by the com-
mon council of the said city and the board of supervisors of said
5
District number twenty-six (26) shall consist of the counties of
Delaware, Chenango and Sullivan.
District number twenty-seven (27) shall consist of the counties
Of Montgomery,,, Fulton, Hamilton and Sc4oharie.
District number twenty-eight (28) shall consist of the counties
of Saratoga, Schenectady and Washington
District number twenty-nine (29) shall consist of the county of
Albany.
District number thirty (30) shall consist of the county of
Rensselaer.
District number thirty-one (31) shall consist of the counties of
Clinton, Essex and Warren.
District number thirty-two (32) shall consist of the counties of
St. Lawrence and Franklin.
District number thirty-three (33) shall consist of thecounties
of Otsego and Herkimer.
District number thirty-four (34) shall consist of the county of
Oneida. —
District number thirty-five (35) shall consist of the counties! of
Jefferson and Lewis. `
District number thirty-six (36) shall consist of the county of
Onondaga.
District number .thirty-seven (37) shall consist of the counties
Of Oswego and Madison. —'
District number thirty-eight (38) shall consist of the counties
of Broome, Cortland and 'Tioga. —
District number thirty-nine (39) shall consist of the counties of
Cayuga and Seneca- —'
District number forty (40) shall consist of the counties of
Chemung, Tompkins and Schuyler.
District number forty-one (41) shall consist of the countiesi of
Steuben and Yates.
District number forty-two (42) shall consist of the counties of
Ontario and Wayne.
District number forty-three (43) shall consist of that part of
the county of Monroe comprising the towns of Brighton, Henri- I
etta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and
Webster, and the fourth, sixth, seventh, eighth, twelfth, thirteenth,
fourteenth, sixteenth, seventeenth and eighteenth wards of the
city of Rochester, as at present constituted.
District number forty-four (44) shall consist of that part of the
county of Monroe comprising the towns of Chili, Clarkson, Gates,
Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland,
and the first, second, third, fifth, ninth, tenth, eleventh, fifteenth,
nineteenth and twentieth wards of the city of Rochester, as at
present constituted.
District number forty-five (45) shall ennsist of the counties of
Niagara, Genesee and Orleans.
District number forty-six (46) shall consist of the counties of
Allegany, Livingston and Wyoming.
District untriber forty-seven (47) shall consist of that part of the
county of Erie comprising the first, second, third, sixth, fifteenth,
nineteenth, twentieth, twenty-first, twenty-second, twenty-third
and twenty-fourth wards of the city of Buffalo, as at present
constituted.
District number forty-eight (48) shall consist of that part of the
county of Erie comprising the fourth, fifth, seventh, eighth, ninth,
tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards
of the city of Buffalo, as at present constituted.
District number forty-nine (49) shall consist of that part of the
county of Erie comprising the seventeenth, eighteenth and twenty-
fifth wards of the city of Buffalo, as at present constituted ; and
all the remainder of the said county of Erie not hereinbefore
District number fifty (50) shall consist of the counties of Chau-
tauqua and Cattaraugns.
Section 4. An enumeration of the inhabitants of the State shall
be taken tinder the direction of the Secretary of State, during the
months of Ma,v and .Tina in +i,n ».,,, --- +t __ ,._a _-_
and the said districts shall be so altered by the Legislature at the
first regular session after the return of every enumeration, that
each senate district shall contain as nearly as may be an equal
number of inhabitants, excluding aliens, and be in as compact form
as practicable, and shall remain unaltered until the return of
another enumeration, and shall at all times, consist of contiguous
territory, and no county shall be divided in the formation of a
senate district except to make two or more senate districts wholly
in such county. No town„ and no block in a city inclosed by
streets or public ways, shall be divided in the formation of
senate districts; nor shall any district contain a greater excess
in population over an adjoining district in the same county, than
the population of a town or block therein, adjoining such district.
Counties, towns or blocks which, from their location, may be
included in either of two districts, shall be so placed as to make
said districts most nearly equal in number of inhabitants, excluding
aliens.
No county shall have four or more senators unless it shall have a
full ratio for each senator. No county shall have more than one-
third of all the senators; and no two counties or the territory
thereof as now organized, which are adjoining counties, or which
4
the foot of Canal street, and running thence along Canal street,
Hudson street, Dominick street, Varick street, Broome street,
Sullivan street, Spring street, Broadway, Fourth street, the Bowery
and Third avenue, Fourteenth street, Sixth avenue, West Fifteenth
street, Seventh avenue, West Nineteenth street, Eighth avenue,
West Twentieth street, and the Hudson river, to the place of
beginning.
District number fourteen (14) shall consist of that part of the
county of New York lying north of districts numbers twelve
and thirteen, and within and bounded by a line beginning at East
Fourteenth street and the East river, and running thence along East
Fourteenth street, Irving place, East Nineteenth street, Third
avenue, East 'Twenty-third street, Lexington avenue, East Fifty-
third street, Third avenue, East Fifty-second street, and the East
river, to the place of beginning.
District number, fifteen (15) shall consist of that part of the
county of New York lying north of district number thirteen, and
within and bounded by a line beginning at the junction of West
Fourteenth street and Sixth avenue, and running thence along
Sixth avenue; West Fifteenth street, Seventh avenue, West For-
tieth street, Eighth avenue, and the transverse road across Central
park at Ninety-seventh street, Fifth avenue, East Ninety-sixth street,
Lexington avenue, East Twenty-third street, Third avenue, East
Nineteenth street, Irving place and Fourteenth street, to the place
of beginning.
District number sixteen (16) shall consist of that part of the
county of New York lying north of district number thirteen,
and within and bounded by a line beginning at Seventh avenue
and West Nineteenth street, and running thence along West Nine-
teenth street, Eighth avenue, West Twentieth street, the Hudson
river, West Forty-sixth street, Tenth avenue, West Forty-third
street, Eighth avenue, West Fortieth street and Seventh avenue, to
the place of beginning.
. District number seventeen (17) shall consist of that part of the
County of New York lying north of district number sixteen, and
within and bounded by a line beginning at the junction of Eighth
avenue and West Forty-third street, and running thence along West
Forty-third street; Tenth avenue, West Forty-sixth street, the Hud-
son river, West Eighty-ninth street, Tenth or Amsterdam avenue,
West Eighty-sixth street, Ninth or Columbus avenue, West Eighty-
first street and Eighth avenue, to the place of beginning.
District number eighteen (18) shall consist of that part
of the county of New York lying north of district num-
ber fourteen, and within and bounded by a line begin-
ning at the junction of East Fifty-second street and the East river,
and running thence along East Fifty-second street, Third avenue,
East Fifty-third street, Lexington avenue, East Eighty fourth
street, Second avenue, East Eighty-third street and the East
river, to the place of beginning; and also Blackwell's island.
District number nineteen (19) shall consist of that part of the
county of New Fork lying north of district number seventeen, and
within and bounded by a line beginning at West Eighty-ninth street
and the Hudson river, and running thence along the Hudson
river and Spuyten Duyvil creek around the northern end of Man-
hattan island; thence southerly along the Harlem river to the
north end of Fifth avenue; thence alonz Fifth avenue, East One
Hundred and 'Twenty-ninth street, Fourth or Park avenue, East
One Hundred and Tenth street, Fifth avenue, the transverse road
across Central park at Ninety. seven th street, Eighth avenue, West
Eighty-first street, Ninth or Columbus avenue, West Eigbty-sixth
street, Tenth or Amsterdam avenue and West Eighty-ninth street,
to the place of beginning.
District number twenty (20) shall consist of that part of the
county of New York lying north of districts numbers eighteen
and fifteen, and within and bounded by a line beginning at East
Eighty-third street and the East river, running thence through East
Eighty-third street, Second avenue, East Eighty-fourth street, Lex-
ington avenue, East Ninety-sixth street, Fifth avenue, East One
Hundred and Tenth street, Fourth or Park avenue, East One hundred
and Nineteenth street to the Harlem river, and along the Harlem and
East rivers, to the place of beginning; and also Randall's island
and Ward's island.
