CORNELL UNIVERSITY LIBRARY Cornell University Library JK 3425 1915.A4 The Convent on manual of procedure, form 3 1924 021 533 249 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://archive.org/details/cu31924021533249 THE Convention Manual OF PROCEDURE, FORMS AND RULES FOR THE REGULATION OF BUSINESS IN THE Seventh New York(^tate)Constitutional Convention 1915 A Manual for Use of the Delegates to the Constitutional Convention JE or the State of New York, Prepared Pursuant to the Provision of Chapter 819 of the Laws of 1913, Under the Direction of FRANCIS M. HUGO, Secretary of State EGBURT E. WOODBURY, Attorney-General EUGENE M. TRAVIS, Comptroller ALBANY J. B. LYON COMPANY, PRINTERS 1915 1915 CALENDAR 1915 JANUARY MAY SEPTEMBER s 3 10 17 24 31 M 4 11 18 25 T 5 12 19 26 w 6 13 20 27 T 7 14 21 28 F 1 8 15 22 29 s 2 9 16 23 30 s 2 9 16 23 30 M 3 10 17 24 31 T 4 11 18 25 w 5 12 19 26 T 6 13 20 27 F 7 14 21 28 s 1 8 15 22 29 s 5 12 19 26 M 6 13 20 27 T 7 14 21 28 w 1 8 15 22 29 T 2 9 16 23 30 F 3 10 17 24 s 4 11 18 25 FEBRUARY JUNE OCTOBER s 7 14 21 28 M 1 8 15 22 T 2 9 16 23 w 3 10 17 24 T 4 11 18 25 F 5 12 19 26 s 6 13 20 27 s 6 13 20 27 M 7 14 21 28 T 1 8 15 22 29 w 2 9 16 23 30 T 3 10 17 24 F 4 11 18 25 s 5 12 19 26 s 3 10 17 24 31 M 4 11 18 25 T 5 12 19 26 w 6 13 20 27 T 7 14 21 28 F 1 8 15 22 29 s 2 9 16 23 30 MARCH JULY NOVEMBER s 7 14 M 1 8 15 T 2 9 16 w 3 10 17 T 4 11 18 F 5 12 19 s 6 13 20 s 4 11 18 25 M 5 12 19 26 T 6 13 20 27 w 7 14 21 28 T 1 8 15 22 29 F 2 9 16 23 30 s 3 10 17 24 31 s 7 14 21 28 M 1 8 15 22 29 T 2 9 16 23 30 w 3 10 17 24 T 4 11 18 25 F 5 12 19 26 s 6 13 20 27 21 28 22 29 23 30 24 31 25 26 27 APRIL AUGUST DECEMBER s 4 if 18 25 M 5 12 19 26 T 6 13 20 27 w 7 14 21 28 T 1 8 15 22 29 F 2 9 16 23 30 s 3 10 17 24 s 1 8 15 22 29 M 2 9 16 23 30 T 3 10 17 24 31 w 4 11 18 25 T 5 12 19 26 F 6 13 20 27 s 7 14 21 28 s 5 12 19 26 M 6 13 20 27 T 7 14 21 28 w 1 8 15 22 29 T 2 9 16 23 30 F 3 10 17 24 31 s 4 11 18 25 CONTENTS PAGE Calendar 3 Contents 5 Preface 7 The Constitution of the State of New York 9 New York's Constitutional Conventions 69 Constitutional Provisions in Relation to Constitutional Convention 85 Chapter 819 of the Laws of 1913 in Relation to the Convention 87 Certificate as to the Number of Votes Cast for the Constitutional Convention of 1915 92 Statement of the Number of Votes Cast for the Constitutional Convention of 1915 93 Certificate of Election of the Delegates-at-Large to the Constitutional Conven- tion of 1915 95 State Map of Assembly Districts 96 State Map of Senate Districts 96 State Map of Congressional Districts 96 State Map of Judicial Districts 96 Certificate of Election of Senate District Delegates to the Constitutional Convention of 1915 96 Delegates-at-Large to the Constitutional Convention of 1915 100 Senate District Delegates to the Constitutional Convention of 1915 101 Delegates to the Constitutional Convention of 1894 105 Delegates to the Constitutional Convention of 1915 who were Members of the Constitutional Convention of 1894 109 Organization of the Constitutional Convention of 1894 110 Standing Committees of the Constitutional Convention of 1894 116 Rules of the Constitutional Convention of 1894 117 Rules of the Senate of the State of New York as Adopted January 27, 1915 .... 136 Rules of the Assembly of the State of New York as Adopted January 6, 1915 . . 155 Miscellaneous Rules and Precedents Applicable to Assemblies 172 Index to Constitution of the State of New York 195 Portrait and Sketch of the Governor 219 Portrait and Sketch of the Lieutenant-Governor 221 Portrait and Sketch of the Secretary of State 223 Portrait and Sketch of the Comptroller 225 Portrait and Sketch of the Treasurer 227 Portrait and Sketch of the Attorney-General 229 Portrait and Sketch of the State Engineer and Surveyor 231 Portraits and Sketches of Convention Delegates: PAGE Adams, Floyd J 248 Baldwin, Arthur J 255 Ahearn, John F 249 BanDister, William P 256 Aiken, E. Clarenoe 250 Barnes, William 257 Allen, Francis C 251 Barrett, Henry R 258 Allen, Victor M 252 Baumea, Caleb H 259 Angell, Edward M 253 Bayes, William R 260 Austin, H. Leroy 254 Beaoh, Samuel H 261 Contents PAGE Bell, Gordon Knox 262 Bernstein, J. Sidney 263 Berri, William 234 Betts, Charlea H 264 Blauvelt, George A 265 Bockes, George L 266 Brackett, Edgar Truman 235 Brenner, Jacob 236 Bunce, George H 267 Burkan, Nathan 268 Buxbaum, Isidor 269 Byrne, Edward J 270 Clinton, George, Sr 271 Clearwater, Alphonso P 237 Cobb, D. Raymond 272 Coles, Franklin A 273 Cullinan, Patrick W 238 Curran, Eichard H 274 Dahm, James H 275 Daly, Michael 276 Dennis, Otis A 277 Deyo, Israel T 278 Dick, Homer E. A 279 Donnelly, James F 280 Donovan, Peter 281 , Dooling, John T 282 Doughty, Edgar M . 283 Dow, Charles M 284 Drummond, Michael J 285 Dunlap, W. Barlow 286 Dunmoie, Watson T 287 Dykman, William N 288 Eggleston, Joseph E 289 Eisner, Mark 290 Endres, Mat 291 Eppig, Theodore C 292 Fancher, Samuel H 293 Fobes, Alan C 294 Fogarty, Michael 295 Foley, James A 296 Ford, Lewis H 297 Franchot, Edward E 298 Frank, Philip 299 Gladding, Albert F 300 Gieen, George E 301 Greff, Clarence H 302 Griffin, Anthony J 303 Haffen, Louis F 304 Hale, Ledyard P 305 Harowitz, Abraham 306 Heaton, Willis E 307 Heyman, Harry 308 Hinman, Harold J 309 Johnson, John H '. . 310 Jones, Frank M 311 Kirby, Thomas A 312 Kirk, Hiram M 313 Landreth, Olin Henry 314 Latson, Almet R 315 Law, Robert R 316 Leary, Timothy A 317 Leggett, John C 318 Leitoer, George A 319 Lennox, Frank R 320 Lincoln, Leroy A 321 Linde, Joseph 322 Lindsay, James P 323 Low, Seth 239 Mandeville, Hubert C 324 Mann, Frank 325 Marshall, Louis 240 Martin, Francis 326 Martin, Louis M 327 Mathewson, William F 328 McKean, Andiew P 329 McKinney, William M 330 McLean, Andrew 331 PAGE Mealy, Edward A 332 Meigs, Ferris J 333 Mereness, Charles S 334 Mulry, Thomas N 335 Newburger, Harry W 336 Nicoll, Courtlandt 337 Nicoll, Delancey 338 Nixon, James L 339 Nye, Bertrand W 340 O'Brian, John Lord 241 O'Brien Morgan J 341 O'Connor, Thomas V . . . 342 Olcott, William M. K 343 Ostrander, William S. 344 Owen, Harry E 345 Parker, John M 346 Parmenter, John 347 Parsons, Herbert 242 Pelletreau, Robert S 348 Phillips, Jesse S 349 Phillips, Samuel K 350 Potter, Mark W 351 Quigg, Lemuel E 352 Reeves, Alfred G 353 Rhees, Rush 354 Richards, Eugene Lamb 355 • Rosch, Joseph , .■ 356 Rodenbeck, Adolph J 243 Root, Elihu 233 . Ryan, George J. 357 Ryder, Clayton 358 ■ Sanders, Harry D 359 Sargent, Isaac 360 Saxe, John G 361 Saxe, Martin 362 Schoonhut, Charles 363 Schutman, Jacob Gould 244 Sears, Charles B 364 Sharpe, Severyn B 365 Sheehan, William F 366 Shipman, Andrew J 367 Slevin, William F 368 Smith, Alfred E 369 Smith, Edward N 370 Smith, Ray B 371 Smith, Thomas F 372 Stanchfield, John B 373 Standart, Frank W 374 Steinbrink, Meier 375 Stimson, Henry L 245 Stowell. Merrick 376 Tanner, Frederick C 377 Tierney, Patrick J 378 Tuck, Andrew E 379 Unger, Albert Blogg 380 Vanderlyn, John N 381 Van Ness, Seward H 382 Wadsworth, James W., Sr 383 Wafei, Moses J 384 Wagner, Robert F 385 Ward, Francis P 386 Waterman, Robert S 387 Webber, Charles A 388 Weber, Richard E 389 Weed, John W 390 Westwood, Herman J 391 Wheeler, Monroe 392 Whipple, James S 393 White, Charles J 394 White, John J 395 Wickersham, George W 246 Wiggins, Russell 396 Williams, Perry G 397 Winslow, Francis A 398 Wood, Frank S 399 Young, Charles H 247 Young, Frank L 400 PREFACE This manual has been compiled pursuant to Chapter 819 of the Laws of 1913, by direction and under the supervision of the Secretary of State, Attorney-General and Comp- troller. Besides showing photographs and brief sketches of the delegates and present State officers, it has been the aim of the compilers to furnish the Convention with information which, it is hoped, will be of use in perfecting the organization of the Convention and will serve as- a reference during all its deliberations. THE CONSTITUTION OF THE STATE OF NEW YORK Adopted November 6, 1894; As Amended and in fokce January 1, 1915 Article I § 1. Persona not to be disfranchised. 2. Trial by jury. 3. Freedom of worship; religious liberty. 4. Habeas corpus. 5. Excessive bail and fines. 6. Grand jury — bill of rights. 7. Compensation for taking private property; private roads; drainage of agricultural lands; excess condemnation. 8. Freedom of speech and press; criminal prosecutions for libel. 9. Eight to assemble and petition; divorce; lotteries, pool-selling and gambling, laws to prevent. 10. Escheats. 11. Feudal tenures abolished. 12. Allodial tenures. 13. Leases of agricultural lands. 14. Fines and quarter-sales abolished. 15. Purchase of lands of Indians. 16. Common law and acts of the colonial and state legislatures. 17. Grants of land made by the king of Great Britain since 1775; prior grants. 18. Damages for injuries causing death. 19. Lives, health or safety of employees; (workmen's compensation). Article II 5 I. Qualification of voters. 2. Persons excluded from the right of suffrage. 3. Certain occupations and conditions not to affect residence. 4. Registration and election laws to be passed. 5. Manner of voting. 6. Registration and election boards to be bi-partisan, except at town and village election. Article III § 1. Legislative powers. 2. Number and terms of senators and assemblymen. 3. Senate districts. 4. Enumerations and reapportionments. 5. Apportionment of assemblymen; creation of assembly districts. 6. Compensation of members. [9] 10 Delegates' Manual § 7. Civil appointments of members void. 8. Persons disqualified from being members. 9. Time of elections. 10. Powers of each house. 11. Journals; open sessions; adjournments. 12. Members not to be questioned for speeches. 13. Bill may originate in either house. 14. Enacting clause of bills. 15. Manner of passing bills. 16. Private and local bills not to embrace more than one subject. 17. Existing law made applicable to be inserted. 18. Cases in which private and local bills shall not be passed; restrictions as to laws authorizing street railroads. 19. Private claims not to be audited by legislature. 20. Two-thirds bills. 21. Appropriation bills. 22. Restrictions as to provisions in the appropriation or supply bills. 23. Certain sections not to apply to commission bills. 24. Tax bills to state tax distinctly. 25. When ayes and nays necessary; three-fifths to constitute quorum. 26. Boards of supervisors. 27. Local legislative powers. 28. Extra compensation prohibited. 29. Prison labor; contract system abolished. Article IV § 1. Executive power. 2. Qualifications of governor and lieutenant-governor. 3. Election of governor and lieutenant-governor. 4. Duties and powers of governor; compensation. 5. Reprieves, commutations, and pardons to be granted by governor. 6. When lieutenant-governor to act as governor. 7. Qualifications and duties of lieutenant-governor; succession to the governorship. 8. Salary of lieutenant-governor. 9. Bills to be presented to governor; approval; passage of bills by legis- lature if not approved. Article V § 1. State officers. 2. First election of state officers. 3. Superintendent of public works; appointment; powers and duties of. 4. Superintendent of state prisons; appointment; powers and duties of. 5. Commissioners of the land office; of the canal fund; canal board. 6. Powers and duties of boards. 7. State treasurer; suspension by governor. 8. Certain offices abolished. 9. Civil service appointments and promotions. Constitutional Convention of 1915 11 Article VI § 1. Supreme court; how constituted; judicial districts. 2. Judicial departments; appellate division, how constituted; governor to designate justices; reporter; time and place of holding courts. 3. Judge or justice not to sit in review; testimony in equity cases. 4. Terms of office; vacancies, how filled. 5. City courts abolished; judges become justices of supreme court; sal- aries; jurisdiction vested in supreme court. 6. Circuit courts and courts of oyer and terminer abolished. 7. Court of appeals. 8. Vacancy in court of appeals, how filled. 9. Jurisdiction of court of appeals. 10. Judges not to hold any other office. 11. Removal of judges. 12. Compensation; age restriction; assignment by governor. 13. Trial of impeachments. 14. County courts. 15. Surrogates' courts; surrogates, their powers and jurisdiction; vacancies. 16. Local judicial officers. 17. Justices of the peace; district court justices. 18. Inferior local courts. 19. Clerks of courts. 20. No judicial officer, except justice of the peace, to receive fees; not to act as attorney or counselor. 21. Publication of statutes. 22. Terms of office of present justices of the peace and local judicial officers. 23. Courts of special sessions. Article VII g 1. State credit not to be given. 2. State debts, power to contract. 3. State debts to repel invasions. 4. Limitation of legislative power to create debts. 5. Sinking fund, how kept and invested. 6. Claims barred by statute of limitations. 7. Forest preserve. 8. Canals, not to be sold; not applied to certain canals; disposition of funds. 9. No tolls to be imposed; contracts for work and materials; no extra compensation. 10. Canal improvement, and cost thereof. 11. Payment of state debts. 12. Improvement of highways. Article VIII § 1. Corporations, formation of. 2. Dues of corporations. 3. Corporation, definition of term. 12 Delegates' Manual § 4. Savings bank charters; restrictions upon trustees; special charters not to be granted. 5. Specie payment. 6. Registry of bills or notes. 7. Liability of stockholders of banks. 8. Billholders of insolvent bank, preferred creditors. S>. Credit or money of the state not to be given. 10. Limitation of indebtedness of counties, cities, towns and villages; exception as to city of New York. 11. State board of charities; state commission in lunacy; state commission of prisons. 12. Boards appointed by governor. 13. Existing laws to remain in force. 14. Maintenance and support of inmates of charitable institutions. 15. Commissioners continued in office. Article IX § 1. Common schools. 2. Regents of the university. 3. Common school, literature and the United States deposit funds. 4. No aid in denominational schools. Article X § 1. Sheriffs, clerks of counties, district attorneys and registers; governor may remove. 2. Appointment or election of officers, not provided for by this constitution. 3. Duration of term. 4. Time of election. 5. Vacancies in offices, how filled. 6. Political year. 7. Removal from office for misconduct, etc. 8. Office deemed vacant. 9. Compensation of officers. Article XI § 1. State militia. 2. Enlistment. 3. Organization of militia. 4. Appointment of military officers by the governor. 5. Manner of election of military officers prescribed by legislature. 6. Commissioned officers; their removal. Article XII § 1. Organization of cities and villages. 2. Classification of cities; general and special city laws; special city laws; how passed by legislature and accepted by cities. 3. Election of city officers, when to be held; extension and abridgment of terms. Constitutional Convention of 1915 13 Article XIII § 1. Oath of office. 2. Official bribery and corruption. 3. Offer or promise to bribe. 4. Person bribed or offering a bribe may be a witness. 5. Free passes, franking privileges, etc., not to be received by public offi- cers; penalty. 6. Removal of district attorney for failure to prosecute; expenses of prose- cutions for bribery. Article XIV § 1. Amendments to constitution, how proposed, voted upon and ratified. 2. Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; rules; vacancies; taking effect. 3. Amendments of convention and legislature submitted coincidently. Article XV § 1. Time of taking effect. THE CONSTITUTION We, the People of the State of New York, grateful to Al- mighty God for our Freedom, in order to secure its blessings, do ESTABLISH THIS CONSTITUTION. Article I Persons not to be disfranchised. Section 1. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. Trial by jury. § 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. Freedom of worship ; religious liberty. § 3. The free exercise and enjoyment of religious profession and worship, without dis- crimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify prac- tices inconsistent with the peace or safety of this State. 14 Delegates' Manual Habeas corpus. § 4. The privilege of the writ of habeas cor- pus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. Excessive bail and fines. § 5. Execessive bail shall not be re- quired nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. Grand jury — bill of rights. § 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation. Compensation for taking private property; private roads; drainage of agricultural lands; excess condemnation. *§ 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by the Supreme Court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of * As amended November 4, 1913. Constitutional Convention of 1915 15 others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. The Legislature may authorize cities to take more land and property than is needed for actual construction in the laying out, widening, extending or relocating parks, public places, highways or streets ; provided, however, that the additional land and prop- erty so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. Freedom of speech and press ; criminal prosecutions for libel. § 8. Every citizen may freely speak, write and publish his senti- ments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indict- ments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Right to assemble and petition; divorce; lotteries, pool-sell- ing and gambling, laws to prevent. § 9. No law shall be passed abridging the right of the people peaceably to assemble and to peti- tion the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be author- ized or allowed within this State; and the Legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. Escheats. § 10. The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate prop- erty in and to all lands within the jurisdiction of the State ; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people. Feudal tenures abolished. § 11. All feudal tenures of every description, with all their incidents, are declared to be abolished, 16 Delegates' Manual saving however, all rents and services certain which at any time heretofore have heen lawfully created or reserved. Allodial tenures. § 12. All lands within this State are de- clared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. Leases of agricultural lands. § 13. No lease or grant of agri- cultural land for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. Fines and quarter-sales abolished. § 14. All fines, quarter- sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made shall be void. Purchase of lands of Indians. § 15. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October, one thousand seven hundred and seventy-five ; or which may hereafter be made of, or with the Indians, shall be valid unless made under the authority, and with the consent of the Legislature. Common law and acts of the colonial and State Legislatures. § 16. Such parts of the common law, and of the acts of the Legis- lature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concern- ing the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitu- tion, are hereby abrogated. Grants of land made by the king of Great Britain since 1775; prior grants. § 17. All grants of land within this State, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but nothing contained in Constitutional Convention of 1915 17 this Constitution shall affect any grants of land within this State, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made before that day ; or shall affect any such grants or charters since made by this State, or by persons acting under its authority ; or shall impair the obligation of any debts, contracted by the State or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. Damages for injuries causing death. § 18. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated ; and the amount recoverable shall not be subject to any statutory limitation. Workmen's compensation. * § 19. Nothing contained in this Constitution shall be construed to limit the power of the Legis- lature to enact laws for the protection of the lives, health, or safety of employees ; or for the payment, either by employers, or by em- ployers and employees or otherwise, either directly or through a State or other system of insurance or otherwise, of compensation for injuries to employees or for death of employees resulting from such injuries without regard to fault as a cause thereof, except where the injury is occasioned by the willful intention of the in- jured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which may arise under such legislation; or to provide that the right of such compensation, and the remedy therefor shall be exclusive of all other rights and remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death shall not exceed a fixed or determinable sum; provided that all moneys paid by an employer to his employees or their legal representatives, by reason of the enactment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the employer. * As amended November 4, 1913. 18 Delegates' Manual Article II Qualification of voters. Section 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such elec- tion in the election district of which he shall at the time be a resi- dent, and not elsewhere, for all officers that now are or hereafter may be elective by the people; and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. Persons excluded from the right of suffrage. § 2. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to an- other, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become di- rectly or indirectly interested in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or prom- ised to pay, contributed, offered or promised to contribute to an- other, to be paid or used any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giv- ing or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The Legislature shall enact laws exclud- Constitutional Convention of 1915 19 ing from the right of suffrage all persons convicted of bribery or of any infamous crime. Certain occupations and conditions not to affect residence. § 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while en- gaged in the navigation of the waters of this State, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public expense or by charity ; nor while confined in any public prison. Registration and election laws to be passed. § 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhab- itants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be re- quired to apply in person for registration at the first meeting of the officers having charge of the registry of voters. Manner of voting. § 5. All elections by the citizens, except for such town officers as may by law be directed to be otherwise chosen, shall be by ballot, or by such other method as may be pre- scribed by law, provided that secrecy in voting be preserved. Registration and election boards to be bi-partisan, except at town and village elections. § 6. All laws creating, regulating or affecting boards of officers charged with the duty of registering voters, or of distributing ballots at the polls to voters, or of receiv- ing, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the Legislature may direct. Existing laws 20 Delegates' Manual on this subject shall continue until the Legislature shall otherwise provide. This section shall not apply to town meetings, or to vil- lage elections. Article III Legislative powers. Section 1. The legislative power of this State shall be vested in the Senate and Assembly. Number and terms of senators and assemblymen. § 2. The Senate shall consist of fifty members, except as hereinafter pro- vided. The senators elected in the year one thousand eight hun- dred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The Assembly shall consist of one hundred and fifty members, who shall be chosen for one year. Senate districts. § 3. [For present apportionment of Senate districts see chapter 727, Laws of 1907. For Congressional Dis- tricts see chapter 890, Laws of 1911.] Enumerations and reapportionments. § 4. An enumeration of the inhabitants of the State shall be taken under the direction of the Secretary of State, during the months of May and June, in the year one thousand nine hundred and five, and in the same months every tenth year thereafter ; and the said districts shall be so altered by the Legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contiguous territory, and no county shall be divided in the forma- tion of a senate district except to make two or more senate districts wholly in such county. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts ; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks which, from their location, may be in- cluded in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. Constitutional Convention of 1915 21 No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one- third of all the senators; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional senator or senators such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. Apportionment of assemblymen; creation of assembly dis- tricts. § 5. The members of the Assembly shall be chosen by single districts and shall be apportioned by the Legislature at the first regular session after the return of every enumeration among the several counties of the State, as nearly as may be ac- cording to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately or- ganized, except the county of Hamilton, shall always be entitled to one member of Assembly, and no county shall hereafter be erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the popula- tion of the county of Hamilton shall, according to the ratio, entitle it to a member. But the Legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhab- itants of the State, excluding aliens, by the number of members of Assembly, shall be the ratio for apportionment, which shall be made as follows : One member of Assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining mem- For present apportionment of members of Assembly, see chapter 727, Laws of 1907. 22 Delegates' Manual bers of Assembly shall be apportioned to the counties having more than two ratios according to the number of inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the counties having the highest remainders in the order thereof respectively. No county shall have more members of Assembly than a county having a greater number of inhabitants, excluding aliens. In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and hav- ing no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hun- dred and ninety-five, and at such times as the Legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, ex- cluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment, equal to the number of members of Assembly to which such county shall be entitled, and shall cause to be filed in the office of the Secretary of State and of the clerk of such county, a description of such districts, specifying the number of each district and of the inhabitants thereof, excluding aliens, according to the last pre- ceding enumeration; and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein provided ; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eight hundred and ninety-five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district, the same number of assembly districts shall be put in each senate district, unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. !No town, and no block in a city inclosed by streets Constitutional Convention of 1915 23 or public ways, shall be divided in the formation of assembly dis- tricts, nor shall any districts contain a greater excess in population over an adjoining district in the same senate district, than the population of a town or block therein adjoining such assembly dis- trict. Towns or blocks which, from their location may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens ; but in the division of cities under the first apportionment, regard shall be had to the number of inhabitants, excluding aliens, of the elec- tion districts according to the state enumeration of one thousand eight hundred and ninetytwo, so far as may be, instead of blocks. Nothing in this section shall prevent the division,, at any time, of counties and towns, and the erection of new towns by the Legis- lature. An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may pre- scribe; and any court before which a cause may be pending in- volving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. Compensation of members. § 6. Each member of the Legis- lature shall receive for his services an annual salary of one thou- sand 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 ap- pointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. Civil appointments of members void. § 7. No member of the Legislature shall receive any civil appointment within this State, or the Senate of the LTnited 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. 24 Delegates' Manual Persons disqualified from being members. § 8. No person shall be eligible to the Legislature, who at the time of 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 an 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 elections. § 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. Powers of each house. § 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 to pre- side in case of the absence or impeachment of the Lieutenant- Governor, or when he shall refuse to act as president, or shall act as Governor. Journals; open sessions; adjournments. § 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. Members not to be questioned for speeches. § 12. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place. Bill may originate in either house. § 13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other. Enacting clause of bills. § 14. The enacting clause of all bills shall be " The People of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill. Constitutional Convention of 1915 25 Manner of passing bills. § 15. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State ; nor shall any bill be passed or become a law, except by the assent of the majority of the members elected to each branch of the Legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the journal. Private and local bills not to embrace more than one subject. § 16. No private or local bill, which may be passed by the Legis- lature, shall embrace more than one subject, and that shall be expressed in the title. Existing law made applicable to be inserted. § 17. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be appli- cable, except by inserting it in such act. Cases in which private and local bills shall not be passed; restrictions as to laws authorizing street railroads. *§ 18. The Legislature shall not pass a private or local bill in any of the fol- lowing cases: Changing the names of persons. Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. Providing for election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or petit jurors. Eegulating the rate of interest on money. The opening and conducting of elections or designating places of voting. * As amended November 5, 1901. 26 Delegates' Manual Creating, increasing or decreasing fees, percentages or allow- ances of public officers, during the term for which said officers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. Granting to any person, association, firm or corporation, an ex- emption 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 bound- aries of the State. The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its 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 one-half 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 high- way upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owner cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upen application, appoint three commissioners who shall deter- mine, after a hearing of all parties interested, whether such rail- road ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. Private claims not to be audited by Legislature. § 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. Two-thirds bills. § 20. The assent of two-thirds of the mem- bers elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. Constitutional Convention of 1915 27 Appropriation bills. § 21. No money shall ever be paid out of the treasury of this State or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation or continuing or reviving an appro- priation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum. Restrictions as to provisions in the appropriation or supply bills. § 22. 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; and any such pro- vision or enactment shall be limited in its operation to such appropriation. Certain sections not to apply to commission bills. § 23. 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 pursu- ant to law to revise the statutes. Tax bills to state tax distinctly. § 24. Every law which im- poses, 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. When ayes and nays necessary; three-fifths to constitute quorum. § 25. On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any 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 con- stitute a quorum therein. Boards of supervisors. * § 26. There shall be in each county, except in a county wholly included in a city, a board of super- visors, to be composed of such members and elected in such man- * As amended November 7, 1S99. 28 Delegates' Manual ner 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 coun- ties, the powers and duties of a board of supervisors may be de- volved upon the municipal assembly, common council, board of aldermen or other legislative body of the city. Local legislative powers. * § 27. 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, and in counties which now have, or may hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts, charges, claims or demands against the county, the Legis- lature may confer such powers upon said auditors, or fiscal officers, as the Legislature may, from time to time deem expedient. Extra compensation prohibited. § 28. The Legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor. Prison labor; contract system abolished. § 29. The Legis- lature shall, by law, provide for the occupation and employment of prisoners sentenced to the several State prisons, penitentiaries, jails and reformatories in the State; and on and after the first day of January, in the year one thousand eight hundred and ninety- seven, no person in any such prison, penitentiary, jail or reform- atory, shall be required or allowed to work, while under sentence thereto, at any trade, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted, given or sold to any person, firm, association or corpo- ration. This section shall not be construed to prevent the Legis- lature from providing that convicts may work for, and that the products of their labor may be disposed of to, the State or any political division thereof, or for or to any public institution owned or managed and controlled by the State, or any political division thereof. Article IV Executive power. Section 1. The executive power shall be vested in a Governor, who shall hold his office for two years; a •As amended November 2, 1909. Constitutional Convention of 1915 29 Lieutenant-Governor shall be chosen at the same time, and for the same term. The Governor and Lieutenant-Governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of Decem- ber, one thousand eight hundred and ninety-six, and their success- ors shall be chosen at the general election in that year. Qualifications of Governor and Lieutenant-Governor. § 2. No person shall be eligible to the office of Governor or Lieutenant- Governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years next pre- ceding his election a resident of this State. Election of Governor and Lieutenant-Governor. § 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 Lieutenant-Governor shall be elected ; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. Duties and powers of Governor; compensation. § 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have power to convene the Legis- lature, or the Senate only, on extraordinary occasions. At extra- ordinary sessions no subject shall be acted upon except such as the Governor may recommend for consideration. He shall com- municate by message to the Legislature at every session the con- dition of the State, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. Reprieves, commutations, and pardons to be granted by Gov- ernor. § 5. The Governor shall have the power to grant re- 30 Delegates' Manual prieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the 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 con- victed, the sentence and its date, and the date of the commutation, pardon or reprieve. When Lieutenant-Governor to act as Governor. § 6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the 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-in-Chief of all the military force of the State. Qualifications and duties of Lieutenant-Governor; succession to the governorship. § 7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be President of the Senate, but shall have only a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease ; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease. Constitutional Convention of 1915 31 Salary of Lieutenant-Governor. § 8. The Lieutenant-Gov- ernor shall receive for his services an annual salary of five thousand dollars, and shall not receive or be entitled to any other compensa- tion, fee or perquisite, for any duty or service he may be required to perform by the Constitution or by law. Bills to be presented to Governor; approval; passage of bill by Legislature if not approved. § 9. Every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the Governor ; if he approve, he shall sign it ; but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections 1 at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objec- tions, 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 Gov- ernor. In all such cases the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legisla- ture shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items while approving of the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects ; and the ap- propriation so objected to shall not take effect. If the Legislature be in session, he shall transmit to the house in which the bill orig- inated 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 objec- 32 Delegates' Manual tions of the Governor. All the provisions of this section, in rela- tion to bills not approved by the Governor, shall apply in cases in which he shall withhold his approval from any item or items con- tained in a bill appropriating money. Article V State officers. Section 1. The Secretary of State, Comp- troller, Treasurer, Attorney-General and State Engineer and Sur- veyor shall be chosen at a general election, at the times and places of electing the Governor and Lieutenant-Governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, excepting the Speaker of the Assembly, shall, at stated times during his continu- ance 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 per- quisites of office or other compensation. No person shall be elected to the office of State Engineer and Surveyor who is not a practical civil engineer. First election of State officers. § 2. The first election of the Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor, pursuant to this article, shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of January following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter, their successors shall be chosen for the term of two years. Superintendent of public works; appointment; powers and duties of. § 3. A superintendent of public works shall be ap- pointed by the Governor, by and with the advice and consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by law to give security for the faithful execu- tion 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 construe- Constitutional Convention of 1915 33 txon and improvement of the canals, except so far as the execution oi 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 Super- intendent 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 Legislatae at its next session. The Superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him subject to modification by the Legisla- ture, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the Superintendent of Public Works, whenever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled for the remainder of the term for which he was appointed, by the Superintendent of Public Works ; but in case of the suspen- sion or removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the State Engineer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. The Superintendent of Public Works shall per- form all the duties of the former Canal Commissioners and Board of Canal Commissioners, as now declared by law, until otherwise provided by the Legislature. The Governor, by and with the ad- vice and consent of the Senate, shall have power to fill vancancies in the office of Superintendent of Public Works ; if the Senate be not in session he may grant commissions which shall expire at the end of the next succeeding session of the Senate. Superintendent of State Prisons; appointment; powers and duties of. § 4. A Superintendent of State Prisons shall be ap- pointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner re- 2 34 Delegates' Manual moved; he shall give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of State prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, phy- sicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superin- tendent. The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and performed by the Inspectors of State Prisons. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. Commissioners of the land office; of the canal fund; canal board. § 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor shall be the commissioners of the land office. The Lieutenant-Governor, Secretary of State, Comp- troller, Treasurer and Attorney-General shall be the commissioners of the canal fund. The canal board shall consist of the commis- sioners of the canal fund, the State Engineer and Surveyor and the Superintendent of Public Works. Powers and duties of boards. § 6. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. State Treasurer; suspension by Governor. § 7. The Treas- urer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commence- ment of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such suspension of the Treasurer. Certain offices abolished. § 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, prod- Constitutional Convention of 1915 35 uce, manufacture or commodity whatever, are hereby abolished; and no such office shall hereafter be created by law ; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interest of the State in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. Civil service appointments and promotions. § 9. Appoint- ments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive ; provided, however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without re- gard to their standing on any list from which such appointment- or promotion may be made. Laws shall be made to provide for the enforcement of this section. Article VI Supreme Court ; how constituted ; judicial districts. * Section 1. The Supreme Court is continued with general jurisdiction in law and equity subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall consist of the justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Justices who shall re- side in and be chosen by the electors of the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts ; and of their successors. The successors of said justices shall be chosen by the electors of their respective judicial districts. The Legislature may alter the judicial districts once after every enumeration under the Constitution, of the in- * As amended November 7, 1905. 36 Delegates' Manual habitants of the State, and thereupon reapportion the Justices to be thereafter elected in the districts so altered. The Legislature may from time to time increase the number of justices in any judicial district except that the number of justices in the first and second district or in any of the districts into which the second district may be divided, shall not be increased to exceed one justice for each eighty thousand, or fraction over forty thou- sand of the population thereof, as shown by the last State, or Federal census or enumeration, and except that the number of justices in any other district shall not be increased to exceed one justice for each sixty thousand or fraction over thirty-five thou- sand of the population thereof as shown by the last State or Federal census or enumeration. The Legislature may erect out of the Second Judicial District as now constituted, another judicial dis- trict and apportion the justices in office between the districts, and provide for the election of additional justices in the new district not exceeding the limit herein provided. (See Judiciary Law. ) Judicial departments; appellate division, how constituted; Governor to designate justices ; reporter ; time and place of hold- ing courts. * § 2. The Legislature shall divide the State into four judicial departments. The first department shall consist of the county of ISTew York; the others shall be bounded by county lines and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial depart- ments, but without increasing the number thereof. There shall be an Appellate Division of the Supreme Court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the Supreme Court the Governor shall designate those who shall constitute the Appellate Division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resi- dent of the department. The other justices shall be designated for terms of five years or the imexpired portions of their respective terms of office, if less than five years. From time to time as the * As amended November 7, 1905. Constitutional Convention of 1915 37 terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the Appellate Division, in each department shall be resi- dents of the department. He may also make temporary designa- tions in case of the absence or inability to act of any justice in the Appellate Division, or in case the presiding justice of any Appellate Division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the Appellate Division in any department shall be unable to dispose of its business within a reasonable time, a major- ity of the presiding justices of the several departments at a meet- ing called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the Appellate Division shall, within the department to which he may be designated to perform the duties of an appellate justice, exercise any of the powers of a justice of the Supreme Court, other than those of a justice out of court, and those pertaining to the Appellate Division, or to the hearing and decision of motions submitted by consent of counsel, but any such justice, when not actually engaged in per- forming the duties of such appellate justice in the department to which he is designated, may hold any term of the Supreme Court and exercise any of the powers of a justice of the Supreme Court in any county or judicial district in any other department of the State. From and after the last day of December, eighteen hun- dred and ninety-five, the Appellate Division shall have the juris- diction now exercised by the Supreme Court at its general terms and by the general terms of the Court of Common Pleas for the city and county of New York, the Superior Court of the city of New York, the Superior Court of Buffalo and the city of Brook- lyn, and such additional jurisdiction as may be conferred by the Legislature. It shall have power to appoint and remove a reporter. The justices of the Appellate Division in each depart- ment shall have power to fix the times and places for holding special terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor. (See Judiciary Law.) 38 Delegates' Manual Judge or justice not to sit in review; testimony in equity cases. § 3. No Judge or Justice shall sit in the Appellate Divi- sion or in the Court of Appeals in review of a decision made by him or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law ; and, except as herein otherwise provided, the Legis- lature shall have the same power to alter and regulate the juris- diction and proceedings in law and in equity that it has heretofore exercised. Terms of office ; vacancies, how filled. § 4. The official terms of the Justices of the Supreme Court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of Justice of the Supreme Court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the Governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. City courts abolished; judges become justices of Supreme Court; salaries; jurisdiction vested in Supreme Court. § 5. The Superior Court of the City of New York, the Court of Com- mon Pleas for the City and County of New York, the Superior Court of Buffalo, and the City Court of Brooklyn, are abolished from and after the first day of January, one thousand eight hun- dred and ninety-six, and thereupon the seals, records, papers and documents of or belonging to such courts, shall be deposited in the offices of the clerks of the several counties in which said courts now exist; and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. The judges of said courts in office on the first day of January, one thousand, eight hundred and ninety-six, shall, for the remainder of the terms for which they were elected or appointed, be justices of the Supreme Court; but they shall sit only in the counties in which they were elected or appointed. Their salaries shall be paid by the said counties respectively, Constitutional Convention op 1915 39 and shall bo the same as the salaries of the other Justices of the Supreme Court residing in the same counties. Their successors shall be elected as Justices of the Supreme Court by the electors of the judicial districts in which they respectively reside. The jurisdiction now exercised by the several courts hereby abolished shall be vested in the Supreme Court. Appeals from inferior and local courts now heard in the Court of Common Pleas for the City and County of New York and the Superior Court of Buffalo, shall be heard in the Supreme Court in such manner and by such Justice or Justices as the Appellate Divisions in the respective departments which include New York and Buffalo shall direct, unless otherwise provided by the Legislature. Circuit Courts and Courts of Oyer and Terminer abolished. § 6. Circuit Courts and Courts of Oyer and Terminer are abolished from and after 'the last day of December, one thousand eight hundred and ninety-five. All their jurisdiction shall there- upon be vested in the Supreme Court, and all actions and proceed- ings then pending in such courts shall be transferred to the Su- preme Court for hearing and determination. Any justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county. Court of Appeals. * § 7. The Court of Appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the State. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the Court of Appeals shall certify to the Governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the Governor shall designate not more than four justices of the Supreme Court to serve as associate judges of Court of Appeals. The justices so designated * As amended November 7, 1899. 40 Delegates' Manual shall be relieved from their duties as justices of the Supreme Court and shall serve as associate judges of the Court of Appeals until the causes undisposed of in said court are reduced to two. hundred, when they shall return to the Supreme Court. The Governor may designate justices of the Supreme Court to fill va- cancies. No justice shall serve as associate judge of the Court of Appeals except while holding the office of Justice of the Supreme Court, and no more then seven judges shall sit in any case. Vacancy in Court of Appeals, how filled. § 8. When a vacancy shall occur otherwise than by expiration of term, in the office of Chief or Associate Judge of the Court of Appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs ; and until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the Senate shall be in ses- sion or if not in session the Governor, may fill such vacancy by appointment. If any such appointment of Chief Judge shall be made from among the Associate Judges, a temporary appointment of Associate Judge shall be made in like manner ; but in such case the person appointed Chief Judge shall not be deemed to vacate his office of Associate Judge any longer than until the expiration of his appointment as Chief Judge. The powers and jurisdic- tion of the court shall not be suspended for want of appointment or election, when the number of Judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election, at which the vacancy shall be filled. Jurisdiction of Court of Appeals. § 9. After the last day of December, one thousand eight hundred and ninety-five, the juris- diction of the Court of Appeals, except where the judgment is of death, shall be limited to the review of questions of law. ISTo unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court of Appeals. Except where the judgment is of death, appeals may be taken, as a right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or Constitutional Convention of 1915 41 special proceedings, and from orders granting new trials on ex- ceptions, where the appellants stipulate that upon affirmance judg- ment absolute shall be rendered against them. The Appellate Division in any department may, however, allow an appeal upon any question of law which, in its opinion, ought to be reviewed by the Court of Appeals. The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved. The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of December, one thousand eight hundred and ninety-five, but appeals therefrom may be taken under existing provisions of law. Judges not to hold any other office. § 10. The Judges of the Court of Appeals and the Justices of the Supreme Court shall not hold any other office or public trust. All votes, for any of them, for any other than a judicial office, given by the Legislature or the people, shall be void. Removal of judges. § 11. Judges of the Court of Appeals and Justices of the Supreme Court may be removed by concurrent resolution of both houses of the Legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of in- ferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an oppor- tunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal. Compensation; age restriction; assignment by Governor. * § 12. ]STo person shall hold the office of Judge or Justice of any court longer than until and including the last day of December next after he shall be seventy years of age. Each Justice of the Supreme Court shall receive from the State the sum of ten thous- and dollars per year. Those assigned to the Appellate Divisions * As amended November 2, 1909. 