USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 26
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Provision was made for the appointment, by the Appelate Division in the First and Second departments, of Supreme Court commisioners, to act as referees or to determine the compensation to be paid when private property is taken for a public use and to perform such other duties as might be de- volved upon them by special order, rule of court, or the civil practice rules. Jurisdiction of county courts in common law actions for the recovery of money only was increased from $2,000 to $3,000.
Recognizing that greater efficiency would follow consolida- tion of numerous small courts into single tribunals, so organ- ized that their entire judicial force might be kept occupied by the distribution of the business within the jurisdiction of the court among its various terms and parts, provision was made for the extension, from and after January 1, 1917, over the whole city of New York, of the jurisdiction of the Court of
Enod by GEHALL NY THE STATE CAPITOL_FRONT(EAST) ELEVATION
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General Sessions in and for the city and county of New York, the abolition of the County Court of Kings, Queens, Richmond and Bronx, and the transfer to the Court of General Sessions of the criminal jurisdiction of those courts. Provision was also made for the extension from and after January I, 1917, of the jurisdiction of the City Court over the whole city of New York, the transfer to it of the civil jurisdiction of the county courts of Kings, Queens, Richmond and Bronx, and the increase of its jurisdiction in common law actions for the recov- ery of money to $3,000.
In order to obviate delays in criminal cases, the new Con- stitution would authorize the Legislature to confer upon any inferior local court power to try without a jury offences of the grade of misdemeanor. It was provided that any person might, in the manner prescribed by law, after examination or commitment by a magistrate, waive indictment and trial by jury on a charge of felony, punishable by not exceeding five years' imprisonment or of an indictable misdemeanor, all sub- sequent proceedings being had by information before a su- perior court of criminal jurisdiction, or a judge or justice thereof. This would remove a source of serious complaint in those counties where sometimes a period of three or four months elapsed between grand juries, so that a person charged with crime, even if willing to plead guilty, must be held on bail, or kept in prison, until the next session of the Grand Jury, in order that the formality of indictment might be preserved before his plea could be received. It was provided that in any criminal case the party accused should have the right to at least one appeal. Further, it was provided that every person should be entitled to the equal protection of the laws.
The case of delinquent children was given close study. The convention wished to look upon them as wards of the State, not as criminals, and they wished to save them from the demoralization that close contact with adult criminals
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might cause. The Legislature, therefore, was enabled, by the Constitutional amendment, to regulate the domestic relations on a broader basis than the mere enforcement of penal laws ; it was empowered to establish Children's Courts and Courts of Domestic Relations, as separate courts or as parts of ex- isting courts or courts thereafter created, said courts to have such equity and other jurisdiction as might be necessary for the correction, protection, guardianship and disposition of de- linquent, neglected or dependent minors, and for the punish- ment of adults responsible therefor, and of all persons legally chargeable with the support of wife or children who have abandoned or neglected to support either.
The Court of Claims was continued as a constitutional tri- bunal, "to prevent partisan political legislation" affecting it.
VIII. The convention recommended the adoption of a new article respecting taxation. It provided that the power of taxation should never be surrendered, suspended or contracted away, except as to securities of the State or a civil division thereof, and that thereafter no exemption from taxation should be granted, save by general laws, and upon the affirmative vote of two-thirds of the members elected to each House. The Legislature was also empowered to assess real property theretofore locally assessed, the object being to provide a uni- form rule of assessment for all purposes in a county division.
IX. The creation of a Department of Conservation, to con- sist of nine commissioners was recommended, said commis- sioners, serving without compensation, being charged with the development and protection of the natural resources of the State.
X. The needs of the wage-earning class were recognized : (I) by recommending the creation of a Department of Labor and Industry as one of the civil departments of the State, with an industrial commission or commissioner at its head; (2) by including in the amended Constitution the provisions of the Workmen's Compensation Amendment, adopted in 1913, and
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extending its provisions ; (3) by empowering the Legislature to prohibit manufacturing in tenement houses, and thus re- move a deplorable condition of child labor.
XI. Constitutional prohibition against the sale, lease or other disposition of the Erie or other State canals was ex- tended.
XII. The provisions of the existing Constitution, respect- ing the composition of the Senate and Assembly, were only slightly changed, to provide for reapportionment after the year 1916, based on Federal census.
XIII. The educational code of existing Constitution, pro- viding for the maintenance and support of a system of free common schools was left unchanged.
XIV. The delegates did not wish to make more difficult the adoption of Constitutional amendments, but in order that the public, through their elected representatives, might be made fully cognizant of all attempts at amendment, it was provided that in case of the adoption of any proposed amend- ments to the Constitution by either House of the Legislature, the two Houses should on the first Tuesday following such adoption, convene in joint session to consider the amendment, but that same should not be passed until after it had lain, in final printed form, upon the desks of the members for at least five days prior to final action.
The revised Constitution was submitted to the people on November 2, 1915, but was not ratified in any of its articles. The voting was :
For the Amended Constitution. 400,423
Against 910,462
For Amendment of Section 1, Article II (Suffrage)
553,348
Against 748,332
For Amendment of Section 4, Article
VII (State Debt) . 430,423
Against 725,784
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For Legislative Apportionment. 371,588
Against 891,337
For New Article X (Taxation ) . 346,922
Against 924,57I
A year later the electors were again asked to express their will as to the calling of another convention to revise the Con- stitution. Again they voted it down, the figures being : For, 506,563 ; against, 658,269. Two specific amendments (suffrage and city debt limit) were, however, passed in 1917; three, State debts, highway construction in forest preserves, and canal sale or leasing, in 1918. Two amendments were passed in 1919, the first relating to drainage and the other to absentee voting ; but two were rejected, both as to increases in salaries of public servants. In 1920 amendment of Sections 2, 4, 5, II and 12 of Article VII, as to State indebtedness, received an overwhelming affirmative vote. Of seven amendments sub- mitted to the people in 1921, five were passed, the subjects being voting qualifications, literacy, establishing governing bodies in Nassau and Westchester counties ; establishing Chil- dren's Courts and Courts of Domestic Relations, disposition of portion of the Erie Canal, and another on the same subject. In 1922 an amendment as to special city bills was passed, but another to increase the salaries of the judges of the Court of Appeals was rejected. In 1923 a new section (No. 13) was added to Article VII, to authorize payment of bonus to sol- diers, sailors and marines of the World War. Another amend- ment passed extended absentee voting right to inmates of soldiers' and sailors' homes. Another amendment accepted in 1923 related to home rule of cities; those rejected were one for water power development in the forest preserve, and another regarding debt limitation of a city or county.
CHAPTER XXXV. CONSTITUTIONAL HISTORY. The Existing Constitution.
A very brief synopsis of the revised Constitution of the State of New York, adopted on November 6, 1894, as amended and in force on January I, 1924, is as follows :
ARTICLE I.
Section I provides that no member of this State shall be disfranchised, unless by the law of the land. Section 2 provides for trial by jury, except where the parties in civil cases waive that right. Section 3 protects "all mankind" in the free exercise and enjoyment of religious profession and worship, "without discrimination or preference," but the "liberty of con- science" thus secured does not "justify practices inconsistent with the peace or safety of this State. Section 4 guards the writ of habeas corpus from suspension. Section 5 protects citizens against "cruel and unusual punishments," and excessive bail and fines. Section 6 provides that no person shall be held to answer for a "capital or otherwise infamous" crime unless on presentment or indictment of a Grand Jury. Accused is to be permitted to defend himself or to engage counsel; he shall not twice be put in jeopardy for the same offense, nor be compelled to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor be deprived of his private property needed for public use without just compensation. The value of private property taken for public use, when compensation is not made by the State, may be ascertained, by a jury, or by the Supreme Court with or without a jury, or by commis- sioners appointed by a court of record, is the provision of Section 7. The next section, No. 8, covers the freedom of speech and press; "no law shall be passed to restrain or abridge the liberty of speech, or of the press," and in case of criminal prosecutions for libels, the jury shall have the right to determine the law and the fact; the truth may be given in evidence, and publication of the truth "with good motives and for justifiable ends" is not to be deemed a punishable offense. Section 9 gives the People the right to assemble peacefully and to petition the Government; forbids divorce save by due judicial proceedings; and bans lotteries, and all other kinds of gam- bling. Section 10 provides that all lands the title to which shall fail, from a defect of heirs, shall revert or escheat to the People of the State. Sec- tion II abolishes all feudal tenures, "saving however all rents and services certain which at any time heretofore have been lawfully created or reserved." Section 12 recognizes all lands within the State as allodial. Section 13 guards against recurrence of manorial system of tenure, by rendering invalid
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any lease of agricultural land for a longer term than twelve years. Section 14 abolishes, or renders void, all quater-sales or other restraints reserved in land leases. Section 15 refers to Indian land-titles, and invalidates all land transactions of and with the Indians made since October 14, 1775. Section 16 embraces in the Constitution of the State "such parts of the common law, and of the acts of the Legislature of the Colony of New York as together did form the law of the said colony, on the nineteenth day of April, 1775," and of subsequent State legislation in force in 1894. The adoption however is modified by the clause: "But all such parts of the common law and such of the said acts, or parts thereof, as are repugnant to this Consti- tution, are hereby abrogated." Section 17 recognizes as valid all grants of land within this State made by the King of England prior to the fifteen day of October, 1775. Section 18 gives right of action to recover damages for injuries resulting in death, and forbids statutory limitation of amount recov- erable. Section 19, as adopted on November 4, 1913, on the subject of workmen's compensation, gives the Legislature power to enact laws "for the protection of the lives, health, or safety of employees," or for the pay- ment of compensation of injuries sustained.
ARTICLE II.
Section I, as amended November 6, 1917, and November 8, 1921, gives voting privilege to every citizen of the age of twenty-one who has been resident in the State for one year next preceding an election. Citizens by marriage, however, must show prior residence of five years within the State, and illiterate citizens are denied the right to vote, the amendment of Novem- ber 8, 1921, providing that "after January first, one thousand nine hundred and twenty-two, no person shall become entitled to vote by attaining major- ity, by naturalization or otherwise, unless such person is also able, except for physical disability, to read and write English." Section Ia, added by vote of the People at general election November 4, 1919, and as amended November 6, 1923, gives the Legislature authority to provide a manner in which qualified voters, temporarily absent from the State or county, may vote. Section 2 withholds the right of suffrage from any person convicted of bribery, or of any infamous crime. Section 3 declares that no qualified voter shall lose his voting right by absence while employed in the service of the United States, or upon the high seas. Section 4 provides for establish- ment of right of suffrage by registration of voters, at least ten days before each election, said registration to be upon personal application only, in all cities or villages having five thousand inhabitants or more. Section 5 pro- vides for secrecy of voting, which "shall be by ballot, or by such other method as may be prescribed by law." Section 6 provides for bi-partisan constitution of all registration and election boards, except at town and village elections.
ARTICLE III.
Article III relates to the Legislative Department, the legislative power being, by Section I, vested in the Senate and Assembly. Section 2 states
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that the Senate shall consist of fifty members, elected for two years, and that the Assembly shall consist of one hundred and fifty members elected for one year. Section 3 delineates the fifty senatorial districts; Section 4 provides for the enumeration of the inhabitants of the State every tenth year beginning 1895, and for the alteration of senatorial districts where necessary after each census-taking, so as to keep the said districts as equal, in number of inhabitants, as is practicable. Section 5 makes a like provi- sion for apportionment of Assemblymen, and creates the Assembly districts. Section 6 states that each member of the Legislature, of either house, shall receive an annual salary of one thousand five hundred dollars; also one dollar for every ten miles they shall travel; also that Senators shall receive an additional ten dollars a day when sitting in extraordinary session, or when serving as members of the Court for the Trial of Impeachments. Section 7 forbids the appointment of any Senator of Assemblyman to any civil office within the State during his legislative term. By Section 8, no person shall be eligible to the Legislature who at the time of election is, or within one hundred days previous thereto has been, in Federal office, or a member of any city government; and in case of subsequent election to Congress, or appointment to any office under the government of the United States, his acceptance thereof shall vacate his seat in the State Legislature. Section 9 provides for the holding of elections of legislators on the Tuesday "succeeding the first Monday of November"; Section 10 states that a majority of each house shall constitute a quorum to do business; that each house shall determine the rules of its own proceedings, choose its own officers, and that the Senate shall choose its own temporary President, in case of the absence or impeachment of the Lieutenant-Governor, who is ex-officio President of the Senate. Section II orders both houses to keep a journal of its proceedings, and neither to adjourn for more than two days without consent of the other; all sessions must be open "except when the public welfare shall require secrecy." Section 12 grants immunity in any other place for statements made by members, in any speech or debate, in the Legislature. Section 13 states that any bill may originate in either house, but may be amended by the other. Section 14 states that no law shall be enacted except by bill, and that the enacting clause of all bills shall be : "The People of the State of New York, represented in Senate and Assem- bly, do enact as follows." By Section 15, no bill shall be passed or become a law unless the measure, in its final form, has lain for three days, in print, upon the desk of each member of the Legislature; nor shall any bill be passed except by the assent of the majority of the members elected to each branch of the Legislature. Section 16 governs local bills, which shall not embrace more than one subject in one measure; Section 17 states that no existing law or part thereof shall be deemed a part of any new measure unless inserted in said new measure. Section 18 states cases in which the Legislature shall not pass a private or local bill; to change the names of persons; for certain public works; for changing county seats; for changes of venue in civil or criminal cases; for incorporating villages; for provid-
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ing for election of members of Boards of Supervisors; for selecting, drawing, summoning or empanelling Grand or Petit jurors; for regulating the rate of interest on money; for opening and conducting of elections or designating places of voting; for creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed; for granting railroad franchises, or any other exclusive privilege or immunity whatever; for granting to any person or body an exemption from taxation; for building bridges. Legislation in all cases enumerated in this section must be by general law. Section 19 forbids the Legislature to audit private claims against the State. Section 20 states that every bill appropriating the public moneys for private or local purposes shall require the assent of two-thirds of the members elected; by Section 21, no money shall be paid out of the treasury of the State except in pursuance of appropriation by law, nor later than two years after the passage of such appropriation act. Section 22 states that no provision or enactment shall be embraced in the annual Appropriation or Supply Bill unless it relates specifically to some particular appropriation in the bill. Section 23 states that Sections 17 and 18 shall not apply to commissioners bills. Tax bills, by Section 24, are required to be specific, and stating the object to which the tax is to be applied. Section 25 provides for a quorum of three-fifth of the members elected when tax measures are before the Legislature, and that the question shall be taken by yeas and nays. Section 26 states that each county, unless wholly included in a city, shall elect a Board of Supervisors. Exceptions are in the counties of Westchester and Nassau, where the budgetary powers may be taken by a Board of Estimate and Apportionment, leaving legislative powers only to the supervisors. And in a city which includes an entire county, or two or more counties (for instance, New York City), the powers and duties of a County Board of Supervisors may be devolved upon the Municipal Assembly, Common Coun- cil, Board of Aldermen, or other legislative body of the city. Section 27, as amended November 2, 1900, and November 8, 1921, gives the Legislature power to restrict or enlarge the powers of Boards of Supervisors or other governing elective bodies, especially in regard to fiscal matters. Section 28 prohibits the payment of extra compensation by local authorities to any public officer, servant, agent or contractor. Prison labor is the subject of Section 29, which abolishes the contract system, but permits the State to employ convicts in State or public work.
ARTICLE IV.
Article IV covers the Executive Department. Section I vests executive power in a Governor,1 who shall hold his office for two years; a Lieutenant-
I. Governors: Government by the Provincial Congress-Peter van Brugh Livingston chosen May 23, 1775; Nathaniel Woodhull, President pro tem, August 28, 1775; Abraham Yates, Jr., President pro tem, November 2, 1775; Nathaniel Woodhull, December 6, 1775; John Haring, President pro tem, December 16, 1775; Nathaniel Woodhull, February 12, 1776; John
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Governor2 for a like term; both by election. According to Section 2, these officers must be citizens of the United States, must have reached the age of thirty years and have resided within the State for not less than five years. Section 3 gives the Legislative houses, in case candidates for office of Gov- ernor or Lieutenant-Governor have received an equal number of votes at the general election, power to make the choice, by joint ballot. The Governor, by Section 4, shall be the Commander-in-Chief of the military and naval forces of the State, shall have power to convene the Legislature, or Senate only, on extraordinary occasions, and shall receive for his services an annual salary of $10,000, and the use of an executive residence. Section 5 gives the Governor power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment. The Legislature alone can pardon persons convicted of treason. Section 6 gives the powers of the Governor to the Lieutenant-Governor, in the case of the removal of the former by impeachment, death or other cause. Section 7 establishes the Lieutenant-Governor as President of the Senate, but with only a casting vote therein. If, during a vacancy in the office of Governor, the Lieutenant-Governor should also from any cause become incapable of acting as Governor, the President of the Senate shall act as Governor until the vacancy be filled; and if the President of the Senate also become inca- pacitated, the Speaker of the Assembly shall be the Governor pro tem. Sec- tion 8 states that the Lieutenant-Governor shall receive an annual salary of $5,000, without "any other compensation, fee, or perquisite." By Section 9,
Haring, President pro tem, June 19, 1776; Nathaniel Woodhull, July 9, 1776; Abraham Yates, President pro tem, August 10, 1776; Abraham Yates, Jr., August 28, 1776; Peter R. Livingston, September 26, 1776; Abraham Ten Broeck, March 6, 1777; William Smith, President pro tem, April 9, 1777; Pierre van Cortlandt, Vice-President, April II, 1777; Leonard Gansevoort, President pro tem, April 18, 1777; Pierre van Cortlandt, Vice-President, April 21, 1777; Abraham Ten Broeck, April 28, 1777; Pierre van Cortlandt, President of Council of Safety, May 14, 1777.
I. Governors, Under State Constitution-George Clinton, elected July 9, 1777, and qualified July 30, 1777; John Jay, elected April, 1795, and took office July 1, 1795; George Clinton, elected April, 1801; Morgan Lewis, April, 1804; Daniel D. Tompkins, April, 1807; John Tayler (Lieutenant- Governor and) Acting Governor from March, 1817; DeWitt Clinton, elected 1817; Joseph C. Yates, elected November 6, 1822, and took office January 1, 1823; DeWitt Clinton, November 3, 1824; Nathaniel Pitcher (Lieutenant-Governor and) Acting Governor from February II, 1828; Mar- tin van Buren, elected November 5, 1828; Enos T. Throop (Lieutenant- Governor), became Governor upon resignation of Martin van Buren, March 12, 1829, and elected in November, 1830, for full term as Governor; Wil- liam L. Marcy, November 7, 1832; William H. Seward, November 7, 1838; William C. Bouck, November 8, 1842; Silas Wright, November 5, 1844; John Young, November 3, 1846; Hamilton Fish, November 7, 1848; Wash- ington Hunt, November 5, 1850; Horatio Seymour, November 2, 1852; My- ron H. Clark, November 7, 1854; John A. King, November 4, 1856; Edwin
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no bill shall become law until approved by the Governor ; if he approve, he shall sign the bill; but if not, he shall return it with his objections to the house in which it shall have originated. If after reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, and the other house shall act likewise, the measure shall become law notwithstanding the objections of the Governor. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been pre- sented 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. After the final adjournment of the Legislature, no bill shall become a law unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of these items while approving of the other portions of the act; and the appropriation so objected to shall not take effect. The Legislature may, however, override the veto of the Governor and confirm the parts objected to if, on reconsideration, two-thirds of both houses approve of the items in question.
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