All of the above d-istricts in the county of New York bounded
upon or along the boundary waters of the county, shall be deemed
to extend to the county line.
District number twenty-one (21) shall consist of that part of
the county of .New York lying north of districts numbers nineteen
and twenty, within and bounded by a line beginning at East One
Hundred and Nineteenth street and the Harlem river, and running
thence along East One Hundred and Nineteenth street, Fourth or
Park avenue, One Hundred and Twenty-ninth street, Fifth avenue
and the Harlem river, to the place of beginning; and all that
part of the county of New York not hereinbefore described.
District number twenty-two (22) shall consist of the county of
Westchester. —
District number twenty-three (23) shall consist of the counties
of Orange and Rockland.
District number twenty-four (24) shall consist of the counties
of Dutchess, Columbia and Putnam.
District number twenty-five (25) shall consist of the counties of
Ulster and Greene.
8
7 Locating or changing county seats. 9
Providing for changes of venue in civil or criminal cases. eight hundred and ninety-six, and their successors shall be chosen
county, assembled in joint session. In counties having more than one
_ Incorporating villages,
senate district, the same number of assembly districts shall be Provi ling for election of members of boards of supervisors. at the general election in that year.
Put in each senate district, unless the assembly districts cannot be Selecting, drawing, summoning or impaneling grand or petit Section 2. No person shall be eligible to the office of Governor
evenly divided among the senate districts of any county, in which jurors. or Lieutenant -Governor, except a citizen of the United States,
Regulating the rate of interest on money. of the age of not less than thirty years, and who shall have been
case one more assembly district shall be put in the senate districtThe opening and conducting of elections or designatingfive years next preceding his election a resident of this State.
Of voting, _ . places
in such county having the largest, or one less assembly district shall Section 3. The Governor and Lieutenant -Governor shall be
Creating, increasing or decreasing fees, percentage or allow• elected at the times and places of choosing members, of the
be put in the senate district in such county having the smallest antes of public officers, during the term for which said officers
Assembly. The persons respectively having the highest number
number of inhabitants, excluding aliens, as the ease may require, are elected or appointed. of votes for Governor and Lieutenant -Governor shall be elected;
Granting to any corporation, association or individual the but in case -two or more shall have an equal and the highest
No town, and no block in a city inclosed by streets or public
right to lay down railroad tracks. number of votes for Governor, or for Lieutenant -Governor, the
ways, , shall be divided in the formation of assembly dis_ Granting to any private corporation, association or individual
two houses of the Legislature at its next .annual session shall
tricts, nor shall any district contain
tion over an adjoining district in the a greater excess in popula any exclusive privilege, immunity or franchise whatever. forthwith,by joint ballot
Providing for building bridges, and chartering companies for choose one of the said persons so
same having an equal and the highest number of votes for Governor
senate district, than
such purposes, except on the Hudson river below Waterford, or Lieutenant -Governor.
the population of a town or block therein adjoining such assembly and on the East river, or over the waters forming a part of the
boundaries of the Mate. Section 4. The Governor shall be •Commander in Chief of the
district. Towns or blocks which, from their location, may be included The Legislature shall pass general laws providing for the cases miltiary and naval forces of the State. He shall have
power to
in eitber• of'two districts, shall be so placed as to make said districts enumerated in this section, and for all other cases which in its convene the Legislature, or the Senate only, on extraordinary
most nearly equal in number of inhabitants, excluding aliens; but judgment may be provided for by general laws. But no law shall occasions. At extraordinary sessions no subject shall be acted
authorize the construction or operation of a street railroad upon, except such as the Governor may recommend for consid-
in the division of cities under the first apportionment, regard shall I except upon the condition that the consent of the owners of one. eration. He shall communicate by message to the Legislature
be had to the number of -inbabitants, excluding alien re half in value of the property bounded on, and the consent also of at every session the condition of the State, and recommend such
the local authorities having the control of, that portion of a street matters to it as 'he shall judge expedient. He shall transact
election districts according to the state enumeration of one thousandor highway upon which it is proposed to construct or operate all necessary business with the officers of government, civil and
military. He shall expedite all such measures as may lie
eight hundred and ninety-two, so far as may be, instead of blocks, such railroad be first obtained, or rn case the consent of such y
-_i_- _ property owners cannot be obtained the A resolved upon by the Legislature, and shall, take care that the
, Appellate Division of the
Nothing in this section shall prevent the division, at any time, ofSupreme-- laws are faithfully executed. He shall receive for his services
_ Court ru the department in which it is proposed to be an annual salary of ten thousand dollars, and there shall be pro•
counties and towns, and the erection of new to�� ns by the Legislature.
constructed, may, upon application, appoint three commissioners vided for his use a suitable and furnished executive residence.
An apportionment by the Legislature, or other body, slra]1
determine, a,ft�r, a hearing all parties interested, The Governor shall have the power to grant
- I g p Section 5.
be subject to review by the Supreme Uourt,
who shall
whether such railroad ought to be co operated, and reprieves, commutations and pardons after conviction, for all
_ at the suit of any their determination, confirmed b3 the court, may be taken in
citizen, under such reasonable regulations as. the Legislature may offenses except treason and cases of impeachn(ent, upon such con.
resorbs; an lieu of the consent of the property owners. ditions and with such restrictions and limitations, as he may think
prescribe; and any court before which -
a, (,nn�c ,� be pondln�r
Section 19. The Legislature shall neither audit nor allow any proper, subject to such regulations as may be
involving an apportionment, shall live pruce�el(�n(e� thereto over g y provided by law
private claim or account against the State, but may appropriate relative to the manner of applying for pardons. Upon conviction
-- - -- money to pay such claims as shall have been audited and allowed �
all other causes and proceeclirlgs, ,,,,,I il' Sorel (curt be not in ses- moneytto law. for treason, he shall have power to suspend the execution of the
according sentence, until the case shall be reported to the Legislature at
sion it shall convene p,•,>,rrptl_y for tlu, listn,;ition e,l' the Soule• Section 20. The assent of two-thirds of the members elected to its next meeting, when the Legislature shall either pardon, or
each branch of the Legislature shall be requisite to every bill commute the sentence, direct the execution of the sentence, or
Section 6. Each member of the Legislature shall receive for his V grant a further reprieve. He shall annually communicate to the
services an annual salary of one thousand five hundred dollars. 1 appropriating the public moneys or property for local or private
The members of either house shall also receive the sum of one ^ purposes. Legislature each case of reprieve, commutation or pardon
granted, stating the name of the convict, the crime of which he
dollar for every ten miles they shall travel in going to and Section 21. No money shall ever be paid out of the treasury of was convicted, the sentence and its date, and the date of the
returning from their place of meeting, once in each session, on this State, or any
in of its funds, or any of the funds under its 2ommutation, pardon or reprieve.
the most usual route. Senators, when the Senate alone is con- management, exce t
vened in extraordinary session, or when serving anu
Its •urbernor unless such payment be made w
s of Pursuance withinof
n two years next after appropriation by law; Section 6. In case of the impeachment of the Governor, or his
the Court for the Trial of Impeachment, and such members of the passage of such appropriation act; and every such law removal from office, death, inability to discharge the powers and
the Assembly, not exceeding nine in number, ns shall be making a new appropriation, or continuing or reviving an appro duties of the said office, resignation, or absence from the State,
appointed managers of .an impeachment, shall receive an addi- priation, shall distinctly specify tiie sum appropriated, and the the powers and duties of the office shall devolve upon the
tional allowance of ten dollars a day. object to which it is to be applied; and it shall not be sufficient Lieutenant -Governor for the residue of the term, or -until the
disability shall ceased t
refer o any other law to fix such sum. sed But when the Governor shall, with the
Section 7. No member of the Legislature shall receive any civil for such law to refconsent of the Legislature, be out of the State, in time of war,
appointment within this State, or the Senate of the United Section 22.
States, from the Governor, the Governor and Senate, or from the No provision or enactment shall be embraced In at the head of a military force thereof, he shall continue Com -
Legislature, or from an cit the annual appropriation or supply bill, unless it relates specifi- mander-in-Chief of all the military force of the State.
Y y government, during the. time for -- __ _
which he shall have been elected; and fill such appoiutnrc'nis tally to some particular appropriation in the bill; and any such Section 7. The Lieutenant -Governor shall possess e same
and all votes given for any such member for rur such olilee or -- --
Y provision or enactment shall be limited in its oper<rtion to such qualifications of eligibility for office as the Governor. He shall
appointment shall be void. -- - be president of the Senate, but shall have only a casting vote
appropriation. _.
Section 8. No person shall be eligible to the Legislature, who at -- therein. If during a vacancy of the office of Governor, the
the time of his election, is, or within one hundred days previous Section 23. Sections seventeen and eighteen of this article Lieutenant -Governor shall be impeached, displaced, resign, die,
thereto ling been, :1 nl( rnber of ('on{;r(•sm, It civil of lnilltar•y oMeer shall not apply to any bill, or the anuvudments to an bill which
.. y � or become incapable of performing the duties of his office, or be
�€tni •l<-;�, vi "IL c�tllt�i uii.l�. a.ta.
-it, s «..- 'shall be reported to the Legislature by commissioners who have absent from the State, the President of the Senate shall act as
And ifany person shall, after his election as a member of the been appointed pursuant to law to revise the statutes.
Legislature, be ele ct.ed to C,ont;res'A, ((1' ;,1 l(((inf(.(1 to „r,N ofllco, Section 24. Every law which imposes, continues or revives ataa Governor until the vacancy be filled or the disability shall cease;
civil or military, under the gm ,•nu,e•nl if ,lie. 1'nif((I -i;il( e(r shall distinctly state the tax and the object to which it is to be and if the President of the Senate for any of the above causes
under any city government, his ,i(, I (i : i u ( i 111.1-(-q0t' applied, and it shall not be sufficient to refer to ,any other law to shall become incapable of performing the duties pertaining to
his seat. fix such tax or object. the office of Governor, the Speaker: of the Assembly shall act as
Section 9. The elections of sewi f ors and members of assem- Section 25. On the final passage, in either house of the Legisla- Governor until the vaenncy be filled or the disability shall cease.
bly, pursuant to the provisions .of this Constitution, shall be ture, of any act which imposes, continues or revives a tax, or - --- -_-- -
--- -
e d on the Tuesday succeeding the first Monday of November, creates a debt or charge, or makes, continues or revives any Section 8. The Lieutenant -Governor shall receive fo: his ser -
unless otherwise directed by the Legislature. appropriation of public or trust money or property, or releases, vices an annual salary of five thousand dollars, and shall not
Section 10. A majority of each house shall constitute n quorum discharges or commutes any claim or demand of the State, the receive or be entitled to any other compensation, fee or perquisite,
to do business. Each house shall determine the rules of its own question shall be taken by yeas and nays, which shall be duly for any duty or service he may be required to perform by the Con -
proceedings, and be the judge of the elections, returns and quail- entered upon the journals, and three-fifths of all the members stitution or by law.
fications of its own members; shall choose its own officers ; and elected to either house shall, in all such cases, be necessary to Section 9. Every bill which shall have passed the Senate and
the Senate shall choose a temporary president to preside in case ' constitute a quorum therein.
Assembly shall,, before it becomes a law, be presented to the
of the absence or impeachment of Ibo Lieuh•n;n,l (love rnor, or Section 26. There shall be in the several counties, except in Governor; if he approve, he shall sign it; but if not, he shall
when he shall refuse to act as president, or Shall :Ict :is cities whose boundaries are the same as those of the county, a return it with his objections to the house in which it shall have
board of supervisors, to be composed of such members, and originated, which shall enter the objections at large on the
Section 11. Each house shall keep a journal of its proceedings, elected in such manner, and for such period, as is or may be journal, and proceed to reconsider it. If aftersuch reconsidera-
and publish the same, except such parts as may require secrecy. provided by law. In any such city the duties and powers of a tion, two-thirds of the members elected to that house shall agree
The doors of each house shall be kept open, except when the board of supervisors may be devolved upon the common council to pass the bill, it shall be sent together with the objections to
public welfare shall require secrecy. Neither house shall, with- or board of aldermen thereof, the other house by which it shall likewise be reconsidered; and
out the consent of the other, adjourn for more than two days. Section 27. The Legislature shall, by general laws, confer upon if approved by twothirds of the members elected to, that house,
Section 12. For any speech or debate in either house of the the boards of supervisors of the several counties of the State it shall become a law notwithstanding the objections of the
Q y powers of local legislation and administration as Governor. In all such cases, the, votes' in both houses, shall be
Legislature,the members shall not be questioned in an other such further �
place. the Legislature may from time to time deem expedient. determined by yeas and nays, and the names of the members
Section 13. Any bill may originate voting shall be entered on the journal of each house respec-
mbill hail in either house of the Section 28. The Legislature shall not, nor shall the common tively. If any ll snot be returned by the Governor within
Legislature, and all bilis passed by one house may be amended council of any city, nor any board of supervisors, grant any extra ten days (Sundays excepted) after it shall have been presented
by the other. compensation to any public officer, servant, agent or contractor. to him, the same shall be a law in like manner as if he had
Section 14. The enacting clause of all bills shall be 11 The Section 29. The Legislature shall, by law, provide for the occu- signed it, unless the Legislature shall, by their adjournment,
People of the State of New York, represented in Senate and pation and employment of prisoners sentenced to the several prevent its return, in which case it shall not become a' law with-
tissembly, do enact as follows," and no law shall be enacted - out the approval of the Governor. No bill shall become a law
except b bill. state prisons, penitentiaries jails and reformatories in the State; I
p y ' • I after the final adjournment of the Legislature, unless approved
Section 15. No bill shall be passed or become a law unless it and on and after the first day of January, in the p by the Governor within thirty days after such adjournment.
rs, in year one thousand eight hundred and ninety-seven, no If any bill presented to the Governor contain several items of
shall have been panted and upon the desks of thr� niembr
its Sinal form, at least three calendar legislative (lays prior to its person in any such prison, penitentiary, jail or reforma- appropriation of money, he may object to one or more of sueb
items while approving of the other portion' of the bill. In such
final passage, unless the Governor, or the acting Governor, shall I tory, shall be required or .allowed to work, while under
ease, he shall append to the bill, at the time of signing it, a
have certified to the necessity of its immediate passage, under sentence thereto, at any trade, industry or occupation, statement of the items to which lie objects; and the appropria-
- tion so objected to shall not take effect. If the Legislature be in
his hand and the seal of the State; nor Shull un,l bill be passed wherein or whereby his work, or the product or profit
_ session, he shall transmit to the house in which the bill origi-
1��,;,,���, --- of his work shall be farm:ad ant, contracted given or sold noted a copy of such statement, and the items objected to shall
ew 1lPR-lLavme� a law, except by the assent of a majority of the mem- >
- -- to any person, firm association or corporation. This be separately reconsidered. If on reconsideration one or more
p p Y
- _ - - - - - - -- ( of such items be approved by two-thirds of the members elected
hers elected to each branch of the Legislature; and upon the
last reading of a bill, no amendment thereof shall be allowed, section p shall providing that cont oma ed to prevent the Legislature
_ ---_ -- to each house, the same shall be part of the law, notwithstanding
from rovidin� y , and that the pro- the objections of the Governor. All the provisions of this section,
and the question upon its final passage shall be taken rums- _ _
diately thereafter, and the yeas and nays entered on the journal. ducts of their labor may be disposed of to, the State or any in relation to bills not approved by the Governor, shall apply in
political division thereof, or for or to any public institution
Section 16. No private or local bill, which may be passed by oases in which he shall withhold his approval from any item or
Items contained in a bill appropriating money.
the Legislature, shall embrace more than one subject, and that ' owned or managed and controlled by the State, or any political
shall be expressed in the title. division thereof.
ARTICLE V.
Section 17. No act shall be passed which shall provide that
any existing law, or any part thereof, shall be made or deemed a (
ARTICLE IV. Section 1. The Secretary, of State, Comptroller, Treasurer,
part of said act, or which shall enact that any existing law, or Section 1. The executive power shall be vested in a Governor, Attorney -General and State Engineer and Surveyor shall be
part thereof, shall be applicable, except by inserting it in who shall hold his office for two years; a Lieutenant -Governor chosen at a general election, at the times and places of electing
such act. shall be chosen at the same time, and for the same term. The the Governor and Lieutenant -Governor, and shall hold
Section 18. The Legislature shall not pass a private or local Governor and Lieutenant -Governor elected next preceding the their offices for twoears except as
bill in any of the following cases : time when this section shall take effect, shall hold office until y P provided in
-- section two of this article. Each
Changing the names of persons. of the officers
opening, altering, working or discontinuing roads, and including the thirty-first day of December, one thousand
Laying out,
in this article named, excepting the Speaker of the
highways or alleys, or for draining swamps or other low lands. Assembly, shall at stated times during his continuance in office,
10
receive for his services a compensation which shall not he
increased or diminished during the term for which he shall have
been elected; nor shall he receive to his use any fees or per-
quisites of office or other compensation. No person shall be
elected to the office of State Engineer and Surveyor who is not a
practical civil engineer.
Section 2. The first election of the Secretary of State, Comp
troller, Treasurer, Attorney -General and State Engineer and Sur-
veyor, pursuant to this article shall be held in the year one thou-
sand eight hundred and ninety five, and their terms of office shall
begin on the first day of January following, and shall be for
three years. At the general election in the year one thousand
eight hundred and ninety-eight, and every two years thereafter,
their successors shall be chosen for the term of two years.
Section 3. A snperintendent of public works shall be appointed
by the Governor, by and with the advice and consent of the
Sccate, and hold his office until the end of the term of the
Governor by whom he was nominated, and until his successor
Is appointed and qualified. He shall receive a compensation to
be fixed by law. He shall be required by law to give security
for the faithful execution of his office before entering upon the
duties thereof. He shall be charged with the execution of all
laws relating to the repair and navigation of the canals, and also
of those -relating to the construction and improvement of the
canals, except so far as the execution of the laws relating to
such construction or improvement shall be confided to the State
Engineer and Surveyor; subject to the control of the Legis-
lature, he shall make the rules and regulations for the naviga-
tion or use of the canals. He may be suspended or removed
from office by the Governor, whenever, in his judgment, the
public interest shall so require; but in case of the removal of
such Superintendent of Public Works from office, the Governor
shall file with the Secretary of State a statement of the cause
of 'such removal, and shall report such removal and the cause
thereof to the Legislature at its next session. The Superin-
tendent of Public Works shall appx)int not nrore than three
assistant superintendentq, whose duties shall be prescribed by
him, subject to modification by the Legislature, and who shall
receive for their services a compensation to be fixed lav 1a Iv.
They shall hold their office for three yc;4rs, subject to suspension
or removal by the Superiniendent. of Public Worl<s„ wlieuever,
in his judgment, the public interest s1u411 su re�p4ire. :cul'
vacancy in the office of any such ;issist;tnl superintcudent shall
be filed for the remainder of the term four which he was
appointed, by the Superintendenl of Public Works; but, in cas•
of the SUSpension or ren4ovol of ;ink• slit -11 ;issishint snperinleud-
ent by him„ }lc shall al once report to the in writing,
the cause of such t•enuoval. .\It other perwms etr4ployed 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 Superin-
tewlent of Public Works shall perform all the duties
Of the former Canal Commissioners, and Board of Canal
Coll niissioners, am now declared by law, until other-
wise 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 Superin-
tendent of Public Worlcs; if the Senate be. not in session, he may
grant COlIIIIII F410119 which sh;411 expire at. the end of the next
succeeding session of the benate.
tiion� •Ai�>ritnden#; of State Prisons shall be appointed
by the Governor, by and with the advice and consent of the
Senate, and hold his office for five years, unless sooner removed;
he shall give security in such amount, and with such sureties as
shall be required by law for the faithful discharge of his duties;
he shall have the superintendence, management and control of
state prisons,1subject 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 Superintendent.
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.
Section 5. The Lieutenant -Governor, Speaker of the Assembly,
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 commis-
sioners of the canal fund. The canal board shall consist of the
commissioners of the canal fund, the State Engineer and Sur-
veyor, and the Superintendent of Public Works.
Section 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.
Section 7. The Treasurer 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 Legisla-
ture, 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.
Section 8. All offices for the weighing, gauging, measuring, cull-
ing or inspecting any merchandise, produce, manufacture or, com-
modity whatever, are hereby abolished; and no such office shall
hereafter be created by law: but nothing in this section con-
tained shall abrogate any office created for the purpose of pro-
tecting the public health or the interests of the State in its prop*
erty, revenuer tolls or purchases, or of supplying the people with
correct standards of weights and measuresn or shall prevent the
creation of any office for such purposes hereafter.
Section 9. Appointments and promotions in the civil service
of the State, and of all the civil divisions thereof, including cities
and villages, shall be made according to merit and fitness to be -
ascertained, so far as practicable, by examinations, which, so far
as practicable, shall be competitive; provided however, that
honorably discharged soldiers and sailors from the army and
navy of the United States in the late civil war, 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 enfor—meat of
11
ARTICLE VI.
Section 1. The Supreme Court is continued with general
jurisdiction in law and equity, subject to such appellate jurisdic-
tion of the Court of Appeals as now is or may be prescribed by
law not inconsistent with this article. The existing judicial dis-
tricts 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 suc-
cessors 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 Con-
stitution, of the inhabitants of the State, and thereupon reappor-
tion the Justices to be thereafter elected in the districts so
altered. -
Section 2. The Legislature shall divide the State into four judi-
cial 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, con -
of seven Justices in the first department, and of five
Justices in each of the other departments. In each department
four shall constitute a quorum, and the concurrence of three shall
be necessary to a decision. No more than five Justices shall
sit in any case.
From all the Justices elected to the Supreme Court the Gover-
nor shall designate those who shall constitute the Appellate
Division in each department; and he shall designate the Pre-
siding Justice thereof, who shall act as such during his term of
office, and shall be a resident of the department The other Jus-
--------------
tices shall be designated for terms of five years, or the unexpired
portions of their respective terms of office, if less than five years.
From time to time as the terms of such designations expire, or
vacancies occur, he shall make new designations. He tnav
or inability to act, of any Justice in the Appellate Division.
A majority of the Justices designated to sit in the Appel-
late Division in each dopartincnt shall he residents of the
department. Whenever the Appellate Division in :any d' - --
— -- -
merit shall be unable to dispose of its business within a reason-
able time, a majority of the Presiding Justices of the several
departments at a meeting c;illed by the Presiding Justice of the
department in arrears may transfer any pending appeals from
such department to any other department for hearing and deter-
mination. No Justice of the Appellate Division shall exercise
any of the powers of a, Justice of the Supreme Court, other than
those of a Justice out of court, and those pertaining to the Appel-
late Division or to the hearing and decision of motions submitted
by consent of counsel. Froin and after the last da•y of Decem-
ber, one thousand eight 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 Court of Brook-
lyn, and such additional jurisdiction as may be conferred by the
Legislature. It shall have power to appoint and remove a
reporter.
The Justices of the Appellate Division in each department
shall have power to fix the times and places for holding tspeeral
and Trial Terms therein, and to assign the Justices in the depart-
ments to, hold such terms; or to make rules therefor.
Section 3. No Judge or Justice shall sit in the Appellate Divis-
ion 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. j
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.
Section 4. The official terms of the Justices of the Supreme
Court shall be fourteen years from and including the first day of
January next after their election. When a vacancy shall occur
otherwise than by expiration of term in the office of Justice of
the Supreme Court the same shall be filled for a full term, at the
next general election, happening not less than three months
after such vacancy occurs; and, until the vacancy shall -be so
filled, the Governor by and with the advice and consent of the
Senate, if the Senate shall be in session, or if not in session the
Governor, may fill such 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.
Section 5. The Superior Court of the City of New York, the Court
of Common Pleas for the City and County of New York, the
12
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 -sig, 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
counties respectively, and shall be the same as the salaries of the
other Justices of the Supreme Court residing in the same coun-
ties. 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
inferior 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 departments which include New York and
Buffalo shall direct, unless otherwise provided by the Legislature.
Section 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 SuAreme Court.
any county.
Section 7. The Court of Appeals is continued. It shall consist
of the Chief Judge and Associate Judges now in office, who shall
hold their offices until the expiration of their respective terms,
and their successors, who shall be chosen by the electors of the
State. The official terms of the Chief Judge and Associate -
Judges shall be fourteen years from and including the first day of
January next after their election. Five members of the court
shall form a quorum, and the concurrence of four shall be neces-
sary to a decision. The court shall have power to appoint and to
remove its reporter, clerk and attendants.
Section 8. When a vacancy shall occur otherwise than by expira-
tion of term, in the office of Chief or Associate Judge of the Court
of Appeals, the same shall be filled, for a full term, at the next
general election happening not less than three months after such
vacancy occurs; and until the vacancy shall be so filled. the
Governor, by and with the advice and consent of the Senate, if
the Senate shall be in session, or if not in session the Governor
may fill such vacancy by appointment. If any such appointment
of Chief Judge shall be made from among the AssociateJudges,
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 judisdiction of the court shall not be
suspended for want of appointment or election, when the num-
ber of Judges is sufficient to constitute a quorum. All appoint-
ments under this section, shall continue until and including the
last day of December next after the election at which the vacancy
shall be filled.
Section 9. After the last day of December, one thousand eight
hundred and ninety-five, the jurisdiction of the Court ��f Appeals,
except where the judgment is of death, shall be limited to the
review of questions of law. No unanimous decision of the
Appellate Division of the Supreme Court that there is evidence
supporting or tending to sustain a finding of fact or a verdict not
directed by the court, shall be reviewed by the Court of Appeals.
Except where the judgment is of death, appeals may be taken, as of
right, to said court only from judgments or orders entered upon
decisions of the Appellate Division of the Supreme Court, finally
determining actions or special proceedings, and from orders
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 neon 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.
Section 10. The Judges of the Court of Appeals and the Justices
of the SuAreme Cnrnrt shall „n+ b_m
13
14
Surrogates' Courts shall have the jurisdiction ands which! 15
trust. All votes for any of them, for any other than a judicial the Surrogates and existing Surrogates' Courts �n weTpossess,
office, giTen by the Legislature or the people, shall be void.ARTICLE VII.
until otherwise provided by the Legislature. The County
Section 11. Judges of the Court of A Judge shall be Surrogate of his county, ere a except where separate given
1. The credit of. the State shall not in any manner be
Appeals and Justices of the given or loaned to or in aid of any individual, association or
Supreme Court, may be removed by concurrent resolution of-
both Surrogate has been or shall be elected. In counties having a corporation.
houses of the Legislature, if two-thirds of all the members elected population exceeding forty thousand, wherein there is no separate Section 2. The State may, to meet casual deficits or failures in
to each house concur therein. All otherJudie la officers, except Surrogate, the Legislature may provide for the election of a revenues, or for expenses not provided for, contract debts; but --
Justices of the Peace and judges or justices of inferior courts not such debts, direct or contingent, singly or in the aggregate, shall
separate officer to be Surrogate, whose term of office shall be six not at- any time exceed one million of dollars; and the moneys
of record, may be removed by the Senate, on the recommendation years. When the Surrogate shall be elected as a separate officer arising from the loans creating such debts shall be applied to
of the Governor, if two-thirds of all the members elected to the his salary shall be established b law the purpose for which they were obtained, or to repay the debt
y ,payable out of the county so contracted, and to no other purpose whatever.
Senate concur therein. But no officer shall be removed by virtue treasury. No County Judge or Surrogate shall hold office longer
of this section except for cause, which shall be entered on the than until and including the last day of December next after he Section 3. In addition to the above limited power to contract
debts, the State may contract debts to repel invasion, suppress
journals, nor unless he shall have been served with a statement shall be seventy years of age. Vacancies occurring in the office insurrection, or defend the State in war; but the money arising
of the cause alleged, and shall have had an o from the contracting of such debts shall be applied to the pur-
ppor unity to be of County Judge or Surrogate shall be filled in the same man.
- pose for which it was raised, or to repay such debts, and to no
heard. On the question of removal, the yeas and nays shall be
ner as like vacancies occurring in the Supreme Court. The other purpose whatever.
entered on the journal, compensation'
of any County Judge or Surrogate shall not be Section 4. Except the debts specified in sections two and
increased-
or diminished during his term of office. For the retie!
Section 12. The Judges and Justices hereinbefore mentionedhereafter
-.___-_ three oP th�s �rticon behalf ebof thisl State unles
of Surrogates' Courts the Legislature may confer upon the
shall receive for their services a compensation established b� contracted b o s
law, which shall not be increased or diminished during their offi- Supreme Court in any county having a population exceeding four such debt shall be authorized by a law, for some single
tial terms, except as provided in section five of this article. No law a object, to be distinctly specified therein; and such
hundred thousand, the powers and jurisdiction of Surrogates, law shall impose and provide for the collection of a direct
person shall hold the office of Judge or Justice of any, with authority to try issues of fact by jury in probate cases. annual tax to pay, and sufficient to pay, the interest on
court longer than until and including the last day of such debt as it falls due, and also to pay and discharge
Section 16. The Legislature may, on application of the board of the principal of such debt within eighteen years from the
December next after he shall be seventy years of age. supervisors, provide for the election of local officers, not to exceed time of the contracting thereof. No such law shall take effect
No J du gero Justice elected after the first day of January,
itwo in any county, to discharge the duties of County Judge and until it shall, at a general election, have been submitted to the
one thousand eight hundred and ninety-four, shall be _ people, and have received a majority of all the votes cast for
of Surrogate, in eases of their inability or of a vacancy, and in and against it at such election. On the final passage of such
entitled to receive any compensation after the last bill in either house of the Legislature, the question shat' be taken
such other cases as may be provided by law, and to exercise such
day of December next after he shall be seven by ayes and noes, to be duly entered on the journals thereof, and
seventy years of age; other powers in special cases as are or may be provided by law. shall be: 11 Shall this bill pass, and ought the same to receive the
but the compensation of every Judge of the Court of A
ppeals sanction of the people ?"
or Justice of the Supreme Court elected prior to the first day of Section 17. The electors of the several towns shall, at their
January, - -
annual town meetings, or at such other time and in such manner The Legislature may at any time, after the approval of such
ry, one thousand eight hundred and ninety-four, law by the people, if no debt shall have been contracted in pur-
er the Legislature may direct, elect Justices of the Peace whose repeal the same and may at an time b law,
w ose term of office has been, or whose present suance thereof, p Y Y y
--term of office shall be four years. In case of an election to 811 a forbid the contracting of any further debt or liability under such
-- -
term of office shall be, so abridged, and who shall have _ served_ as
------ -- ----- Tacancy occurring before the expiration of a full termshall
they law; but the tax imposed by such act, in proportion to the debt.
such Judge or Justice ten years or more, shall be continued dui• and liability which may have been contracted, in pursuance of
ing the remainder of the teen for which he was elected; but any
hold for the residue of the unexpired term. Their number and such law, shall remain in force and be irrepealable, and be
annually collected, until the proceeds thereof shall have made the
such Judge or Justice may, with his consent, be assigned by the classification may be regulated by law. Justices of the Peace
provision hereinbefore specified to pay and discharge the interest
Governor, from time to time, to any duty in the Supreme Court and judges or justices of inferior courts not of record, and their and principal of such debt and liability. The money arising
while his compensation is so continued. clerks, may be removed for cause, after due notice and an oppor- from any loan or stock creating such debt or liability shall be
tunity of being heard, by such courts as are or may be prescribed applied to the work or object specified in the act authorizing
Section 13. The Assembly shall have the power of impeachment, such debt or liability, or for the repayment of such debt or lia•
- by law. Justices of the Peace and District Court Justices may be y, and for no other purpose whatever. No such law shall be
y a vote of a majority of all the members elected. The Court bilit
far the Trial of Impeachments shall be composed of the President elected in the different cities of this State in such manner, and with submitted to be voted on, within three months after its passage,
---- -
or at any general election when any other law, or any bi11U or any
o the Senate, the senators, or the major part of them, and the
such powers, and for such terms, respectively, as are or shall be
amendment to the Constitution, shall be submitted to be voted for
Judges of the Court of Appeals, or the major part of them. On prescribed by law; all other judicial officers in cities, whose or against.
the trial of an —Lieutenant- or impeachment against the Governor Lit
- election or appointment is not otherwise provided for in this Section 5. The sinking funds provided for the payment of inter-
Governor, the Lieutenant-Governor shall not act as a member o! article, shall be chosen by the electors of such cities, or appointed _ __- - est and the extinguishment of the principal of the debts of the
- - State shall be separately kept and safely invested, and neither of
the court._ No judicial officer shall exercise his office, after by some local authorities thereof. them shall be appropriated or used in any manner other than
articles of impeachment against him shall have been preferred for the specific purpose for which it shall have been provided.
— Section 18. Inferior local courts of civil and criminal jurisdic-
othe Senate, until he shall have been acquitted. t3ePore the tion may be established by the Legislature, but no inferior local
- - - --------
_ _ _ p g the Legislature, canal board, nor any per-
trial of an impeachment the members of the court shall take an -
Section Neither
� court hereafter created shall be a court of rocord. The iM son or persons actin � in behalf of the State, shall audit, allow,
oath or affirmation truly and impartially to try the impeachment - -- upon Y �_-- _ -
Legislature shall not hereafter confer u n an inferior or local or pay an claim which as between citizens of the State, would
according to the evidence, and no person shall be convicted with court of its creation, any equity jurisdiction or any greater juris- be barred by lapse of time. This provision shall not be con-
out the concurrence of two-thirds of the members present. Judg- diction in other respects than is conferred upon County Courts strued to repeal any statute fixing the time within which claims
— -- - -
ment in cases of impeachment shalt not extend further than to -- ---- - --
----------- by or under this article. Except as herein otherwise provided, shall be presented or allowed, nor shall it extend to any claims
-- -- —
removal from office, or removal from office and disqualification - duly presented within the time allowed by law, and prosecuted
— -- ---- all judicial officers shall be elected ora appointed at such times
to hold and enjoy any office of honor, trust or profit under this PP _ -
------ ----
and in such manner as the Legislature may direct. with due diligence from the time of such presentment. But if
State; but the art ------------ ----_
p y impeached shall be liable to indictment and �
Section 19the claimant shall be under legal disability, the claim may be
Punishment according to law. . Clerks of the several counties shall be clerks of the presented within two years after such disability is removed.
Supreme Court with such
p powers and duties as shall be and the pre
Section 14. Section 7. The lands of the State, now owned or hereafter
The existing County Courts are continued, - -- - ----- - ---- - - -
-- scribed by law. The Justices of the Appellate Division in each
Judges thereof now in oacquired, constituting the forest preserve as now fixed by law,
office shall hold their offices until the - --
- - -- --
department shall have ower to appoint and to remove a clerk - - ---
p y _ g P PP - shall be forever kept as wild forest lands. They shall not be
expiration of their respective terms. In the count of Kings i �- — —
P who shall keep his office at a place to be designated by said --— ---
leased sold or exchan ed or be taken b an corporation,
there shall be two County Judges and lhc, additional County - -- --- ----- - - � _ g y ypublic
Justices. The Clerk of the Court of Appeals shall keep his office - --- - ---- -----
g or private, nor shall the timber thereon be sold, removed or
c - -_ after the - - - --- - -
-- at the seat of goy c rnment. The Clerk of the Court of Appeals - --
Judge shall be chosen at the next general election held aft
adoption of this article. 'The successors of the several County destroyed.
- - -- - and the clerks of the Appellate Division shall receive compensa-
Judges shalt be chosen by the electors of the counties for the Section S. The Legislature shall not sell, lease orotherwise dis
ion to be established by law
-- -- -- - - -- --- _ and paid out of the public treasury.
term of six years. County Courts shall have the powers and jur - -- - - -- pose of the Erie canal, the Oswego canal Champlain canal,
No Juofficer, Section 20. Ndicial ocer, except Justices of the Peace, the Cayuga and Seneca canal, or the Black River canal; but they
isdiction they now possess, and also original jurisdiction in ' the
shall remain the property of the State and under its management
- � shall receive to his own use an fees or
actions for the recovery of money only, where the defendants y perquisites of office; forever. The prohibition of lease, sale or other disposition herein
-- - __- nor shall any Judge of the Court of Appeals, or Justice of the
reside in the county, and in which the complaint demands judg- _ contained, shall—not a1 to the canal known as the Alain and
_ --
- gi Supreme Court, or any County Judge or Surrogate hereafter Hamburg street canal, situated in the city of Buffalo, and which
ment for a sum not exceedingtwo thousand dollars. The Le 'sla-
elected in a count having a population exceeding one hundred
ture may hereafter enlarge or restrict the jurisdiction of the Y g P P g extends easterly from the westerly line of Main street to the
and twenty thousand practice as an attorney or counselor in an -
County Courts, provided however that their jurisdiction shall Y _ P Y Y westerly line of Hamburg street, All funds that may be derived
not be so extended as to authorize an action therein for the court of record in this State, or act as referee. The Legislature from any lease, sale or other disposition of any canal shall be
recovery of money only, in which the sum demanded exceeds two may impose a similar prohibition upon County Judges and Sur- applied to the improvement, superintendence or repair of the
thousand dollars, or in which any person not a resident of the rogates in other counties. No one shall be eligible to the office remaining portion of the canals.
county is a defendant. of Judge of the Court of Appeals, Justice of the Supreme Court,
_ Section 9. No tolls shall hereafter be imposed on persons or
Couirts of Sessions, except; in the county of New York or, except in the county of Hamilton, to the office of County property transported on the canals, but all boats navigating the
- - - -canals, and the owners and masters thereof,
are abolished from and after the last day of December; Judge or Surrogate, who is not an attorney .and counselor of this ,shall be subject to
-- such laws and regulations as have been or may hereafter be
one thousand eight Hundred and ninet five. 411 the State.
g y enacted concerning the navigation of the canals. The Legisla-
the Court of Sessions in each county, except ture shall annually, by equitable taxes, make provision for
�nrrsclicfion of ty p Section 21. The Legislat��re � last provide for the speedy publi-
- - - - -- - -- the expenses of the superintendence and repairs of the canals.
the Court thereof, and allnty of New lac'ihapgthe�eupn b7pesstth in the County cation of all statutes, and shall regulate the reporting of the
All contracts for work or materials on any canal shall be made
proceedings en pending in decisions of the courts; but all laws and judicial decisionsshall with the persons who shall offer to do or provide the same at the
lowest price, with adequate security for their performance. No
such Courts f Sessions shall be transferred to said County be free for publication by anerson.
-- - - _y p_ extra compensation shall be made to any contractor; but if, from
Courts for hearing and determination. Every County Judge any unforeseen cause, the terms of any contract shall prove to
Section 22. Justices of the Peace and other local judicial officers be un
shall perform such duties as may be required by law. His salary just and oppressive, the canal board may upon the appli-
provided for in sections seventeen and eighteen in office when cation of the contractor, cancel such contract.
shall be established by law, K payable out of the county treasury.
- - —
this article takes effect, shall hold their offices until the expira- Section 10. The canals may be improved in such manner as
ACounty Judge of any county may hold County Courts in any - --- _-_ _ _
tion of their respective terms. -----
other county when requested by the Judge of such other county. - - - --- - - --- -
the Legislature shall provide by law. A debt may be authorized
Section 23. Courts of Special Sessions shall have such jurisdie- for that purpose in the mode prescribed by section four of this
Section 15. The existing Surrogates' Courts are continued, and
the Surrogates now in office shallhold their offices until the tion of offenses of the grade of misdemeanors as may be prey article, or the cost of such improvement may be defrayed by the
. _
scribed by law. appropriation of funds from the state treasury, or by equitable
expiration of their terms. Their successors shall be chosen by
-
the electors of their respective counties, and their terms of office annual tax.
shall be six years, except in the county of New York, where
they shall continue to be fourteen years. Surrogates and
16
ARTICLE VIII.
Section 1. Corporations may be formed under general laws;
but shall not be created by special act, except for municipal pur-
poses, and in cases where, in the judgment of the 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.
Section 2. Dues from corporations shall be secured by such indi-
vidual liability of the corporators and other means as may be pre-
scribed by law.
Section 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 pos-
sessed 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.
Section 4. The Legislature shall, by general law, conform all
charters of savings banks, or institutions for savings, to a uni-
formity 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 indirect, 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 associations may be formed for
such purposes under general laws.
Section 5. The Legislature shall have no power to pass any law
sanctioning in any manner, directly or indirectly, the suspension
of specie payment% by any person, association or corparration,
issuing bank notes of any description.
Section 6. The Legislature shall provide by law for the registry
of all bills or notes, issued or put in circulation as money, and
shall require ample security for the redetuption of the same in
specie.
Section 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.
Section 8.` In case of the insolvency of any bank or banking
association, the billholders thereof shall be entitled to preference
in payment, over all other creditors of such bank or association.
Section 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 delin-
quents, as to it may seem proper. Nor shall it apply to any fund
or property now held, or which may hereafter be held, by the
State for educational purposes.
Section 10. No county, city, town or village shall hereafter give
any money or property, or loan its money or credit to or in aid
or may itinldividittal„ association or corporation, or b€eouo, direetly
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 i eal estate of such county or city subject to
taxation, as it appeared by the assessment -rolls of said county or
city on the last assessment for state or county taxes prior to the
incurring of such indebtedness; and all indebtedness in excess
of such limitation, except such as may now exist, shall be abso-
lutely 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 sec-
tion shall not be construed to prevent the issuing of certificates
of indebtedness or revenue bonds issued in anticipation of the
collection of taxes for amounts actually contained, or to be con-
tained in the taxes for the year when such certificates or revenue
bonds are issued and payable out of such taxes. Nor shall this
section be construed to prevent the issue of bonds to provide for
the supply of water; but the term of the bonds issued to provide
the supply of water shall not exceed twenty years, and a sinking
fund shall be created on the issuing of the said bonds for their
redemption, by raising annually a sum which will produce an
amount equal to the sum of the principal and interest of said
bonds at their maturity. All certificates of 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. Whenever here-
after the boundaries of any city shall become the same as those
of a county, the power of the county to become indebted shall
cease, but the debt of the county at that time existing shall not
be included as a part of the city debt. The amount hereafter to
be raised by tax for county or city purposes, in any county con-
taining a city of over one hundred thousand inhabitants, or any
such city of this State, in addition to providing for the principal
and interest of existing debt, shall not in the aggregate exceed in
any one year two per centum of the assessed valuation of the real
and personal estate of such county or city, to be ascertained as
prescribed in this section in respect to county or city debt.
Section 11. The Legislature shall provide for a state board of Chari_
ties, 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 subject to the
17
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 includ-
ing institutions for epileptics or idiots) ; a state 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 ab
witnesses or debtors.
Section 12. The members of the said board and of the said coin- -
missions 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.
Section 13. Existing laws relating to institntions referred to in the
foregoing sections and to their supervision and inspection, in so far
as such laws are not inconsistent with the provisions of the Consti-
tution, 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. - -- -
Section 14. Nothing in this Constitution contained shall prevent the
Legislature from snaking such provision for the education and
support of the blind, the deat and damb, and juvenile delMquents,
as to it may seem proper ; or prevent any county, city, town or
village from providing for the care, support, maintenance and secu-
lar education, of inmates of orphan asylums, homes for dependent
children or correctional institutions, whether under public or
private control. I'ayments by counties, cities, towns and villages to charit;thlo, elccinosyllary, correctional and reformatory insti- tutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not he required by the Lenislatnre. No such payments shall be made for any inmate of Buell institrntions who is not received and retained therein pur- suant to rules estaldished by the state board of charities. Such rules shall he snhject. to the control of the Legislature by general laws. Section 15. Commissioners of the state board of charities and com- missioners of the state commission in lunacy, now holding office Shall he eontinned in office for the. terns for which they were appointed, respectively, uuluss the l.caislatute sliall otherwise pro- vide. The Legislature may confer upon the commissions and upon the board mentioned in the foregoing sections any additional powers that are not inconsistent with other provisions of the Constitution. ARTICLE IX. Section 1. The Legislature shrill provide for the mainte- nance and support of a system of free common schools, wherein all the children of this State may be educated. Section 2. The corporation created in the year one thousand seven hundred and eighty-four, under the naive 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. Section 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, Section 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 main- tenance, 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 denomi- national tenet or doctrine is taught. ARTICLE X. Section 1. Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Dings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. Section 2. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of 18 supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of . some division thereof, or appointed by such authorities thereof, as the Legislature 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. Section 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. Section 4. The time of electing all officers named in this article shall be prescribed by law. Section 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 succeed- ing the first annual election after the happening of the vacancy. i Section 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. Section 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. Section 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. Section 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 continu- ance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. ARTICLE XI. Section 1. 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. Section 2. The Legislature may provide for the enlistment into the active force of such other persons as may make application to be so enlisted. Section 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 main tained 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. Section 4. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected; he shall also nominate, and with the consent of the Senate appoint, all major-gencrals. Section 5. Alt 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, pro- vided however that no law shall be passed changing the existing mode of election and appointment unless two-thirds of the mem- bers present in each house shall concur therein. Section 6. The commissioned officers shall be commissioned by the Governor as commander-in-chief. No commissioned officer shall be removed from office during the term for which he shall have peen appointed or elected, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a. court- martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more. ARTICLE XII. Section 1. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, Y. contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such munici- pal corporations. Section 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand, or snore; the second class, all cities having a popula- tion of fifty thousand and less than two hundred and fifty thousand ; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city,or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such 19 Rr bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall } act for such city as to such bill; but the Legislature may provide for the concurrence of the 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 citq 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 with- out the acceptance of the city or cities to which it relates, or with;n such fifteen days is not returned, it may nevertheless again be passed by both branches of the Legislature, and it shall then be snb- ject as are other bills, to the action of the Governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or "cities," as the case may be; in every such law which is passed without such. acceptance, by the words CC passed without the acceptance of the city," or " cities," as the case may be. Section 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd -numbered year, and the term of every such officer shall 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 exist- ing 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. Section 1. Members of the Legislature, and all officers, execu- tive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their respec- tive offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Consti t tution 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, contrib- uted, or offered or promised to contribute any money or other val- uable thing as a consideration or reward for the giving or with- holding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or with- holding any such vote," and no other oath, declaration or test shall be required as a qualification for any office of public trust. Section 2. Any person holding office under the laws of this State, who, except in payment of his legal salary, fees or perqui- sites, shall receive or consent to receive, directly or indirectly, any thing 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. Section 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 provided. No person offering a bribe shall, upon any prosecution of the otlicer for re- ceiving 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 per- son who shall offer or promise a bribe, if it be rejected by the officer to whom it was terr!n,n,;l, :;hall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. Section 4. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. Section 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimi- nation in passenger, telegraph or telephone rates, from any per- son or corporation, or make use of the same himself or in con- junction 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 20 Promise to a public officer, or person elected or appointed to a public office, an such free ree pass, free transportation, frank- ing 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 such free pass, free transportation, franking privilege or discrimina- tion hereby prohibited, shall be privileged from testifying in rela- tion thereto, and he shall not be liable to civil or criminal prose- cution therefor if he shall testify to the giving of the same. v Section 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 expenses which shall be incurred by any county, in investigating and prose- cuting any charge of bribery or attempting to bribe any person 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. Section I. Any amendment or amendments to this Constitu- tion may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amend- ments shall be entered on their journals e yeas and nays taken thereon, and referred to the Legislature lto be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; Mand if in the Legislature so next chosen, as aforesaid, such pro. posed 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 amend- ment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe; and if the - people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of. January next after such approval. Section 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law { Provide, the question, , Shall there be a convention to revise the Constitution and amend the same?" shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a conven- tion for such purpose, the electors of every senate district of the State, as then organized, shall elect three dele- gates 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 s hall con- tinue their session until the business of such convention shall have been completed. Every delegate shall receive for his ser- vices the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority f of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be sub witted for approval to the electors as hereinafter by the assenprovided, unless t 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 offi- cers, employes and assistants as it may deem ne 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 offi- cers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the co,n- vention, 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 . An y proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by conven- tion, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval Of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or cou- stitutional amendment, shall go into effect on the first day of January next after such approval. Section 3. Any amendment proposed by a constitutional con- vention 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. — e 21 22 relating to .the Improvement of the Canals," then the said proposed ARTICLE XV. amendment shall be declared rejected. It shall be the duty of the Section 1. This Constitution shall be in force from and inelud- Secretary of State as soon as practicable after the delivery to him of the Revised Constitution adopted by the Convention and of a ing the first day of January, one thousand eight hundred and duly authenticated copy of this resolution, to transmit to the county ninety-five, except as herein otherwise provided. clerk of each county a notice under his hand and official seal, setting forth a copy of the said Revised Constitution together with a copy Done in Convention at the Capitol in the city of of this resolution and the forms of the ballots herein prescribed, and Albany, the twenty-ninth day of September, in stating that the said Revised Constitution and the amendments the year one thousand eight hundred and ninety- therein provided, will be submitted to the people for their adoption four, and of the Independence of the United or rejection on the day heretofore fixed as the day of general elec- States of America the one hundred and nineteenth. tion in November one thousand eight hundred and ninety-four in In witness whereof, we have hereunto sub- accordance with the provisions of this resolution. It shall be the duty of the Secretary of State to cause the said scribed onr naives. proposed Revised Constitution, together with a copy of this resolu- JOSEPH HODGES CHOATE, tion, to be published in accordance with the provisions of section President and Delegate -at -Large. seven of chapter six hundred and eighty of the Laws of one thou - sand eight hundred and ninety-two, together with a brief statement CHARLES ELLIOTT I I'I`CEI, of the law and proceedings authorizing such submission, the fact Secretary. that such submission will be made, and the forms of the ballots to --------.---- be voted thereon as herein prescribed. The first publication in each newspaper shall be made as soon as practicable, and such publication Resolved : That the Revised Constitution adopted by this Con- shall continue once in each week to the tithe of the election. vention be submitted to the people for their adoption or rejection It shall be the duty of each county clerk upon the receipt of the at the general election to be held on the sixth day of November, one notice from the Secretary of State, to file and record it in his office, thousand eight hundred and ninety-four in the manner following, and in all respects proceed thereon pursuant to chapter six hun- that is to say: dred and eighty of the Laws of one thousand eight hundred and The submission shall be in three separate propositions as follows: ninety-two so far as the same is applicable. First. The proposed Revised Constitution, except the proposed But no failure of such publication, filing or recording, shall invalidate or affect the submission of the said propositions to the amendments to sections two three four, and five of article three people as hereinbefore prescribed or the result of their action providing a new legislative apportionment, and except the proposed thereon. new section ten of article seven providing for the improvement of the canals. In Convention, September 29th, 1894. Second. The proposed amendments to sections two, three, four A true copy. JOSEPH HODGES CHOATE, and five of article three, providing a new legislative apportionment. President. Third. The proposed new section of article seven providing for CHARLES ELLIOTT FITCH, the improvement of the canals. Secretary. There shall be three ballot -boxes at each polling place for the reception of ballots on said propositions. Two kinds of official ballots shall be provided at public expense at each polling -place, The following are the forms of ballots prescribed by the resolu- indorsed on the back with the words "Revised Constitution " and tion of the Constitutional Convention of eighteen hundred and in the form prescribed by law. ninety-four, for the submission of the Revised State Constitution and amendments therein provided There shall be printed on the face thereof below the perforated line upon each of one kind of such official ballots the following " FOR words, that is to say: " FOR the Revised Constitution, except the provisions thereof relating to Legislative Apportionment and Canal Improvement" the Revised Constitution, except the provisions thereof relating to Legislative Apportionment and Canal Improvement!' " AGAINST There shall be printed on the face thereof below the perforated the Revised Constitution except the provisions thereof relating line upon each of the other kind of such official ballots the following to Legislative Apportionment and Canal Improvement." words, that is to say: "AGAINST ' " FOR the Revised Constitution except the provisions thereof relating to sections two, three, four and five of article three of the Revised Legislative Apportionment and Canal Improvement." Constitution relating to Legislative Apportionment." Two kinds of official ballots shall be in like manner provided at "AGAINST each polling -place, indorsed on the back with the words " Consti- sections two three four and five of article three of the Revised tutional Amendment, Legislative Apportionment" and in the form Constitution relating to Legislative Apportionment.„ prescribed by law. There shall be printed on the face thereof below the perforated ” FOR line upon .each of one kind of such official ballots the following words, that is to say: section ten of article seven of the Revised Constitution relating " FOR to the improvement of the Canals. sections two, three, four and five of article three of the Revised "AGAINST Constitution relating to Legislative Apportionment." section ten of article seven of the Revised Constitution, relating There shall be printed on the face thereof below the perforated to the improvement of the Canals." line upon each of the other kind of such official ballots the following Yours respectfully, words, that is to say: 9 f`AGAINST ! sections two, three, four, and five of article three of the Revised Con- (` Secretary of State. stitution relating to Legislative Apportionment." Two kinds of official ballots shall be in like manner provided at each balloting --place, indorsed on the back with the words " Consti- tutional Amendment, Canal Improvement," and in the form pre- scribed by law. There shall be printed on the face thereof below the perforated line upon each of one kind of such official ballots the following words, that is to say:° "FOR section ten of article seven of the Revised Constitution relating to the Improvement of the Canals." There shall be printed on the face thereof below the perforated line upon each of the other kind of such official ballots the following words, that is to say: "AGAINST section ten of article seven of the Revised Constitution, relating to the Improvement of the Canals." If a majority of the votes cast indorsed " Revised Constitution" shall contain on the inside the words "For the Revised Constitution, except the provisions thereof relating to Legislative Apportionment, and Canal Improvement," then the proposed Revised Constitution shall be the Constitution of the State of New York, except as the same may be modified by the result of the vote upon the second and third propositions, above specified. If a majority of the votes cast so indorsed shall contain on the inside the words "Against the Revised Constitution, except the pro- visions thereof relating to Legislative Apportionment and Canal Improvement," then the proposed Revised Constitution shall be declared rejected and the present Constitution shall remain in force, except as the same may be modified by the result of the vote on the second and third propositions, above specified. If a majority of the votes cast indorsed " Constitutional Amend- ment Legislative Apportionment" shall contain on the inside the words " For sections two, three, four, and five of article three of the Revised Constitution relating to Legislative Apportionment," then the amended sections therein described shall be sections two, three, four and five, of article three of the Constitution. If a majority of the votes cast, so indorsed, shall contain on the inside the words " Against sections two, three, four, and five of article three of the Revised Constitution relating to Legislative Apportionment," the said amendment shall be declared rejected and sections two, three, four and five of article three of the present Constitution shall remain in force and effect. If a majority of the votes cast indorsed " Consti- tutional Amendment, Canal Improvement," shall contain on the inside the words " For section ten of article seven of the Revised Constitution relating to the Improvement of the Canals," then the said proposed amendment shall be section ten of article seven of the Revised Constitution or section fifteen of article seven of the exist- ing Constitution as the case may be. If a majority of the votes cast indorsed " Constitutional Amend- ment, Canal Improvement" shall contain on the inside the words " Against section ten of article seven of the Revised Constitution -V ILEb U S 8 IA