42 Delegates' Manual in the third and fourth departments shall each receive in addition the sum of two thousand dollars, and the Presiding Justices thereof the sum of two thousand five hundred dollars per year. Those Justices elected in the first and second judicial departments shall continue to receive from their respective, cities, counties or dis- tricts, as now provided by law, such additional compensation as will make their aggregate compensation what they are now receiv- ing. Those Justices elected in any judicial department other than the first or second, and assigned to the Appellate Divisions of the first or second departments shall, while so assigned, receive from those departments respectively, as now provided by law, such additional sum as is paid to the Justices of those departments. A Justice elected in the third or fourth department assigned by the Appellate Division or designated by the Governor to hold a trial or special term in a judicial district other than that in which he is elected shall receive in addition ten dollars per day for ex- penses while actually so engaged in holding such term, which shall be paid by the State and charged upon the judicial district where the service is rendered. The compensation herein provided shall be in lieu of and shall exclude all other compensation and allow- ance to said Justices for expenses of every kind and nature what- soever. The provisions of this section shall apply to the Judges and Justices now in office and to those hereafter elected. Trial of impeachments. § 13. The Assembly shall have the power of impeachment, by a vote of a majority of all the members elected. The court for the trial of impeachments shall be com- posed of the President of the Senate, the Senators, or the major part of them, and the Judges of the Court of Appeals, or the major part of them. On the trial of an impeachment against the Gov- ernor or Lieutenant-Governor, the Lieutenant-Governor shall not act as a member of the court. ~No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the Senate, until he shall have been acquitted. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal Constitutional Convention of 1915 43 from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this State ; but the party impeached shall be liable to indictment and punishment according to law. County Courts. * § 14. The existing County Courts are con- tinued, and the Judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be four County Judges. The number of County Judges in any county may also be increased, from time to time, by the Legislature, to such number that the total number of County Judges in any one county shall not exceed one for every two hun- dred thousand, or major fraction thereof, of the population of such county. The additional County Judges in the county of Kings shall be chosen at the general election held in the first odd-num- bered year after the adoption of this amendment. The additional County Judges whose offices may be created by the Legislature shall be chosen at the general election held in the first odd-num- bered year after the creation of such office. All County Judges, including successors to existing Judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election. County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the com- plaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions, except in the county of New York, are abolished from and after the last day of December, eighteen hundred and ninety-five. All the jurisdiction of the Court of Sessions in each county, except the county of New York, shall thereupon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to the said County Courts for hearing and * As amended November 4, 1913. 44 Delegates' Manual determination. Every County Judge shall perform such duties as they may be required by law. His salary shall be established by law, payable out of the county treasury. A County Judge of any county may hold County Courts in any other county when re- quested by the judge of such other county. Surrogates' Courts ; Surrogates, their powers and jurisdiction ; vacancies. § 15. The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of New York, where they shall continue to be fourteen years. Surrogates and Surrogates' Courts shall have the jurisdiction and powers, which the Surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The County Judge shall be Surrogate of his county, except where a separate Surrogate has been or shall be elected. In counties having a population exceeding forty thousand, wherein there is no separate Surrogate, the Legislature may pro- vide for the election of a separate officer to be Surrogate, whose term of office shall be six years. When the Surrogate shall be elected as a separate officer his salary shall be established by law, payable out of the county treasury. No County Judge or Surro- gate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of County Judge or Surrogate shall be filled in the same manner as like vacancies occurring in the Supreme Court. The compensation of any County Judge or Surrogate shall not be increased or diminished during his term of office. For the relief of Surrogates' Courts the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases. Local judicial officers. § 16. The Legislature may, on appli- cation of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of County Judge and of Surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law. Constitutional Convention of 1915 45 Justices of the peace; district court justices. § 17. The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regu- lated by law. Justices of the Peace and judges or justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and an opportunity of being heard by such courts as are or may be prescribed by law. Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner and with such powers, and for such terms, respectively, as axe or shall be prescribed by law ; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof. Inferior local courts. § 18. Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legislature may direct. Clerks of courts. § 19. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. The Justices of the Appellate Division in each department shall have power to appoint and to remove a clerk, who shall keep his office at a place to be designated by said Justices. The Clerk of the Court of Appeals shall keep his office at the seat of government. The Clerk of the Court of Appeals and the Clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury. No judicial officer, except justice of the peace, to receive fees; not to act as attorney or counselor. § 20. No judicial officer, except Justices of the Peace, shall receive to his own use 46 Delegates' Manual any fees or perquisites of office ; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court, or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attor- ney or counselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition upon County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Appeals, Justice of the Supreme Court, or, except in the county of Hamilton, to the office of County Judge or Surrogate, who is not an attorney and counselor of this State. Publication of statutes. § 21. The Legislature shall provide for the speedy publication of all statutes, and shall regulate the reporting of the decisions of the courts ; but all laws and judicial decisions shall be free for publication by any person. Terms of office of present justices of the peace and local judicial officers. § 22. Justices of the Peace and other local judicial officers provided for in sections seventeen and eighteen in office when this article takes effect, shall hold their offices until the expiration of their respective terms. Courts of special sessions. § 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misde- meanors as may be prescribed by law. Article VII State credit not to be given. Section 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation. State debts, power to contract. § 2. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts ; but such debts, direct or contingent, singly or in the aggregate, shall not at any time exceed one million of dollars ; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained or to repay the debt so contracted, and to no other purpose whatever. State debts to repel invasions. § 3. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war ; Constitutional Convention of 1915 47 but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. Limitation of legislative power to create debts. * § 4. Ex- cept the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or in behalf of this State, unless such debt shall be authorized by law, for some single work or object, to be distinctly specified therein ; and such law shall im- pose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shail take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes oast for and against it at such election. On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people ? " The Legislature may at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any- time, by law, forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted in pur- suance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the payment of such debt or liability, and for no other purpose whatever. JSTo such law shall be sub- mitted to be voted on within three months after its passage or at any general election when any other law, or any bill shall be sub- mitted to be voted for or against. The Legislature may provide for the issue of bonds of the State to run for a period not exceed- ing fifty years in lieu of bonds heretofore authorized but not issued * As amended November 2, 1909. 48 Delegates' Manual and shall impose and provide for the collection of a direct annual tax for the payment of the same as hereinbefore required. When any sinking fund created under this section shall equal in amount the debt for which it was created, no further direct tax shall be levied on account of said sinking fund, and the Legislature shall reduce the tax to an amount equal to the accruing interest on such debt. The Legislature may from time to time alter the rate of interest to be paid upon any State debt, which has been or may be authorized pursuant to the provisions of this section, or upon any part of such debt, provided, however, that the rate of interest shall not be altered upon any part of such debt or upon any bond or other evidence thereof, which has been, or shall be created or issued before such alteration. In case the Legislature increase the rate of interest upon any such debt, or part thereof, it shall impose and provide for the collection of a direct annual tax to pay and suffi- cient to pay the increased or altered interest on such debt as it falls due and also to pay and discharge the principal of such debt within fifty years from the time of the contracting thereof, and shall appropriate annually to the sinking fund moneys in amount sufficient to pay such interest and pay and discharge the principal of such debt when it shall become due and payable. Sinking fund, how kept and invested. § 5. The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the specific purpose for which it shall have been provided. Claims barred by statute of limitations. § 6. Neither the Legislature, canal board, nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, would be barred by lapse of time. This pro- vision shall not be construed to repeal any statute fixing the time within which claims shall be presented or allowed, nor shall it extend to any claims 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 removed. Constitutional Convention of 1915 49 Forest preserve. * § 7. The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. But the Legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construction and maintenance of reservoirs for municipal water supply, for the canals of the State and to regulate the flow of streams. Such reservoirs shall be constructed, owned and con- trolled by the State, but such work shall not be undertaken until after tbe boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use. The expense of any such improvements shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received. Any such reservoir shall always be operated by the State and the Legislature shall provide for a charge upon the property and municipalities benefited for a reason- able return to the State upon the value of the rights and property of the State used and the services of the State rendered, which shall be fixed for terms of not exceeding ten years and be readjust- able at the end of any term. Unsanitary conditions shall not be created or continued by any such public works. A violation of any of the provisions of this section may be restrained at the suit of the people or, with the consent of the Supreme Court in Appellate Division, on notice to the Attorney-General at the suit of any citizen. Canals, not to be sold ; not applied to certain canals ; disposi- tion of funds. § 8. The Legislature shall not sell, lease or other- wise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black Biver canal; but they shall remain the property of the State and under its management forever.' The prohibition of lease, sale or other dis- position 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 * As amended November 4, 1913. 50 Delegates' Manual to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals. No tolls to be imposed; contracts for work and materials; no extra compensation. § 9. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigat- ing 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 Legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on any canal shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor ; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. Canal improvement, and cost thereof. § 10. The canals may be improved in such manner as the Legislature shall provide by law. A debt may be authorized for that purpose in the mode pre- scribed by section four of this article, or the cost of such improve- ment may be defrayed by the appropriation of funds from the State treasury, or by equitable annual tax. Payment of State debts. * § 11. The Legislature may appro- priate out of any funds in the treasury, moneys to pay the accruing interest and principal of any debt heretofore or hereafter created, or any part thereof and may set apart in each fiscal year, moneys in the State treasury as a sinking fund to pay the interest as it falls due and to pay and discharge the principal of any debt heretofore or hereafter created under section four of article seven of the constitution until the same shall be wholly paid, and the principal and income of such sinking fund shall be applied to the purpose for which said sinking fund is created and to no other pur- pose whatever ; and, in the event such moneys so set apart in any fiscal year be sufficient to provide such sinking fund, a direct * As adopted November 7, 1905 ; in effect January 1, 1906. Constitutional Convention of 1915 51 annual tax for such year need not be imposed and collected, as required by tbe provisions of said section four of article seven, or of any law enacted in pursuance thereof. Improvement of highways. * § 12. A debt or debts of the State may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to dis • charge 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 thereunder. The Legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any high- way be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized. Article VIII Corporations, formation of. Section 1. Corporations may be formed under general laws ; but shall not be created by special act. except for municipal purposes, and in cases where, in the judg- ment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time or repealed. Dues of corporations. § 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law. Corporation, definition of term. § 3. The term corporations as used in this article shall be construed to include all associations and joint-stock companies having any of the powers or privileges * As adopted November 7, 1905 ; in effect January 1, 1906. 52 Delegates' Manual of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons. Savings bank charters; restrictions upon trustees; special charters not to be granted. § 4. The Legislature shall, by gen- eral law, conform all charters of savings banks, or institutions for savings, to a uniformity of powers, rights and liabilities, and all charters hereafter granted for such corporations shall be made to conform to such general, law, and to such amendments as may be made thereto. And no such corporation shall have any capital stock, nor shall the trustees thereof, or any of them, have any in- terest whatever, direct or indirect, in the profits of such corpora- tion; and no director or trustee of any such bank or institution shall be interested in any loan or use of any money or property of such bank or institution for savings. The Legislature shall hav? no power to pass any act granting any special charter for banking purposes ; but .corporations or associations may be formed for snch purposes under general laws. Specie payment. § 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension. of specie payments, by any person, association or corporation, issuing bank notes of any description. Registry of bills or notes. § 6. The Legislature shall provide by law for the registry of all bills or notes, issued or put in circu- lation as money, and shall require ample security for the redemp- tion of the same in specie. Liability of stockholders of banks. § 7. The stockholders of every corporation and joint-stock association for banking purposes, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind. Billholders of insolvent bank, preferred creditors. § 8. In case of the insolvency of any bank or banking association, the bill- holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association. Credit or money of the State not to be given. § 9. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking. This Constitutional Convention of 1915 53 section shall not, however, prevent the Legislature from making such provision for the education and support of the Mind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter he held, by the State for educational purposes. Limitation of indebtedness of counties, cities, towns and vil- lages; exception as to city of New York. * § 10. No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, associa- tion or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the 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 ex- cess of such limitation, except such as now may exist, shall be abso- lutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be con- strued 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 issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein contained shall hot exceed one- * As amended November 2, 1909. 54 Delegates' Manual tenth of one per centum of the assessed valuation of the real estate of said city subject to taxation. Nor shall this section be con- strued 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, in excess of the limitation of indebtedness fixed herein, shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted.; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten, to provide for the supply of water, shall not be so in- cluded; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to the city current net revenue, after making any necessary allowance for repairs and maintenance for which the city is liable, in excess of the interest on said debt and of the annual instalments necessary for its amortization may be excluded in ascertaining the power of said city to become other- wise indebted, provided that a sinking fund for its amortization shall have been established and maintained and that the indebted- ness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization instalments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city therefrom shall meet the interest and amorti- zation instalments thereof, provided that any increase in the debt Constitutional Convention of 1915 55 incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The Legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be determined, and no such debt shall be excluded except in accordance with the determination so prescribed. The Legislature may in its dis- cretion confer appropriate jurisdiction on the Appellate Division of the Supreme Court in the first judicial department for the purpose of determining the amount of any debt to be so excluded. !No indebtedness of a city valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this State, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. State board of charities; State commission in lunacy; State commission of prisons. § 11. The Legislature shall provide for a state board of charities, which shall visit and inspect all institu- tions, whether state, county, municipal, incorporated or not in- corporated, which are of a charitable, eleemosynary, correctional or reformatory character, excepting only such institoitions as are hereby made subject to the visitation and inspection of either of the commissions, hereinafter mentioned, but including all reforma- tories except those in which adult males convicted of felony shall be confined; a state commission in lunacy which shall visit and inspect all institutions, either public or private, used for the care 56 Delegates' Manual and treatment of the insane (not including institutions for epilep- tics 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. Boards appointed by Governor. § 12. The members of the said board and of the said commissions shall be appointed by the Governor, by and with the advice and consent of the Senate ; and any member may be removed from office by the Governor for cause, an opportunity having been given him to be heard in his defense. Existing laws to remain in force. § 13. Existing laws re- lating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for shall not be exclusive of other visitation and inspection now authorized by law. Maintenance and support of inmates of charitable institutions. § 14. Nothing in this Constitution contained shall prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, maintenance and secular education, of inmates of orphan asylums, homes for de- pendent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and vil- lages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, sup- port and maintenance, may be authorized, but shall not be re- quired by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the Legislature by general laws. Commissioners continued in office. § 15. Commissioners of the state board of charities and commissioners of the state com- mission in lunacy, now holding office, shall be continued in office Constitutional Convention of 1915 57 for the term for which they were appointed, respectively, unless the Legislature shall otherwise provide. The Legislature may confer upon the commissions and upon the board mentioned in the foregoing sections any additional powers that are not incon- sistent with other provisions of the Constitution. Article IX Common schools. Section 1. The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated. Regents of the university. § 2. The corporation created in the year one thousand seven hundred and eighty-four, under the name of The Regents of the University of the State of New York, is hereby continued under the name of The University of the State of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the Legisla- ture, shall be exercised by not less than nine regents. Common school, literature and the United States deposit funds. § 3. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of common schools ; the revenue of the said literature fund shall be applied to the support of academies; and the sum of twenty-five thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. No aid in denominational schools. § 4. Neither the State nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for exam- ination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught. Article X Sheriffs, clerks of counties, district attorneys and registers; Governor may remove. Section 1. Sheriffs, clerks of counties, 58 Delegates' Manual district attorneys and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time ; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. Appointment or election of officers, not provided for by this Constitution. § 2. All county officers whose election or appoint- ment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or ap- pointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some divi- sion thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Con- stitution, 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. Duration of term. § 3. When the duration of any office is not provided by this Constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. Time of election. § 4. The time of electing all officers named in this article shall be prescribed by law. Vacancies in offices; how filled. § 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue Constitutional Convention of 1915 59 of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. Political year. § 6. The political year and legislative term shall begin on the first day of January ; and the Legislature shall, every year, assemble on the first Wednesday in January. Removal from office for misconduct, etc. § 7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elec- tions, and also for supplying vacancies created by such removal. Office deemed vacant. § 8. The Legislature may declare the cases in which any office shall be deemed vacant when no pro- vision is made for that purpose in this Constitution. Compensation of officers. § 9. ISTo officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other state officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed ; nor shall he receive to his use any fees or perquisites of office or other com- pensation. Article XI State militia. Section 1. All able-bodied male citizens between the ages of eighteen and forty-five years, who are residents of the State, shall constitute the militia, subject however to such exemp- tions as are now, or may be hereafter created by the laws of the United States, or by the Legislature of this State. Enlistment. § 2. The Legislature may provide for the enlist- ment into the active force of such other persons as may make application to be so enlisted. Organization of militia. § 3. The militia shall be organized and divided into such land and naval, and active and reserve forces, as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, dis- ciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropria- tion for the maintenance thereof. 60 Delegates' Manual Appointment of military officers by the Governor. § 4. The Governor shall appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected ; he shall also nominate, and with the consent of the Senate appoint, air major- generals. Manner of election of military officers prescribed by Legis- lature. § 5. All other commissioned and non-commissioned officers shall he chosen or appointed in such manner as the Legis- lature may deem most conducive to the improvement of the militia, provided, however, that no law shall be passed changing the exist- ing mode of election and appointment unless two-thirds of the members present in each house shall concur therein. Commissioned officers; their removal. § 6. The commis- sioned officers shall be commissioned by the Governor as com- mander-in-chief. ]So commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless by the Senate on the recommendation of the Gov- ernor, 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 with- out leave for a period of six months or more. Article XII Organization of cities and villages. * Section 1. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages,, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations; and the Legis- lature may regulate and fix the wages or salaries, the hours of work or labor, 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 con- tractor or subcontractor performing work, labor or services for * As amended November 7, 1905. Constitutional Convention of 1915 61 the State, or for any county, city, town, village or other civil division thereof. Classification of cities; general and special city laws; special city laws; how passed by Legislature and accepted by cities. * § 2. All cities are classified according to the latest state enumera- tion, as from time to time made, as follows : The first class in- cludes all cities having a population of one hundred and seventy- five thousand or more ; the second class, all cities having a popula- tion of fifty thousand and less than one hundred and seventy-five thousand; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several depart- ments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not he passed except in conformity with the provisions of this section. After any hill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a cer- tified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the Legislature may provide for the concurrence of the legislative body in cities of the first class. The Legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be trans- mitted 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 * As amended November 5, 1907. 62 Delegates' Manual bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the Legis- lature, and it shall then be subject as are other bills, to the action of the Governor. In every special city law which has been ac- cepted by the city or cities to which it relates, the title shall be followed by the words " accepted by the city," or " cities," as the case may be ; in every such law which is passed without such ac- ceptance, by the words " passed without the acceptance of the city," or " cities/' as the case may be. Election of city officers, when to be held; extension and abridgment of terms. § 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose bound- aries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thou- sand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even- numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire ; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. Article XIII Oath of office. Section 1. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitu- Constitutional Convention of 1915 63 tion of the State of New York, and that I will faithfully discharge the duties of the office of . according to the best of my ability ; " and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, con- tributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or with- holding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withhold- ing any such vote," and no other oath, declaration or test shall be required as a qualification for any office of public trust. Official bribery and corruption. § 2. Any person holding office under the laws of this State, who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, anything of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offense of bribery. Offer or promise to bribe. § 3. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it was tendered, shall be guilty of an attempt to bribe, which is hereby declared to be a felony. Persons bribed or offering a bribe may be a witness. § 4. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. 64 Delegates' Manual Free passes, franking privileges, etc., not to be received by public officers ; penalty. § 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in con- junction with another. A person who violates any provision of this section, shall be deemed guilty of a misdemeanor, and shall forfeit his office at the suit of the Attorney-General. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or person elected or appointed to a public office, any such free pass, free transportation, franking privilege or discrimination, shall also be deemed guilty of a misdemeanor and liable to punish- ment except as herein provided. No person or officer or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor if he shall testify to the giving of the same. Removal of district attorney for failure to prosecute ; expenses of prosecutions for bribery. § 6. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this State, within such county, or of receiving bribes by any such person in said county, shall be a charge against the State, and their payment by the State shall be provided for by law. Article XIV Amendments to Constitution, how proposed, voted upon and ratified. Section 1, Any amendment or amendments to this Con- Constitutional Convention of 1915 65 stitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amend- ments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice ; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers ; rules ; vacancies ; taking effect. § 2. At the general elec- tion to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, " Shall there be a convention to revise the Constitution and amend the same ? " shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the 3 66 Delegates' Maitcjal transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter pro- vided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its docu- ments, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or con- stitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such con- stitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. Amendments of convention and Legislature submitted co- incidently. § 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment pro- posed by the Legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to supersede the amendment so pro- posed by the Legislature. Article XV Time of taking effect. Section 1. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and ninety-five, except as herein otherwise provided. Constitutional Convention oe 1915 67 Done in Convention at the Capitol in the city of Albany, the twenty-ninth day of September, in the year one thousand eight hundred ninety-four, and of the In- dependence of the United States of America the one hundred and nineteenth. In witness whereof, we have hereunto subscribed our names. Joseph Hodges Choate President and Delegate-at-Large Charles Elliott Fitch Secretary SCHEDULE SHOWING AMENDMENTS AND WHERE THEY OCCUR IN THE REVISED CONSTITUTION Revised Subject Constitution Coroners Art. X, Sec. 1 Bills to be printed. Art. Ill, Sec. 15 Speaker to be Governor Art. IV, Sec. 7 Removal of $5,000 limitation Art. I, Sec. 18 Power of President of Senate Art. Ill, Sec. IOi Residence for voting purposes Art. II, Sec. 3 Voting otherwise than by ballot Art. II, Sec. 5 Abolition of Code Commission Art. I, Sec. 16 Prohibiting " riders " on appropriation bills Art. Ill, Sec. 22 Citizenship before voting Art. II, Sec. 1 Day of meeting of Legislature Art. X, Sec. 6 Prohibiting passes Art. XIII, Sec. 5 Contract labor in prisons, etc -Art. Ill, Sec. 29 Bi-partisan election boards Art. II, Sec. 6 Education Art. IX, Sees. 1-4 Judiciary Art. VI, Sees. 1-23 Apportionment Art. Ill, Sees. 2-5 Forest preserves Art. VII, Sec. 7 Registration of voters Art. II, Sec. 4 Term of Governor Art. IV, Sec. 1 Terms of State officers Art. V, Sees. 1,2 Separation of elections Art. XII, Sec. 3 Canals (sale of Hamburg) Art. VII, Sec. 8 Canal improvements Art. VII, Sees. 9,. 10 Charities Art. VIII, Sees. 11-15 Classification of cities Art. XII, Sec. 2 Debt limitation Art. VIII, Sec. 10 Constitution to take effect Art. XV, Sec. 1 Civil service Art. V, Sec. 9 68 Delegates' Manual Schedule — (Continued) Schedule showing amendments and where they occur in the revised constitution Revised Subject Constitution Drainage of agricultural lands Art. I, Sec. 7 Future amendments Art. XIV, Sees. 1-3 Liability of bank stockholders Art. VIII, Sec. 7 Prohibiting pool-selling Art. I, Sec. 9 Militia Art. XI, Sees. 1-6 Boards of supervisors 1899 Art. Ill, Sec. 26 Limitation of debts of municipalities 1899 Art. VIII, Sec. 10 Justices of Appellate Division 1899 Art. VI, Sec. 2 Court of Appeals 1899 Art. VI, Sec. 7 Exemptions from taxation 1901 Art. Ill, Sec. 18 Limitation of debts of municipalities 1905 Art. VIII, Sec. 10 Payment of State debts, new section 1906 Art. VII, Sec. 11 Supreme Court judicial districts 1905 Art. VI, Sec. 1 Organization of cities 1905 Art. XII, Sec. 1 Improvement of highways, new section 1905 Art. VII, Sec. 12 Time of payment of State debts 1905 Art. VII, Sec. 4 Justices of Appellate Division 1905 Art. VI, Sec. 1 Limitation of debts of municipalities 1907 Art. VIII, Sec. 10 Classification of cities 1907 Art. XII, Sec. 2 Justices of Supreme Court, compensation .... 1909 Art. VI, Sec. 12 Rate of interest on debts 1909 Art. VII, Sec. 4 County auditors and other fiscal officers 1909 Art. Ill, Sec. 27 Limitation of debts of municipalities 1909 Art. VIII, Sec. 10 Taxing private property for public use 1®13 Art. I, Sec. 7 Lives, health or safety of employees 1913 Art. I, Sec. 19 County courts 1913 Art. VI, Sec. 14 Forest preserve 1913 Art. VII, Sec. 7 NEW YORK'S CONSTITUTIONAL CONVENTIONS By Feancis M. Hugo, Secretary of State Dining the Revolutionary Wars the political interests of the colonists were intrusted to the Continental Congress and pro- visional governments were established in all of the thirteen sepa- rate colonies. Although created during a period of conflict, these temporary organizations necessarily wielded great powers which the Revolutionary fathers sought to control through the establish- ment of an organized form of government in each of the several independent colonies. The earliest recommendations, however, for the formation of a State Constitution came in response to the requests received by the Continental Congress from New Hampshire and Massachusetts in May, 1776, when this Congress advised the several colonial assemblies, where no exact form of government had been established, to create and adopt such govern- ment as would be most necessary to establish peace and tran- quility. In the New York colony the local assembly questioned its power to draft a Constitution without express consent of the electors. Acting upon the resolution of the Continental Congress, however, it suggested to the electors that they should either authorize the members of this assembly to act or elect special delegates to meet later for the express purpose of drafting a Constitution, such as was recommended, and to establish a temporary government at least until the end of the Revolutionary War. In accordance with these latter recommendations, delegates to the first Constitutional Convention were chosen by the qualified electors who were holders of property of a value of fifty pounds sterling. The first Constitu- tional Convention met at White Plains on July 9, 1776, shortly afterwards adjourning to Kingston, where it completed its work on April 20, 1777, when the first state Constitution became effective without ratification. The delegates assembled in this first Con- vention included some of the most important names in the Revolu- tionary period. Owing to the fact that there were few or no other [69] 70 Delegates' Manual *T"^f^ m "W — TTJP-" "'* ' $25 ,JM^fficw.d&rd&n /£&#-<&£> fyrf&S% - . .. . .a Fac-simile of the first Constitution of New York Stn+o 117771 , %&££ 0ffice of the *— ° f S^ftft,^ Constitutional Convention of 1915 71 examples or models to follow in framing the fundamental law, this Convention was obliged to blaze a trail in an almost unexplored field. The first Constitution, as finally adopted, included in its long preamble the Declaration of Independence and the resolutions of the Continental Congress. Because of this lengthy introduction, no formal Bill of Bights was added, excepting those paragraphs affecting jury trial, habeas corpus and freedom of the press. However, the Constitution emphasized the other democratic prin- ciples of free government, declaring that no political authority should be exercised save upon the consent of the governed, a principle which, nevertheless, was not completely carried out by this Convention, as their work was not submitted to the people for ratification. The Constitution also provided for two houses of the Legislature, consisting of a Senate and House of Assembly, as it was then called. These were obliged to convene at least once annually, the Assembly to consist of seventy members , elected annually from the several counties in proportions to be fixed by the Constitution, by electors who differed from those who elected to the Senate. To be eligible to vote for an Assemblyman the elector must have resided in the county six months preceding, the election and also must be a freeholder to the value of twenty pounds within his home county, or a lessee of a yearly value of forty shillings. Membership in the Senate, which was composed of twenty-four freeholders, was chosen solely by such freeholders as were possessed of freeholds to the value of a hundred pounds over and above all debts. The Senators were chosen for a term of four, years, and a provision was made for the election of certain mem- bers annually. The Senate was divided into four classes of six each and the Constitution provided that at the first election six Senators should be chosen to serve one year and a like mimber was also to be selected for two, three and four years. Thus, at each successive election one-fourth of the Senate was to be chosen. For this purpose, the State was divided into four great districts which the Constitution provided for the assignment of a number of Senators. The Senate was not to include more than one hun- dred Senators, while the maximum for the Assembly was three 72 Delegates' Manual hundred. Provisions were made for taking the census at the close of the Revolutionary War and at other successive intervals of seven years each for the purpose of apportioning representation in both houses according to the population. The chief executive power was vested in the Governor who was chosen every three years by freeholders qualified to elect Senators, the election taking place at the same time as other State officers, but the Constitution expressly provided that the person to be selected for Chief Magistrate should be a " wise and discreet freeholder." As at present, the Governor was the Commander-in- Chief of the Army and Navy, with powers to convene the Legis- lature for extraordinary sessions, or from time to time for a period of not more than sixty days annually. But unlike the present, the Chief Executive did not possess the veto power, for the Constitution expressly provided that, in order to prevent the hasty and illadvised laws, the Governor, Chancellor and Judges of the Supreme Court should constitute a Council of Revision, whose duty it was to revise all bills. This Council was to act without salary and no legislation could become a law without the consent of a majority, although a two-thirds vote of the Senate or House of Assembly might overcome this objection. It further provided that if any bill was not returned within ten days after being presented to the Council it automatically became a law, unless the Legislature adjourned within the ten days, in which event the bill was to be returned on the first day of the next legis- lative gathering. One of the most important sections in the Constitution provided for the creation of a Council of Appointment, consisting of the Governor and four Senators, who were to be chosen by the Assem- bly every year, one Senator from each of the four Senatorial districts ineligible for two successive terms. The Governor had no vote except in the event of a tie and a majority present con- stituted a quorum. In this manner the sole appointing power was vested in the Governor and Council of four Senators, although two of these with the Governor could legally appoint. The same despotic power of removal rested in this Council, who might appoint or remove during its pleasure. Constitutional Convention of 1915 7?> The judiciary power was peculiar in its comparison with the present day organization. A Chancellor, a Chief Judge and two Associate Judges of the Supreme Court were chosen by the Con- vention. A provision was inserted which ordained that these offi- cers with the judge of the County Court in every county should hold office during good behavior with an age limit of sixty years, the latter limitation forcing many eminent judges to retire. A Court of Impeachment and a Court of Errors was organized, the latter to consist of a Senator, Chancellor and a majority of the Supreme Court Judges. The Common Law of England, also the Statute Law and Acts of the Colonial Assembly were adopted, while all grants of land by the King of England after a certain date were declared void. The free exercise of religion was guaranteed and it was also ordained that inasmuch as ministers and priests were dedicated to the service of God that they ought not to be diverted from these functions and for this reason should be ineligible to hold any civil or military office in the service of the State. No provision was made in this first Constitution for amend- ing the fundamental law and it was not submitted to the voters for ratification. Later, however, by an Act of the Legislature in 1801, delegates were chosen for a Convention to meet for the purpose of making such amendments as were found to be neces- sary. This Convention adopted five amendments which were added without popular approval. These provided that the number of Assemblymen should be increased from seventy to a hundred members, but should never exceed a hundred and fifty and that at the next session of the Legislature the appointment of these members should be made to conform as nearly as possible to the number of electors to be found in each county, as shown by the census which was authorized to be taken that year. The membership of the Senate was increased from twenty-four to thirty-two, and it was also provided that the Assembly should be increased at a rate of two members a year until the maximum of one hundred and fifty could be obtained, future apportionments of Senators and Assemblymen being made in accordance with the change in population. 74 Delegates' Manual ? 'A kt _2 4h , !ti ~. F-l eg U cu :3 c- & Constitutional Convention of 1915 75 The other purpose for which the Convention had been called was to pass upon construction of an article which vested in the Council of Appointment the nominating and appointing power, the question being whether the Constitution clothed the Governor with that sole right, or vested it concurrently in all the members of the Council. The practice had been to vest this power exclu- sively in the 'Governor with the right of confirmation by the whole Council. The trouble arose in the exercise of this power over a vacancy occurring in the Supreme Court in 1794, when a majority of the Council was Federalists, and the Governor had opposed a nomination of the Council, believing that this power belonged ex- clusively with him. After John Jay became Governor he found himself in the same predicament, but had the construction, that the Governor alone was empowered to nominate, been adopted, re- sponsibility for a bad appointment would have been fixed upon him, whereas under the other interpretation all responsibility was to be placed upon the Council as all nominations or appointments could be obtained not only without the Governor's consent, but even contrary to his expressed protest. The vast powers of this Council were often employed for party or personal advantage regardless of the public welfare 1 , and the irresponsible and despotic powers, such as wielded by this Coun- cil, converted it into a great central machine. The desire to abolish it was one of the chief reasons for calling the third Con- vention in 1821, although public opinion for years previous had demanded the abolition of both this Council as well as that of the Council of Revision. The Legislature of 1820 adopted a bill calling for a Convention, but this was vetoed by the Council of Revision, on the ground that the Convention could not consti- tutionally be called until the people had been consulted. This was the first occasion on which all male citizens over twenty-one who were freeholders or who had paid taxes, or were members of the militia, or had worked upon the public highways, were entitled to vote for delegates. The four fundamental changes brought about by this Conven- tion included the abolition of the Council of Appointment, and 76 Delegates' Manual the Council of Kevision. The third change extended the right of suffrage which was accomplished by lessening the property quali- fications established under the old Constitution, making these qualifications the same for both electors of Governor, Senator and Assemblyman. The fourth and last great achievement was the increase of the Governor's power. Under the first Constitution, as modified by the amendments of the second Convention in 1801, the Governor was divested of almost every power, while under the third Constitution the pendulum swung to the other extreme, vest- ing the Governor with the greatest powers which have ever been exercised during the entire history of the State. These included veto power, that of appointment of a large proportion of State officials, including all judicial officers, excepting Justices of the Peace, also the power of removal of certain elective officers. Because these increased powers rendered him so much more an important factor in politics, the Convention voted to shorten his term from four to two years, a period which was believed to be sufficient for the Governor to qualify himself for the adminis- tration of the office and be sufficiently accountable to the people. While under the first 'Constitution any person was eligible, if he was a freeholder, this qualification was later restricted to citizens of at least thirty years of age and residents for five years previous. Senatorial districts were increased from four to eight in num- ber, this change becoming necessary because the old districts' were so large that their inhabitants could not know their own candidates, who were still required to be freeholders. Other important changes affected the judiciary by increasing the number of justices and also increasing the judicial distriota to eight circuits permitting the Governor to appoint the judges who were to hold office for the same period as those of the Supreme Court. Specific provision was made for amendment, although only one mode was adopted, viz., that of initiative, by the majority of members elected to both houses, the amendment to be adopted in sessions held in two successive years when they were to be submitted to the qualified electors for approval and if ratified by a majority of all voters, became a part of the Consti- tution. Constitutional Convention oar 1915 77 Other changes included two-thirds majority for all appropria- tion bills or the creation of a corporation under special act. These amendments made the Convention of 1821 an unqualified victory for popular rights through the enfranchisement of a large and deserving class of citizens. They also enlarged upon the execu- tive powers, the legislative and judicial, which were formerly thrown together, later to become separate, dividing the balance of power in the administration of the affairs of the State. The Sec- retary of State and other State officers were to be appointed by the Senate and Assembly jointly or on separate ballot. Mayors were to be chosen by municipal Common Council, while the clerks of courts and district attorneys were to be chosen by the county judges, who with the sheriffs were to be elected by the people. During the period of forty-four years, in which the first Constitution of the State was in force, but five amendments were added. Within the next twenty-six years ten separate amendments were, at dif- ferent times, submitted by the Legislature, six of which were added to the second Constitution. One amendment of 1826, abol- ished all property qualifications for white voters, another adopted in 1834 gave the electors of New York City the right to choose their Mayor, a privilege which was extended in 1838 to the electors of all cities in the State. The period between 1822 and 1846 was one of unusual prosperity and much public improve- ment was undertaken by the State. The longest canal in the country, extending over a distance of three hundred miles, was built by the State, connecting the Atlantic Ocean with the Great Lakes. After this canal was built it was found that the width was not sufficient to handle all traffic and the Legislature in 1838 ap- proved of an expenditure of twelve millions more to improve the canal. Appropriations were also made to assist the building of private enterprises, such as the Erie Eailway, involving a sum of three million. But the period of the commercial panic of 1837 and the further wasting of considerable sums of the State moneys for public improvement resulted in the demand for a Constitutional guarantee which would prevent legislative appro- priations except where the further approval of a people was 78 Delegates' Manual added and this resulted in the calling of the next or fourth Con- stitutional Convention of 1846. This Convention may be said to be the first one ever assembled in this State to be called a People's Convention as the delegates in the first Convention were largely proprietors of the landed aristocracy, while those of the next, in 1821, were chosen by the owners of real and personal property. By 1846 nearly universal suffrage prevailed and this Constitutional Convention accom- plished two principal results. First, the requirement above mentioned, namely, that of compelling the Legislature to refer all special appropriation laws to the people for ratification and second, by prohibiting the incorporating of business enterprises under special acts, excepting for municipal purposes or where the objects of the company could not be attained under the general law. Other radical changes affected the canals, election of State officers, enlargements of Senatorial districts, which was sub- stituted for the county representation in the Assembly, reorganiz- ing the judiciary and providing for a periodic submission of the amendment of the Constitution to the people every twenty years. This latter amendment became necessary because the previous Constitution provided only for legislative initiative in amend- ment and not by a Convention. This amendment provoked con- siderable discussion at the time of the Convention which was finally solved by article thirteen, which provides for the ascer- taining of popular desire at least once every twenty years or before whenever the people so ordain. This change permitted two methods of amendment, one the legislative initiative and second a convention. The fourteen articles which were formu- lated in the Convention of '46 were submitted for popular ap- proval as a whole and were ratified by the people. During the period between 1846 and 1867 more gigantic im- provements were undertaken by the State. The canal expendi- tures swelled to a total of $52,000,000, but it was in accordance with the express provision calling for a Constitutional Conven- tion at least every twenty years that the question was submitted in 1866 and adopted by the people calling the fifth Convention to meet in Albany in the -Spring of 1867. The delegates which were chosen numbered 128 with 32 delegates at large. In order Constitutional Convention of 1915 79 "^ 0>" V "3* ^ cS ■5 ~ ^ ; . .J s Vl jS * •^ >. "S j IS "V i * O 1 K ^ V Si ■< ' « ^ •^ .2 80 Delegates' Manual to insure a non-partisan discussion provision was made for a minority representation, a principle which secured the election of sixteen Republican and sixteen Democratic delegates at large. The delegates in this Convention, as in previous ones, were largely composed of lawyers, while the temporary presiding officer was Secretary of State Francis Barlow, who issued the call for the Convention to meet on the first Tuesday in June, '67, lasting until February 29, 1868, temporary adjournments occurring at election and Christmas. Amongst the important subjects dis- cussed which involved a wide range were those concerning taxa- tion, suffrage for women, appointment instead of election of judges, district attorneys and State officers, some of which are now advanced under the short ballot argument. Home rule was also advocated as well as special legislation, matters affecting corruption in office, bribery, education and other important sub- jects. Arguments were advanced for returning to the small number of Senatorial districts and in order to further exalt the dignity of the office it was proposed to reduce the term from four to two years. An attempt was made to prohibit special legisla- tion altogether by restricting legislative power to make local laws and bestow this power upon the Board of Supervisors or county legislators, as they were then called. The Convention, however, finally gave these local officials cer- tain powers affecting local finances. It also voted to forbid special legislation in a great number of cases, but the only article drafted by this Convention which was later approved of by the people concerned the judiciary. This new article completely reorganized the Court of Appeals, lengthened the term of judi- cial officers and prepared two questions to be submitted to the people for ratification four years afterward, when they were fa- vored by a large majority. The committee that framed this judiciary article consisted of some of the ablest lawyers in the State. Great discussion was had upon the question of the term of -Judges of the Court of Appeals which was finally compromised at fourteen years. The court was to consist of a Chief Judge and six Associates. The subject of municipal government was debated at length and the question of the organization of cities was discussed and Constitutional Convention of 1915 81 amendments to the general laws were advocated by the Conven- tion. A select committee was appointed to draft an address to the people, describing the character of the changes proposed by the Convention, but the only amendment adopted later by popular ratification was the judiciary article, which had been submitted as a separate proposition along with another one abolishing certain property qualifications for colored voters ; also one other proposing to subject real and personal property to a uniform rule of assess- ment and taxation, but neither were ratified by the people. The next Constitutional Convention was suggested in the an- nual message of Governor Hoffman in 1872, when he recom- mended the selection of a non-partisan Constitutional commis- sion of thirty-two citizens to propose amendments to the Constitu- tion for ratification by the Legislature and people. This com- mission, which was afterwards appointed by the Governor, in- cluded several members of the Convention of 1867. They met at Albany in December, 1872, continuing until the following March, when several amendments and also two new articles were prepared. These recommendations included propositions to increase the term of Senators from two to four years, dividing the State into eight Senatorial Districts. Many of the best suggestions which were afterward incorporated into the present Constitution were then disapproved by the Legislature and consequently were not submitted to the people for approval at that time. The commis- sion advocated the increase of the term of Governor and Lieu- tenant-Governor from two to three years, an amendment which was afterward added, but reduced after the Constitution was amended in 1894. But at that time there was no more important topic, following the exposure of the Tweed ring, than that concerning municipal reform, a subject which was, therefore, naturally a live one. The results of the commission debates took the form of adding many important duties and powers to the local authorities. But as these suggestions did not meet with the approval of the Legis- lature before which body all proposed amendments were to be offered, no opportunity was given for popular ratification. For thi3 reason, especially, another Constitutional commission was 82 Delegates' Manual suggested in 1875 by Governor Tilden for the purpose of form- ing some uniform plan for the government of the cities. The commission which was later appointed by the Governor consisted of ten members representing both parties. So great was the undertaking that no report was ready until 1877 when this municipal commission suggested remedies which would give municipalities exclusive control over local affairs. The recom- mendations took the form of six resolutions, but, as these amend- ments must be submitted to two successive Legislatures before referred to the people, they were lost. Further amendments for reform in city government were advocated, one in 1881 forbid- ding counties containing large cities from incurring indebtedness, excepting under certain conditions. This amendment was rati- fied by the people in 1885. The other in 1882, further prin- ciples of home rule were advanced, but like other predecessors they failed to receive approval of two successive Legislatures and were, therefore, never submitted to the people for ratification. The next Constitutional Convention in New York State was originally advocated in 1886, when 574,975 against 30,766 votes were cast in favor of holding a convention in the following year, but partisan consideration controlled subsequent legislative action in the matter and no provision was made for a convention until 1892, when an Act provided for the election of delegates to meet at Albany on the second Tuesday of May, 1893, became a law. Political reasons again, however, intervened and in 1893 the Act of the preceding year was substantially amended out of existence and a new statute took its place. The Act of 1892 had very closely followed the provisions of the law calling the Convention of 1867, each of them providing for thirty-two delegates to be elected from the State at large, with a provision that no elector should vote for more than sixteen delegates. But the Act of 1893, under which the last Convention finally came into being, provided for 175 delegates, of which 15 were elected from the State at large and 5 from each of the thirty-two Senatorial districts, women being expressly eligible as delegates. Accordingly, at the Fall election of that year, ninety-eight Ke- publicans and seventy-seven Democrats were elected members of the Convention. While professionally three-fourths of the total Constitutional Convention of 1915 83 number of delegates were lawyers, nevertheless the assembly in- cluded men of other professions, many liberally educated and not a few of ability and high standing in the communities where they resided. During the sessions of this Convention, which lasted from the eighth of May to the twenty-ninth of September, 1894, over four hundred and fifty proposed amendments were submitted for con- sideration, but only thirty-three of these were presented to the electors for adoption. The first, creating the Appellate Division of the Supreme Court, was intended to relieve the Court of Ap- peals of congestion due to the large number of causes reaching that Court on appeal. The next in importance was the subject of municipal reform, cities being divided into three classes and leg- islation affecting them directly being subject to the approval of the mayor, or the mayor and the local legislative body in cities other than first-class. These provisions supplemented by the separation of municipal from State and National elections were amendments tending to the improvement of city government. Other amendments included bi-partisan election boards, amend- ments to the Legislative Law requiring all bills to lie three days on individual members' desks before final passage, apportionment of moneys for public education, legislative re-apportionment in- creasing the number of Senatorial and Assembly districts, the former from thirty-two to fifty, and the latter from one hundred and twenty-eight to one hundred and fifty, with a further provis- ion that no one county should have more than one-third of the Sen- ators and two counties more than one-half, thus preventing New York from having a majority of the Senate. Other important amendments, briefly mentioned, included the prohibiting of the passage of any statute legalizing gambling at race tracks, another prohibiting public officials from accepting passes. Contract sys- tem of prison labor was forbidden and forestry preserve advocated. Since this last Convention of 1894, however, the population of the State has nearly doubled and many needs for change may now be indicated. The cities have since grown enormously both in size and number and it is not impossible that the experience of twenty years has made clear some points which might be properly regulated in the Constitution, for in an atmosphere of such a Con- 84 Delegates' Manual vention, where great principles necessarily demand much attention and provoke wide discussion, wiser conclusions may be reached on many of these questions than are possible in the hurried and heated discussions of the Legislature. But arguments have been frequently advanced of late that although the people of the State voted last year by a narrow ma- jority of 1,343 votes, less than one-third of all the qualified elec- tors voting for or against calling a Convention this year, neverthe- less, it is insisted that the question may still be fairly raised whether the numerous improvements in the fundamental law, which appear to be demanded in some quarters, are necessary at this time. It is asserted, of course, that if it were a matter of drafting a perfect State Constitution, no doubt many advantag- eous changes might be added. But precedent dictates that long- established government should not be changed for transient causes and public opinion should be the sole reason for amending the Constitution. However, a periodic submission and revision of the Constitution affords opportunity for states to take advantage of what has been done by experiments in other commonwealths where similar 'Con- ventions have taken place in recent years. For this reason it is apparent that a general revision of the Fundamental Law of the Empire State will assume an almost national importance. It will not merely register the general progress in the State during the last twenty years, but it will also point the way of drafting an instrument in conformance with the general tendency amongst the other states, to all of which New York is joined by ties of com- merce as well as patriotism. States learn more or less from each other in matters of ordinary legislation, but a revision of the Constitution gives the opportun- ity for a comprehensive survey of the progress of popular feeling and experience throughout the Union and even if the recommen- dations adopted in the coming Convention are set aside in part or entirely by the people, as they were in 186Y, their discussion will not for that reason be valueless. CONSTITUTIONAL PROVISIONS IN RELATION TO CONSTITUTIONAL CONVENTION Future constitutional conventions, how called; election of delegates; compensation; quorum; submission of amendments; officers; rules; vacancies; taking effect. Art. XIV, § 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, " Shall there be a convention to revise the Constitution and amend the same ? " shall be decided by the electors of the State ; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensa- tion and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for the approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and as- sistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceed- ings. The convention shall determine the rules of its own pro- ceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such [85] 86 Delegates' Manual vacancy occurs. If such vacancy occurs in the office of a delegate- at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an elec- tion which shall be held not less than six weeks after the adjourn- ment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. Amendments of convention and Legislature submitted co- incidently. § 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the Legislature, coincidently submitted to the people for ap- proval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to supersede the amendment so proposed by the legislature. CHAPTER 819 OF THE LAWS OF 1913 IN RELATION TO THE CONVENTION AK ACT to provide for submitting to the people the question, u Shall there be a convention to revise the constitution and amend the same ? " and to provide for such convention, if a majority of the electors shall decide that such convention be held. Became a law December 17, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. A special election shall be held throughout the state submis- . . . sion of on the first Tuesday in April, in the year nineteen hundred and question fourteen, at which there shall be submitted to the electors of the state to be decided by them the question, " Shall there be a con- vention to revise the constitution and amend the same? " Every person qualified at that time to vote for mem- bers of the legislature, may vote upon such question at the special election hereby appointed to be held. Such question shall be submitted in the manner provided by law for the submission of constitutional amendments. Such election Conduot oI shall be conducted by the same officers and in the same manner, electl0n and ballots, booths and election supplies furnished therefor, as a special election called by the governor, except as otherwise pro- vided herein. The ballots shall be in the form prescribed by Ballots section three hundred and thirty-two of the election law and where voting machines are in use, by article eleven of such law. All provisions of the election law regulating the taking of a vote of Applica _ the people upon a constitutional amendment or other question election submitted at a special election shall apply to the election to be aw held under this section, excepting that the board of elections may destroy all ballots not void or protested cast at this election after sixty days, unless otherwise directed by a committee of the legisla- [87] 88 Delegates' Manual Revision of regis- ters of voters Effect ot affirma- tive vote on ques- tion Election ot delegates Number of delegates Nomina- tion of delegates Disquali- fications of office holders, removed ture, the district attorney of the county or a competent court of record. Inspectors of election of the various election districts shall meet in their respective districts at the place designated therefor, on the second Saturday preceding such election, from eight o'clock in the forenoon to ten o'clock in the evening, for the purpose of revising and correcting the> register of voters in the manner pro- vided by the election law for ascertaining electors qualified to vote at a special election. If a majority of the electors voting on such question are shown to have voted in the affirmative upon such question, as shall appear from the returns of county boards of canvassers to the state board of canvassers and by its canvass of such returns, such convention shall be held and shall be deemed duly called thereby, and delegates therefor shall be elected as pro- vided in section two of article fourteen of the constitution. § 2. If, at the election held pursuant to the provisions of sec- tion one of this act, such question be decided in the affirmative, delegates to such convention to revise and amend the constitution shall be elected at the general election to be held on the first Tues- day after the first Monday of November, in the year nineteen hundred and fourteen. At such general election, three delegates shall be elected from each senate district of the state, as such dis- tricts were organized at the time of such special election, and fif- teen delegates-at-large. § 3. Candidates for delegates from a senatorial district shall be nominated in the manner provided in the election law for the nomination of candidates for the office of state senator, and may be designated in the same manner as candidates for the office of state senator. Candidates for delegates-at-large may be nomi- nated by independent certificates or by parties, in the manner provided in the ©lection law for the nomination of candidates to be voted for by all the electors of the state. A separate and addi- tional official ballot shall be provided for voting for delegates-at- large and district delegates, which shall be in the form provided by law for voting for presidential electors, so far as practicable. Any disqualification now imposed by law upon any person holding any other office is hereby removed, so far as the right to be a dele- gate to such convention is concerned. Constitutional Convention of 1915 89 § 4. All laws, not inconsistent with this act, governing the elec- Election tion of public officers at general elections shall be applicable to deleeateB ' the election of delegates to such constitutional convention. Where voting machines shall be used, the names of the fifteen delegates- at-large may be placed upon one ballot in each party column or row containing only the words " constitutional delegates-at-large," preceded by the party name and party emblem. A vote for such ballot shall operate as a vote for all of the candidates of such party for delegates-at-large and shall be counted as such. But suitable provision must also be made where voting machines are used, to enable the voter to cast his vote for any one or more of the fifteen delegates-at-large for whom he desires to vote. § 5. In case of a vacancy by death, resignation or other cause, vacancies, of any district delegate elected to the convention, such vacancy misa shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. § 6. It shall be the duty of the secretary of state to call the conven- convention to order, and preside at all meetings thereof until ;i J^nea to temporary chairman, president or other presiding officer, either temporary or permanent, shall have been elected by such con- vention and shall have taken his seat, but the secretary of state shall have no vote therein unless he be a duly elected delegate to such convention. All public officers, boards and commissions Public shall promptly furnish such convention or any committee thereof e® c , er to with all such information, papers, statements, books or other inS-ma- public documents in their possession as the convention or such committee shall order or require for use at any time during the. ses- sion of the convention. It shall be the duty of the secretary of state, the attorney-general, and the comptroller, who shall be in office on the tenth day of January in the year nineteen hundred and fifteen, to cause to be prepared and ready for such conven- tion a suitable manual, two copies of which shall be furnished Manual to each member and officer of the convention, and the expense of which shall be paid by the treasurer upon the warrant of the comptroller. 90 Delegates' Manual privileged § ^- Every delegate to the convention shall be privileged arrest from arrest on civil process during his attendance at the session of the convention, except on process issued in any suit brought against him for any forfeiture, misdemeanor or breach of tru3t in an office or place of public trust held by him. Each delegate shall enjoy the like privilege for the space of fourteen days be- fore and after any such session, and during adjournments thereof, or when absent with leave of the convention. No officer of the convention, while in actual attendance upon the same shall be questioned na ble to arrest on civil process. For any speech or debate in speech the convention, the delegates shall not be questioned in any other Expulsion place. The convention shall have the power to expel any of its punish- members and to punish its members and officers for disorderly ment o£ . . i members behavior, by imprisonment or otherwise, but no member shall be expelled until the report of a committee appointed to inquire into the facts alleged as the ground for such expulsion shall have Power been received by the convention. The convention shall have the to punish . , . . , for power to punish as a contempt and by imprisonment or other- contempt r r .... . . wise, a breach of its privileges or of the privileges of its mem- bers, but such powers shall not be exercised except against per- sons guilty of one or more of the following offenses: 1. The offense of arresting a member or officer of the con- vention in violation of his privilege from arrest, as hereinbefore declared. 2. The offense of disorderly conduct in the immediate view and presence of the convention and directly tending to interrupt and disturb its proceedings. 3. The offense of publishing any false and malicious report of the proceedings of the convention or of the conduct of an officer or delegate in his official capacity. 4. That of refusing to attend or be examined as a witness or to produce papers and documents called for by subpoena either before the convention or by a committee thereof, or before any person authorized by the convention or by a committee thereof, to take testimony in the proceedings of the convention. 5. That of giving or offering a bribe to any member or of attempting by menace or other corrupt means, or inducement or device, directly or indirectly, to control or influence a member Constitutional Convention of 1915 91 in his vote or other official conduct in or in relation to the con- vention. In anv case in which the convention shall punish any person Limit of r J r imprison- by imprisonment, such imprisonment shall not extend beyond the ment session of the convention. § 8. The Secretary of State shall, as soon as practicable after ^^ , this act takes effect, transmit a printed copy thereof to the board boards V? of elections of each county of the state and to the board of elec- tions of the city of New York. § 9. This act shall take effect immediately. CERTIFICATE AS TO THE NUMBER OF VOTES CAST FOR THE CONSTITUTIONAL CONVENTION OF 1915 Certificate of Adoption of Proposition State of New Yokk, ss. : We, the Secretary of State, Treasurer, and Attorney-General of the State of New York constituting the State Board of Canvassers, having canvassed and estimated the whole number of votes given in relation to Proposition Number One, namely, " Shall there be a Convention to revise the Constitution and Amend the same '. ", at a special election held in said State on the 7th day of April, 1914, according to the certified statement of the said votes received by the Secretary of State in the manner directed by law, do hereby determine, declare and certify that the greatest number of votes given at said election in relation to Proposition Number One were given in favor of said proposition and that the said Proposition Number One has been approved, ratified and adopted. Given under our hands, at the office of the Secretary of State in the City of Albany this 30th day of April in the year of our Lord one thousand nine hundred and fourteen. MITCHELL MAY Secretary of State H. D. CALL Treasurer THOMAS CAKMODY A ttorney-General m2i STATEMENT OF THE NUMBER OF VOTES CAST FOR THE CONSTITUTIONAL CONVENTION OF 1915 State of New York, ss. : ■Statement of the whole number of votes cast in relation to Proposition Number One. Namely " Shall there be a Conven- tion to revise the Constitution and Amend the same?" At a Special Election held in said State on the 7th day of April, 1914, wherein the several counties in which the said votes were given are distinguished. COUNTIES For Against Blank Void Whole number of votes Albany Allegany Bronx Broome Cattaraugus . Cayuga Chautauqua . Chemung. . . . Chenango. . . . Clinton Columbia. . . . Cortland .... Delaware Dutchess. . . . Erie Essex Franklin Fulton Genesee Greene Hamilton Herkimer. . . . Jefferson Kings Lewis . . . t . . . Livingston . . . Madison Monroe Montgomery . Nassau New York . . . Niagara Oneida Onondaga Ontario Orange Orleans Oswego Otsego Putnam Queens Rensselaer Richmond. . . Rockland St. Lawrence. . Saratoga Schenectady. . Schoharie Schuyler 5,212 446 7,583 1,135 1,003 1,754 1,852 914 429 888 1 , 145 265 416 1,110 8,867 734 609 926 426 659 567 786 885 25,208 328 673 705 5,540 773 1,563 34,776 1,803 1,007 4,009 943 1,382 703 1,388 462 255 8,966 955 772 723 002 851 343 340 251 [93] 8,618 1,828 2,118 2,010 2,769 1,899 3,391 1,118 2,249 1,051 1,632 1,388 1,786 1,472 8,591 908 1,209 934 1,532 1,250 105 2,661 2,851 10,500 1,108 1,637 1,820 5,680 2,001 2,055 8,650 2,093 5,989 3,249 1,915 3,005 1,070 2,233 2,675 306 2,164 3,762 664 784 2,821 2,004 1,496 1,418 653 30 102 11 2 128 1 17 25 18 147 27 4 14 2 17 120 1,449 23 11 12 43 21 2 16 29 164 324 3 12 140 74 10 236 653 6 9 79 15 57 40 14 20 8 1 1 52 352 47 IS 27 2 7 12 13 93 23 1 4 3 13,962 2,285 9,831 3,163 3,815 3,653 5,390 2,059 2,696 1,958 2,897 1,653 2,202 2,582 18,907 1,642 1,852 1,872 2,001 1,930 674 3,492 3,736 36,196 1,436 2,325 2,665 11,220 2,774 3,712 44,315 3,902 7,084 7,330 2,898 4,401 1,773 3,621 3,165 563 11,182 6,116 3,481 1,516 3,848 3,855 2,955 1,763 907 94 Delegates' Manual COUNTIES For. Against Blank Void Wtiole number of votes 578 1,106 1,845 625 429 493 1,063 772 1,135 876 4,526 292 250 1,154 3,433 2,184 934 1,227 1,597 4,935 1,037 2,101 1,940 4,268 1,302 735 3 44 22 6 112 1 9 38 6 81 26 4 1,744 4,583 Suffolk 4,089 Sullivan Tioga 1,571 1,656 2,202 Ulster 6,079 Warren 1,809 3,263 2,816 8,794 1,594 Yates. . ~ 989 Total. 153,322 151,969 3,146 2,007 310,444 Dated at Albany, the 3 Oth day of April, 1914. MITCHELL MAY Secretary of State H. D. CALL Treasurer THOMAS CAEMODY A ttorney-General CERTIFICATE OF ELECTION OF THE DELEGATES-AT- LARGE TO THE CONSTITUTIONAL CONVENTION OF 1915 State of New York, ss.: We, the Secretary of State, Comptroller, Treasurer, Attorney- General and State Engineer and Surveyor of the State of New York, constituting the State Board of Canvassers, having canvassed and estimated the whole number of votes given for the office of Delegates-at-Large to the Constitutional Convention at the general election held in said State on the third day of November, 1914, according to the certified statements of the said votes received by the Secretary of State, in the manner directed by law, do hereby determine, declare and certify that, William Berri Herbert Parsons Edgar Truman Brackett Adolph J. Eodenbeck Jacob Brenner Eliiiu Boot Alphonso T. Clearwater Jacob Gould Schurman Patrick W. Cullinan Henry L. Stimson Seth Low George W. Wickersham Louis Marshall Charles H. Young John Lord O'Brian were, by the greatest number of votes given at the said election, duly elected Delegates-at-Large to the Constitutional Convention of the said State. Given under our hands, at the office of the Secretary of State, in the City of Albany, the eleventh day of December in the year of our Lord one thousand nine hundred and fourteen. MITCHELL MAY Secretary of State WM. SOHMEE Comptroller JAMES A. PABSONS A ttomey-Oeneral J. A. BENSEL State Engineer and Surveyor [95] CERTIFICATE OF ELECTION OF SENATE DISTRICT DELEGATES TO THE CONSTITUTIONAL CONVENTION OF 1915 State of New York, ss. : We, the Secretary of State, Comptroller, Treasurer, Attorney- General and State Engineer and Surveyor of the State of New York, constituting the State Board of Canvassers, having canvassed and estimated the whole number of votes given for the office of Senate District Delegate to the Constitutional Convention in the several Senate Districts as enumerated, at the general election held in said State, on the third day of November, 1914, according to the certified statements of the said votes received by the Secre- tary of State in the manner directed by law, do hereby determine, declare and certify, that for the First Senate District Robert 'S. Pelletreau Franklin A. Coles William M. McKinney Second Senate District Philip Frank George J. Ryan John W. Weed Third Senate District Andrew McLean Charles A. Webber Moses J. Wafer Fourth Senate District Floyd J. Adams Richard E. Weber Isidor Buxbaum Fifth Senate District James H. Dahm Edward J. Byrne Michael Daly Sixth Senate District Harry E. Lewis Meier Steinbrink William P. Bannister Seventh Senate District Michael Fogarty Francis P. Ward William N. Dykman Eighth Senate District William R. Bayes Almet R. Latson Edgar M. Doughty Ninth Senate District Theodore C. Eppig Frank Mann Harry Heyman Tenth Senate District Isaac Sargent William F. Mathewson Joseph Linde [981 1 X W , K 1 UJ <0 $J o 1 > Li_ o rr w j | £ UJ CD "2 it < It w z UJ T EC e 1* h- fe f ^ t, o || a % in | ^ o T « |I W CO W'i i H 1 PQ || £ T eoffice and document rooms shall be opened every morning during the session of the Legislature at 8.30 o'clock and remain open until 5.30 p. m., and shall also be open during all the hours the Senate is in session, except that on Sundays the post-office shall be open from 12 noon to 1 o'clock p. ii. 44. A rule of the Senate shall not be altered, suspended or rescinded without a vote of a majority of all the Senators elected ; and a motion to suspend, alter or rescind any such rule, or any joint rule of the two Houses, shall not be in order, without the unanimous consent of the Senate, unless one day's previous notice thereof in writing shall be given; specifying the purpose of the proposed suspension, alteration or rescission ; provided that noth- ing in this rule shall limit the provisions of the first and thirty- second rules. 45. Whenever a claim is referred to a committee, and the com- mittee reports that the claim ought not to be allowed, and the report is adopted by the Senate, it shall not be in order to move to take the papers from the files for the purpose of referring them to a subsequent session, unless the claimants shall present a memorial for that purpose, stating in what manner the commit- tee have erred in their report, or that new evidence had been discovered since the report, and setting forth the same in the memorial. 46. All resolutions calling for the expenditure of moneys must be decided by a majority vote of all the members elected to the Senate, upon a call of the roll. 47. For the purpose of securing the attendance of Senators, a call of the Senate may be ordered at any time, but such call shall not be in order after the voting on any question has begun, nor after the third reading of a bill has been completed, nor after the motion to close debate has been ordered pursuant to Rule 32, unless it shall appear upon an actual count by the President that a quorum is not present. 154 Delegates' Manual 48. Persons not members of the Senate, or officers or employees thereof, shall be admitted to the floor of the Senate only as follows : 1. The Governor, his secretary and messenger. 2. The members and Clerk of the Assembly, and clerks and messengers of the Assembly in the exercise of an official duty directly connected with the business of the Senate. 3. The elected State officers, heads of departments and their deputies. 4. Eeporters of the Senate and of the Assembly designated under the rules, unless a designation theretofore given them has been revoked. 5. Ladies, and members of a Senator's family, or of the family of the President of the Senate, on the card of a Senator, or of the President of the Senate. 6. Former members of the Senate. 7. Any person not hereinbefore named may be admitted to the parlor of the Senate. 8. During the sessions of the Senate, no person other than a Senator shall occupy the chair of a Senator. 49. An officer or employee of the Senate shall not solicit sub- scriptions, for any purpose, from any other officer or employee thereof, nor from any Senator. