Members to be reapportioned. Districts to be altered. enumeration as near as can be ascertained, and the apportionment and districts shall remain unaltered until another enumeration shall be made as herein provided. No town shall be divided in the formation of assembly districts. Every county heretofore established and separately organized, except the county of Hamilton, shall always be To remain entitled to one member of the assembly, and no new county shall be hereunaltered. after erected, unless its population shall entitle it to a member. The Each coun- county of Hamilton shall elect with the county of Fulton, until the ty entitled population of the county of Hamilton shall, according to the ratio, be entitled to a member. But the legislature may abolish the said county of Hamilton, and annex the territory thereof to some other county or counties. Nothing in this section shall prevent division at any time of counties and towns, and the erection of new towns and counties by the legislature.' to one member except Hamilton. Hamilton. to elect with Fulton. Pay of Mileage. § 6. Each member of the legislature shall receive for his services an members. annual salary of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day.' No member to receive civil appointment. Persons disqualified members. § 7. No member of the legislature shall receive any civil appointment within this state, or the senate of the United States, from the governor, the governor and senate, or from the legislature, or from any city government during the time for which he shall have been elected; and all such appointments and all votes given for any such member for any such office or appointment shall be void.' 8. No person shall be eligible to the legislature who, at the time of from being his election, is, or within one hundred days previous thereto has been, a member of congress, a civil or military officer under the United States, or any officer under any city government; and if any person shall, after his election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, or under any city government, his acceptance thereof shall vacate his seat. Time of annual election. Powers of each house. Contested seats. be kept. § 9. The elections of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the legislature. § 10. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor." Journals to § 11. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. Freedom § 12. For any speech or debate in either house of the legislature, the in debate. members shall not be questioned in any other place. 1 19 N. Y., 41; 20 N. Y., 447; 2 Abb. Ct. Ap. Dec., 534; 21 Wend., 563; 19 Barb., 41. 28 N. Y., 324; 3 Cow., 686; 80 N. Y., 117; 32 Hun, 586; 98 N. Y., 583. *As amended by vote of the people, Nov. 3, 1874. Went into effect Jan. 1, 1875. § 13. Any bill may originate in either house of the legislature, and all Bills may bills passed by one house may be amended by the other. originate in either § 14. The enacting clause of all bills shall be "The People of the house. State of New York, represented in senate and assembly, do enact as fol- clause of lows," and no law shall be enacted except by bill.' Enacting bills. members § 15. No bill shall be passed unless by the assent of a majority of all Majority of the members elected to each branch of the legislature, and the question elected reupon the final passage shall be taken immediately upon its last reading, quired to and the yeas and nays entered on the journal. pass bills. § 16. No private or local bill, which may be passed by the legislature, Private or shall embrace more than one subject, and that shall be expressed in the local bills. title." law not to *§ 17. No act shall be passed which shall provide that any existing law, Existing or any part thereof, shall be made or deemed a part of said act, or which be made a shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act.* *§ 18. The legislature shall not pass a private or local bill in any of the following cases: Changing the names of persons. part of an ing it there act except by insert in. Private and local bills, in Laying out, opening, altering, working or discontinuing roads, high- what cases ways or alleys, or for draining swamps or other low lands. Locating or changing county seats. they may not be passed. Providing for changes of venue in civil or criminal cases. Providing for the election of members of boards of supervisors. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. 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. laws to be dition upon The legislature shall pass general laws providing for the cases enumer- General ated in this section, and for all other cases which in its judgment may be passed. provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the Street railconsent of the owners of one-half in value the property bounded on, and roads, con the consent also of the local authorities having the control of that por- which they tion of a street or highway upon which it is proposed to construct or thorized. operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the general term of the supreme court, in the district in which it is proposed to be constructed, may, 135 How. Pr. R., 50; 102 N. Y, 475. 27 Barb., 575, 581; 8 N. Y., 324; 31 How. Pr. R., 289. 342 N. Y, 186; 50 Ń. Y., 553; 49 N. Y., 132; 42 N. Y., 410; 56 N. Y., 261; 52 N. Y., 651; 35 N. Y., 449; 19 N. Y., 116; 16 N. Y., 58; 8 N. Y., 241; 5 N. Y. 285; 61 Barb., 462; 54 Barb., 485; 22 Barb., 634; 19 Barb., 81; 15 Barb., 657; 3 Barb., 162; 44 How. Pr. R., 376; 45 How. Pr. R., 155; 47 How. Pr. R., 509, 520; 13 Abb. Pr. R. (N. S.), 121; 1 N. Y. S. C. R. (T. & C.), 311; 3 id., 235; 4 id., 378; 49 N. Y., 133; 50 N. Y., 504; id., 525; 58 N. Y, 323; id., 516, 59 N. Y., 83; 70 N. Y., 327; 60 N. Y., 507; 1 Hun, 593; 3 Hun. 97; 4 T. & C., 87; id., 365, 378; 13 Abb. N. S., 121; 6 J. & S., 492; 47 How. Pr 420; 48 How. Pr.. 457; 74 N. Y., 95; 76 N. Y., 186; 79 N. Y., 279; 22 Hun, 208; 56 N. Y., 261; 67 N. Y., 568; 2 N. Y. Crim. R., 246; 3 id., 318; 16 Abb. N. C., 290; 27 Hun, 12; 29 Hun, 70; 31 Hun, 426, 516; 33 Hun, 286; 36 Hun, 24, 496; 39 Hun, 224; 43 Hun, 124, 614; 82 N. Y., 196; 86 N. Y., 1, 437, 623; 89 N. Y., 67, 392; 91 N Y., 616; 91 N. Y., 116, 191; 94 N. Y., 197; 96 N. Y., 227; 99 N. Y., 532, 569; 101 N. Y., 11, 188, 303; 102 N. Y., 58; 107 N. Y., 185, 329, 593. 432 Hun, 86; 33 Hun, 392; 34 Hun, 456; 37 Hun, 60; 39 Hun, 223; 67 N. Y., 569; 98 N. Y., 158; 101 N Y., 9, 183, 294; 102 N. Y., 48; 107 N. Y., 593. Sections 17 to 25, both inclusive, added by vote of the people, Nov. 3, 1874. Went into effect Jan 1, 1875. may be au The legislature not to audit or al low any private claim. Bill impos ing a tax, manner of passing. Same sub ject. Board of supervisors. Local legis lative powers conferred on boards of supervisors. No extra compensation to be 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.' § 19. The legislature shall neither audit nor allow any private claim or account against this state, but may appropriate money to pay such claims as shall have been audited and allowed according to law." *§ 20. Every law which imposes, continues or revives a tax shall distinctly state the tax and 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.* *§ 21. On the final passage, in either house of the legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein.* § 22. There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof. *§ 23. The legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the legislature may from time to time deem expedient. *§ 24. The legislature shall not, nor shall the common council of any granted to city nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor. a public of ficer, servant, agent, or con tractor. Sections seventeen and eighteen not to ap ply to certain bills. power. 6 § 25. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the legislature by commissioners who have been appointed pursuant to law to revise the statutes." ARTICLE IV. *SECTION 1. The executive power shall be vested in a governor, who Executive shall hold his office for three years; a lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenantgovernor elected next preceding the time when this section shall take effect shall hold office during the term for which they were elected. Qualifica. tions of governor. governor and lieutenantgovernor. *§ 2. No person shall be eligible to the office of governor or lieutenantgovernor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years, next preceding his election, a resident of this state. Election of §3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assembly. The persons respectively having the highest number of votes for governor and lieu15 Abb. N. C., 383; 70 N. Y., 327, 361; 75 N. Y., 335; 3 Abb. N. C., 467, 476; 67 N. Y., 569; 12 Daly, 108, 504; 13 Daly 252; 26 Hun, 492; 27 Hun, 582; 28 Hun, 469, 476; 29 Hun, 303, 391, 626; 30 Hun, 98, 396; 31 Hun, 72; 32 Hun, 82; 33 Hun, 220, 332; 34 Hun, 422; 37 Hun, 446; 38 Hun, 223; 39 Hun, 223; 40 Hun, 20, 190; 41 Hun, 425; 42 Hun, 77, 621; 86 N. Y, 1; 89 N. Y., 75; 92 N. Y., 1, 128; 93 N. Y., 313; 95 N. Y., 135; 96 N. Y., 158; 98 N. Y., 146, 585; 99 N. Y., 538, 569; 102 N. Y., 48, 343, 471; 107 N. Y., 42, aff'g 42 Hun, 621; 107 N. Y., 159. 2 89 N. Y., 66; 102 N. Y., 48. 36 Lans., 92; 27 Hun, 188; 36 Hun, 496; 92 N. Y., 311; 100 N. Y., 585; 104 N. Y., 306; 106 N. Y., 104; 105 N. Y., 76, 560. 454 N. Y., 276; 1 T. & C., 280; 55 N. Y., 390; 4 T. & C., 365; 93 N. Y., 313. 513 N. Y., 143; 8 N. Y., 472; 47 How. Pr. R., 464; 7 Hun, 52; 28 Hun, 476; 33 Hun, 222; 92 N. Y., 1; 99 N. Y., 538. 626 Hun, 508; 33 Hun, 574; 89 N. Y., 52; 102 N. Y., 48. 7 30 Hun, 98; 92 N. Y., 128. As amended by vote of the people, Nov. 3, 1874. Went into effect January 1, 1875. L ine.d A and duties tenant-governor, shall be elected; but in case two or more shall have an tion. § 5. The governor shall have the power to grant reprieves, commuta- Pardoning tions and pardons after conviction, for all offenses except treason and power. cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. governor to lieutenant $6. In case of the impeachment of the governor, or his removal from when office, death, inability to discharge the powers and duties of the said powers of office, resignation, or absence from the state, the powers and duties of the devolve on office shall devolve upon the lieutenant-governor for the residue of the governor. term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall continue commander-inchief of all the military force of the state." tions, pow. lieutenant § 7. The lieutenant-governor shall possess the same qualifications of Qualificaeligibility for office as the governor. He shall be president of the senate, ers and but shall have only a casting vote therein. If during a vacancy of the duties of office of governor, the lieutenant-governor shall be impeached, displaced, governor. resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president of the senate shall act as governor until the vacancy be filled, or the disability shall cease. tion of *§ 8. The lieutenant-governor shall receive for his services an annual Compensasalary of five thousand dollars, and shall not receive or be entitled to any lieutenantother compensation, fee or perquisite for any duty or service he may be governor. required to perform by the constitution or by law. Bills to be ernor for *8 9. Every bill which shall have passed the senate and assembly shall, presented before it becomes a law, be presented to the governor; if he approve, he to the gov shall sign it; but if not, he shall return it with his objections to the signature. house in which it shall have originated, which shall enter the objections If returned at large on the journal, and proceed to reconsider it. If, after such with objec reconsideration, two-thirds of the members elected to that house shall disposed 150 N. Y., 28; 59 Barb, 195. 23 N. Y. Crim R. 241; 36 Hun, 98 *As amended by vote of the people, November 3, 1874. Went into effect January 1, 1875 by him tions, how of. returned within ten days. After ad journment, bills must be ap proved in agree to pass the bill, it shall be sent together with the objections to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. In all such cases, the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house Bills to be respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor. No bill shall become a law after the final adjournment of the Thirty days, legislature, unless approved by the governor within thirty days after such else cannot adjournment. If any bill presented to the governor contain several items of appropriation of money, he may object to one or more of such items while approving of the other portion of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so objected to shall not take effect. If the legislature be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If, on reconsideration, one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the governor. All the provisions of this section, in relation to bills not approved by the governor, shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money.' become law. Governor may object to items of tion in any bill. State offi elected and terms of office ARTICLE V. SECTION 1. The secretary of state, comptroller, treasurer and attorneycers, how general shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article named (except the speaker of the assembly) shall, at stated times during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, to his use, any fees or perquisities of office, or other compensation. State engineer and § 2. A state engineer and surveyor shall be chosen at a general elecsurveyoren tion, and shall hold his office two years, but no person shall be elected and term to said office who is not a practical engineer. of office. Superin public works; appoint ment, powers *§ 3. A superintendent of public works shall be appointed by the govtendent of ernor, by and with the advice and consent of the senate, and hold his office until the end of the term of the governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by and duties. 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 legislature, he shall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the governor, whenever, in his judgment, the public interest shall so require; but, in case of the removal of such superintendent of public works from office, the governor shall file with the secretary of state a statement of the cause of such removal, and shall report such removal, and the cause thereof, to the legislature at its next session. 145 N. Y., 814; 59 Barb., 195. • As amended, by vote of the people, Nov. 7, 1876. Went into effect, Jan. 1, 1877. |