Abbildungen der Seite
PDF
EPUB

.

Granting to any corporation, association or individual the right to lay down railroad tracks.

Granting to any private corporation, association or individual any exclusive privilege, immunity or fras. chise whatever.

Granting to any persons, association, firm or corporation, an exemption from taxation on real or personal property.

Providing for building bridges, and chartering companies for such purposes, except on the Hudson River below Waterford, and on the East River, or over the waters forming a part of the boundaries of the State.

The Legislature shall pass general laws providing for the enses enumerated in this section, and for all other cases which in its judgment, may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railrond be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court in the department in which it is proposed to be constructed. may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent

of the property owners. Private claim BECTION Xix. The Legislature shall neither audit nor allow any private claim or account against the bills,

State, but may appropriate money to pay such claims as shall have been audited and allowed arcording to law. Two-thirds acts. SECTION XX. The assent of iwo-thirds of the members elected to each branch of the Legislature shall be

requisite to etery bill appropriating the public moneys or property for lo al or private purposes. The appropria- SECTION XXI. No money shall ever be paid out of the treasury of this state, or any of its funds, or any tion acts. of the funds under its manag-ment, except in pursuance of an appropriation by law; por unless such payment

be made within two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to

fix such sum. Specific appro- SECTION XXII. No provision or enactment shall be embraced in the annual appropriation or supply bill, priation. unless it relates specifically to some particular appropriation in the bill; and any such provision or enactment

shall be limited in its operation to such appropriation. The revision of SECTION XXIII. Sections XVII and XVIII of this article shall not apply to any bill, or the amendments the statutes. to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to

law to revise the statules. Taxes to be stat- SECTION XXIV. Every law which imposes, continues or revives a tax shall distinctly state the tar and ed distinctly. the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or

object. Quorum in the

SECTION XXV. On the final passage, in either House of the Legislature, of any act which imposes, conLegislature. tinues or revives a taz, or creates a debt or charge, or makes, continues or revives any appropriation of public

or trust money or property, or releases, discharges or coinmutes any claim or demand of ihe State, the question shall be taken by yexs and nays, which shall be duly entered upon the journals, and three-tifths of all the

members elected to either House Bhall, in all such cases, be necessary to constituite a quorum therein, The boards of SECTION XXVI. There shall be in each county, except in a county wholly included in a city, a board of supervisors. supervisors, to be composed of such members and elected in such manner and for such period as is or may be

provided by law, In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be d. volved upon the municipal assembly, common council, board of

aldermen or other legislative body of the city. Local legisla- SECTION XXVII. The Legislature shall, by general laws, confer upon the boards of supervisors of the tion.

several counties of the State such further powers of local legislation and administration as the Legislature Prohibition of may, from time to time, deern expedient.

ertra compen- SECTION XXVIII. The Legislature shall not, nor shall the common council of any city, nor any board

sation. of supervisors, grant any extra compensation to any public officer, servant, agent or contractor. Occupation for SECTION XXIX. The Legislature, shall by law, provide for the occupation and employment of prisoners convicta.

sentenced to the several state prians, penitentiaries, jails and reformatories in the State ; and on and after January 1, in the year 1897, no person in any such prison, penitent jail or reform shall be required or allowed to work, while unde sentence thereto, at any ira le, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be farined out, contractel, given or sold to any person, firm, association or corporation. This sectien shall not be construed to prevent the Legislature from providing that convicts may work for, and that the products of their labor muy be disposed of t, the State or any political division thereof, or for or to any public institution owned or managed and controlled by the State, or any political division thereof.

ARTICLE IV. The power of Section 1. The executive power shall be vested in a Governor, who shall hold his office for two years ; the Governor. Lleutenant-Governor shall be chosen at the maine time, and for the same term. The Gopernor and Lieutenant

Governor elected next preceding the time when this section shall take effect, shall hold office until and includPersons eligible ing December 31, 1896, and their successors shall be chosen at the general election in that year.

for Governor SECTION II. No pers in shall be eligible to the office of Governor or Lieutenant-Governor, except a citizen and Lieuten- of the United States, of the age of not less than 30 years, and who shall have been five years nest preceding his

ant Governor. election & resident of this state. When Governor SECTION 111. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing

and Lieuto- members of the Assembly. The persons respectively having the highest number of votes for Governor and ant Governor Lieutenant-Governor shall be elected; but in case two or more shall have an equal and the highest number of are to be elec- votes for Governor, or for Lieutenant-Governor, the two Hnuses of the Legislature at its next annual session ted.

shall forth with by joint ballot, choose one of the said persons so having an equal and the highest number of

votes for Governor or Lieutenant Governor. Powers of Gov- SECTION IV. The Governor shall be Commander in-Chief of the military and naval forces of the State. arvor.

He shall have power to convene the Legislature, or the Seuate only, on extraordinary occasions. At extraordinary sessions no subje t shall be acted upon, except such as the Governor may recommend for consideration.

He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. lle shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of $10,000, and there shall be provided for his use a suitable and furnished executive

residence. Governor's right SECTION V. The Governor shall have the power to grant reprieves, commutations and pardons after conto pardon. viction, for all offences except treason and cases of impeachment, upon such conditions and with such

restrictions and limitations, as he may think prop«r, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for train, he shall bave power to suspend the execution of the sentenre, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or commate the sentence, direct the execution of the sentence, or grant a further reprleve. He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of commutation, pardon or reprieve..

Lor.

Lieutenant-Gov. SECTION VI. In case of the impeachmeat of the fiovernor, or his removal from office, death, inability to

erdor ber omnes discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties Governor. of the office shall devolve upon the Lieutenant-Governor for the resilue of the terın, or unill the disability

giall cese. But when the Governor hall, with the consent of the Legislature, be out of the State, iu time of war, at the head of a military force thereof, he shall continue Commander-in-Chief of all the military force

of the State. Powera of Lien- SECTION VII. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as trusni-Gover. the Governor. He shall be Presidet of the Senate, but shall have only a casting role therein. If during

a veancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or be. come incapable of perforining the duties of his office, or be absent from ihe State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease ; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the speaker of the Assembly shall act as Governor until the vacancy be filled, or the disability

shall cease. Lieutenant-Gov- SECTION VIII, The Lieutenant-Governor shall receive for his services an annual salary of $5,000, and shall ernor's salary. not receive or be entitled to any other compensation, fee or perquisite for any duty or service he may be rem

quired to perform by the Constitution or by law. Governor pre. SECTION IX. Every bill which shall have passed the Senate and Assembly shall, before it becomes a

sented with law, be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his Legislative objections to the House in which 11 shall have originated, which shall enter the objections at large on the bills.

journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that Hlouse shall ngree to pass the bill, it shall be sent, together with the objections, to the other House, by which 16 shall likewise be reconsidered ; and if approved by two-thirds of the members elected to that House, It shall become a law notwithstanding the objections of the Governor. In all such cases, the votes in both Houses shall be determined by yeas and nays, and the names of the inembers voting shall be entered on the journal of each House, respectively. If any bill shall not be returned by the Govern r within ten days (Sunixys excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or inore of such items while approving of the other portion of the bill. In such case, he shall append to the bill, at the time of sigoing it, & statement of the items to which he objects; and the appropriatlon so objected to shall not take effect. If the Legislature be in session, he shall transmit to the House in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If on reconsideration one or more of such items be approved by two-thirds of the members elected to each House, the same shall be part of the law, notwithstanding the objections of the Governor. All the provisions of this section, in relation to bills pot approved by the Governor, shall apply in cases in which he shall withhold his approval from any item or Items contained in a bill appropriating money.

ARTICLE V. Other State

(NOTE. Article V of the Constitution provides for the election by the people or appointment by the Goverofficers.

nor, of other State officers, and prescribes their duties : to wit, the Secretary of State, Comptroller, Treasurer, Attorney-General, State Engineer and Surveyor, Superintendent of Public Works, Superintendent of State Prisons, Commissioners of the Land Office, Commissioners of Canal Fund and Canal Board.]

ARTICLE VI. Article VI of the Constitution provides for the Judiciary of the State.' The Judiciary: The Supreme Court is continued with general jurisdiction in law and equity, subject to such appellate juris.

diction of the Court of Appeals as now is or may be prescribed by law pot inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall consist of the justices now in office, and of the judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of 19 alditional 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 succes

The successors of said justices shall be chosen by the electors of their respective judicial districts. The Legislature is required to divide the State into four judicial districts, the boundaries which are determined by Section II of this Article. For each of these divisions an appellate division of the Supreme Court is provided, the justices to be designated by the Governor.

The official terms of the Justices of the Supreme Court are fixed at 14 years.

The Court of Appeals is provided for in Section VII of this article. The terms of the chief judge and associate Judges are fired at 14 years, and they shall be chosen by the people. The Governor may, with the content of the Senate, designate Justices of the Supreme Court to fill vacancies until the people elect their successors.

SECTION IX of this Article provides for the jurisdfction of the Court of Appeals and Section XII for its coinpensation. In Section XIII the Assembly is given the power of impeachment and the Senate is required to try the judicial officers thus impeached.

In subsequent sections of this article, County Courts, Surrogate Courts, Justices of the Peace and minor

judicial officers are provided. The publication Section XXI. The Legislatore shall provide for the speedy publication of all statutes, and shall regulate of statutes. the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by

any person, Justices of the SECTION XXII. Justices of the Peace and other local judicial officers provided for in Sections XVII and Peace, XVIII, in office when this article takes effect, shall hold their offices until the expiration of their respective

terms. Courts of Spec- SECTION XXIII. Courts of Special Sessions shall have such jurisdiction of offences of the grade of misjal Sessions. demeanors as may be prescribed by law.

ARTICLE VIL The State credit. SECTION 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individ

ual, asg ciation or corporation. Power to incur Skotlov II. The State may, to meet casual deficita or fallures in revenues, or for expenses not provided debt.

for, contra t debts : but such debts, diretly or contingent, singly or in the aggregate, shall not at any time excret $1,000,000; and the moneys, arising from the loans creating such debts shall be applied to the purpose

for which they were obtain:d, or to repay the debt so contracted, and to no other purpose whatever. Debt to repel in- SELTJ» III. In addition to the above limited power to contract debts, the state may contract debts to vasion. renel invasions, suppress insurrection, or defend the state in war; but the money arising from the contracting

of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.

sors.

Authority, to

SECTION IV. Except the debts specified in Sections II and III of this article, no debts shall be hereafter create debt contracted by or in behalf of this state, unless auch debt shall be authorized by a law, for some single work or limited. object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct

annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within 50 years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. Ou the final passage of such bill in either House of the Legislature the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : "Shall this bill pass, and ought the same to receive the sanction of the people!”. Tho Legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability ander such law; but the tas imposed by such act, in proportion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision herein before specified to pay an i discharge the Interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the payment of such debt or liability, and for no other purpose whatever. No such law shall be subinitted to be voted on, within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against The Legislature may provide for the issue of bonds of the State to run for a period not exceeding 50 years in lieu of bouds heretofore authorized but not Issued, and shall impose and provide for the collection of a direct annual tar for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tar shall be levied on account of said sinklug fund and the Legislature shall

reduce the tax to an amount equal to the accruing interest on such debt. Sinking funds. SECTION V. The sinking funds provided for the payment of interest and the extinguishment of the princi

pal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appro

priated or used in any manner other than for the specific purpose for which it shall have been provided. Claims barred SECTION 11. Neither the Legislature, canal board, nor any person or persons acting in behalf of the State, by time, shall audit, allow or pay any claim which, 98 between citizens of the State, would be barred by lapse of time.

This provision shall not be construed to repeal any statute fizing the time within which claims shall be presented or allowed, bor shall it extend to any claim duly presented within the time allowed by law, and prosecuted with due diligence from the time of such presentment. But if the claimant shall be under legal

disability, the claim may be presented within two years after such disability is renoved. The forest pre- SECTION VII. The lands of the State, now owned or hereafter acquired, constitutiog the forest preserve serve.

28 now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged,

or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Canals must not SECTION Vin. The Legislature shall 'not sell, lease or otherwise dispose of the Erie Canal, the Oswego be sold. Canal, the Champlain Canal, the Cayuga and Seneca Canal, or the Black Riser Canal; but they shall remain

the property of the State and under its manageinent forever. The prohibition of lease, sale or oiher disposition herein contained, shall not apply to the canal known as the Main and Hamburg Street Canal, situated in the City of Buffalo, and which extends easterly from the westerly line of Main Street to the westerly line of Hamburg Street. All funds that may be derived from any lease, sale or other disposition of any canal shall

be applied to the improvement, superintendence or repair of the remaining portions of the canals. No canal tolls. Section IX. No toll shall hereafter be imposed on persons or property transported on the canals, but all

boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals, The Legislatare shall annually, by equitable taxes, make provision for the expenes of the superintendence and repairs of the canals. All contracts for work or materials on the oanals shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor : but, if, from any unforseen cause, the terms of any contract shall prove to

be unjust and oppressive the Canal Board may, upon the application of the contractor, cancel such contract The improve SECTION X. The canals may be improved In such manner as the Legislature shall provide by law. A debt ment of the may be authorized for that purpose in the mode prescribed by Bection IV of this article, or the cost of such CADALS. improvement may be defrayed by the appropriation of funds from the State treasury, or by equitablo annoul

tar.

SECTION XI. The Legislature may appropriate out of any funds in the treasury, moneys to pay the acero ing interest and principal of any debt heretofore or hereafter created, or any part thereof, and may set apart in ench fiscal year, moneys in the state treasury as a sinking fund to pay the interest as it falls dae and to pay and dieharge the principal of any debt beretofore or hereafter createst under Section IV of Article VII of the Con. stitution until the same shall be wholly paid, and the principal and income of such sinking fund shall be apo plied to the purpose for which sud sinking fund is created and to no other purpose whatever; and, in the event such moneys no set a part in any final year be sutic ent to provide such sinking fund, a direct annual tar for such year need not be imposed and collected, as required by the provisions of said Section IV of Article

VII, or of any law enacted in pursuance thereof. The improve- Section XII. A debi or debts of the State may be authorized by law for the improvement of highways ment of high- Such highways shall be determined under general laws, which shall also provide for the equitablo apportion

ment thereof among the countles. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of $30,000,000. The pa ment of the annual interest on such debt and the creation of a sinking fund of at least two per cent. per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created there under. The Legislature mas by general laws require the county or town or both to pay to the sinking fund the proportiogate part of the cost of any such blzhway within the boundaries of such county or town and the proportionate part of the interest thereon, but a county shall at any time for any highway be required to pay more than thirty-fise hundrerits of the cost of such highway and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

ARTICLE VIII. Formation of SECTION I. Corporations may be formed under general laws; but shall not be created by special act, es corporations. cept for municipal purposes, and in cases where, in the judginent of the Legislature, the objects of the corpora

lion cannot be attained undermederal laws. All general laws and special acis passed pursuant to this section

may be altered froin time to time or repealed. Dues from cor- SECTION II. Dues from corporations shall be secured by such individual liability of the corporators and

portions. other means as may be prescribed by law. A definition of SECTION III. 'The term corporation as used in this section shall be construed to include all associations corporations, and joint-stock companies having any of the powers or privileges of corporations not possessed by lodividuals

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. The charters of SECTION IV. The Legislatures shall, by general law, conform all charters of savings banks, or institutions savings banks. for savings, to a uniformity of power, rights, and liabilities, and all charters hereafter granted for seb

corporatious shall be made to conform to su h Deral 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 protits of such corporation, and no direitor or trustee of any such bank or Institution shall be interestel in any loan or use of any money or property of such bank or institution for $410gs. The Legislature shall have 0 power to pass any act granting any special charter for banking purposes; but corporations or assoria ions may be formed for such purposes onder general laws.

ways.

6 pecie par

SECTION V. The Legislature shall have no power to pass any law sanctioning in any manner, directly or ments. Indirectly, the suspension of specie payments, by any person, association or corporation, issuing bank notes

of any description. The registry of BECTION VI. The Legislature shall provide by law for the registry of all bills or notes, issued or put in bills.

circulation as money, and shall require ample security for the redemption of the same in specie. Stork-holders 8 KCTION. VII. The stock holders of every corporation and joini stock association for banking purposer, lability. shall be individually responsible to the amount of their respective share or shares of stock in any such cor.

poration or association, for all its debts and liabilities of every kind. Preferred cred- SECTION VIII. In case of the insolvency of any bank or banking association, the billholders thereof shall

ftors of banks. be entitled to preference in payment, over all other creditors of such bank or association. The credit of the SECTION IX. Neither the credit nor the money of the state shall be giren or loaned to or in aid of any State.

association, corporation or private undertaking. This section sball not, however, prevent the Legislature from making soch provision for the education and support of the blind, the deaf and dumb, and jusenile delin. guents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which ruay hereafter

be held, by the State for educational purposes. Credit ot Coup- SECTION X. No county, city, town or village shall hereafter give any money or property, or loan its

ties, cities, money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the towns not to owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be given. be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not

prevent such county, cty, towe 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 centim of the asse-sed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for State or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitations, except such as Dow may exist, shall be absolutely void, ekcept as herein otherwise provided. No county or city whose present indebtedness exceels ten per centom of the assessed valuation of its real estate subject to tantion. shall be allowed to become indebted in any furtber moudt unul such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are (ssued 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 20 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 prodnce an amount equal to the sum of the priocipal and Interest of said bonds at their maturity. All certificates of indebtedness revenue boude issued in anticipe. tion of the collection of ta res, which are not retired within five years after their date of issue, and bond, issued to provide for the supply of water, and any debe hereafter incurred by any portion or part of a city, If there shall be any such debi, shall be included in a certaining the power of the oliy to become otherwise lodebted except that debts incurred by the City of New York after

January 1, 1904, and debts incurred by any city of the second class after January 1, 1908, to provide for the supply of water shall not be so included. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by lax for county or city purposes, in any county containing a city of over 100,000 inhabitants, or any such cliy 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 erotum 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. (Amendment voted on in 1907.) The State board SECTION XI. The Legislature shall provide for a State board of charities, which shall visit and inspect of charities. all institutions, whether State, county, municipal, incorporated or not incorporated, which are charitable,

eleemosypary, correctional or reformatory character, excepting only such institutions as are hereby made subject to the visitation of either of the commissions hereinafter mentioned, but including all reformatortes except those in which adult males convicted of felony shall be confined ; & state commission of lunacy shall visit and inspect all institutions, either public or private, used for the care and treatment of the insane (Dot including 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 as witnesses

or debtors. Governor Ap- SECTION XII. The members of the safd board an l of the said commissions shall be appointed bs the points boards. Governor, by and with the advice and consent of the Senate; and any member may be removed from otice by

the Governor for cause, an opportunity having been given bim to be heard in his defence. Existing laws SECTION XIII. Existing laws relating to institutions referred to in the foregoing sections and to their continued. supervision and inspection, in so far as such laws are not inconsistent with the provisions of the Constitution,

shåll 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. Provision for SECTION XIV. Nothing in this Constitution contained shall prevent the Legislature from making such

the support of provision and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or the bel pless. prevent any county, city, town or village from providing for the care, support, maintenance and secular

education of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and villages to charitable, eleemosynary, correetlonal and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant io rules established

by the State board of charities. Such rules shall be subject to the control of the Legislature by general laws. Commissioners SECTION XV, Commissioners of the State board of charities and commissioners of the State commission

remain in of in lunacy, now holding office, shall be continued in office for the term for which they were appointed. respectfice.

ively, unless the Legislature shall otherwise provide. 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. The common SECTION 1. The Legislature shall provide for the maintenance and support of a system of free common

schools. schools, wherein all the children of this state may be educated. The Regents of SECTION 11. The corporation created in the year 1784, under the name of The Regents of the University 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 Legisla

ture, shall be exercised by not less than nine regents. Capital of the SECTION III. The capital of the common school fund, the capital of the literature fund, and the capital of

common school the United States deposit fund, shall be resper tirely preserved in violate. The revenue of the said common fund.

school fund shall be applied to the support of the common schools; the revenue of the literature fund shall be applied to the support of academies; and the sum of $25,000 of the reventies of the United States deposit

tund shall each year be approprlated to and made part of the capital of the said common school fund. Denominational BECTION IV. Neither the state nor any subdivision thereof, shall use its property or credit or any publle scbools. money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for

examination or inspection, of any school or institution of learning wholly or in part under the control or dj. recison of may religlous denomination, or in which say denominational tenet or doctrine is taught.

ARTICLE X. Governor may SECTION 1. Sheriffs, clerks of counties, district-attorneys and registers in counties having registers, shall

remove certain be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall odicers. happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those

of a city, where such officers shall be chosen by the electors once in every two or four years, as the Legislature shall direct. Sheriffs shall hold no other office and be inel gible for the next ter after the termination of their offices. They may be required by law to renew their security, from t me 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 bave been elected; giving to such officer a copy of the charges against him, and an opportunity of being

heard in his defence. Appointment Section II. All county officers whose election or appointment is not provided for by this Constitution, shall

and election of be elected by the electors of the respec counties or appointed by the boards of supervisors, or other county county of authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment ficers.

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 Legis

lature may direct. The duration of SECTION III. When the duration of any office is not provided by this Constitution it may be declared by

& term. law, and if not so declared, such office shall be held during the pleasure of the authority making the The time of elec- appointment. tion.

SECTION IV. The time of electing all officers named in this article shall be prescribed by law. Vacancies in SECTION V. The Legislature shall provide for filling vacancies in office, and la case of elective officers, no offices. person appointed to till a vacancy shall hold his office by virtue of such appointment longer than the com

mencement of the political year next succeeding the first annual election after the bappening of the vacancy: The political Section VI. The political year and legislative terri shall be in on the first day of January; and the year.

Legislature shall, every year, assemble on the first Wednesday in January. Laws for Re- SECTION VII. Provision shall be made by law for the reinoval for misconduct or malversation in odice of i moval of of- all officers, except justicial, whose powers and duties are not local or legislative and who shall be elected at ficers.

general elections, and also for supplying vacancies created by su h removal. Laws regarding SECTION VIII. The Legislature may declare the cases in which any office shall be deemed vacant when no

Vacancies, provision is made for that purpose in ibis Constitution. The compense- SECTION IX. No officer whose salary is fixed by the Constitntion shall receive any additional compensetion of officers tion. Each of the other State officers namned in the Constitution shall, during his continuance in office, receive

& compensation, to be fixed by law, which shall not be increased or diminishe i during the term for which he shall have seen elected or appointed; nor shall he receive.io his use any fees or perquisites of office as other compensation,

ARTICLE XI. The State mllitia SECTION I. All able-bodied male citizens between the ages of 18 and 45 years, who are residents of the

State, shall constitute the militia, subject, however, to such exemptions as are now, or may be hereafter created

by the laws of the United States, or by the Legislature of this state. Enlistment of SECTION II. The Legislature may provide for the enlistment into the active force of such other persons

soldiers. as may make application to be so enlisted. Militia to be or- Section III. The militia shall be organized and divided into such land and naval, and active and reserve ganized. forces as the Legislature may deem proper, provided, however, that there shall be inaintained at all times :

force of not less than ten thousand eullsted 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 suficient appropriation for

the maintenance thereof. Governor to ap- BECTION IV. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp

point officers, and military secretary, all of whoin slali hold office during his pleasure, their commissions to expire with the !

term for which the Governor shall have been elected; he shall also nominate, and with the consent of the

Senate appoint, all major-generals. Laws concern- SECTION V. All other commissioned and non-commissioned officers shall be chosen or appointed in such ing officers,

manner as the Legislature may deem most conducive to the improvement of the militia, provided, however, that no law shali le passed changing the existing mode of eleciion and appointment unless two-thirds of the

members present in each House shall concur therein. Governor to BECUON VI. The commissioned officers shall be commissioned by the Governor as commander-in-chief.

commission No commissioned officer shall be removed from office during the term for which he shall have been a pointed oficers. 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. The organiza

SECTION I. It shall be the duty of the Legislature to provide for the organization of cities and incorpo top of cities rated villages, and to restrict their power of taxation, Assessment, borrowlog money, contracting debis, and and villages. loaning their credit, so as to prevent abuses in assessments and in contracting debt by such wupicipal

corporations; and the Legislature may regulate and fix the wages or salaries, the hours of work or labur, and make provision for the protection, welfare and safety of persons employed by the State or by any county, city, town, village or other civil division of the State, or by any contractor or sub-contractor performing

work, labor or services for the State, or for any county, city, town, village or other civil division thereof. Classification of SECTION II. All cities are classified according to the latest state enumeration, as from time to time made cities,

as follows: The first class includes all cities having a population of 175.000 or more; the second class, all cities having a population of 50,000 and less than 175,000; the third class, all other cities. Laws relating to the property, affairs of government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or inore 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 L«gislature, the House in which ii originated shall immediately transmit a certified copy thereof to the Mayor of such city, and within 15 days thereafter the Mayor shall return euch 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 Lagislative body in cities of the first class. The Legislature shall provide for a public notice and opportunity for a public hearing conceruing any such bill in every clty to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the Mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the Governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the clty or cities to which it relates, or within such 15 days is not returned, it may nevertheless agala be passed by both brauchos of the Legislature, and it shall then be subject as are other bills, to the action of the Governor. In every special city law which has been accepted by the city or cities to which,

« ZurückWeiter »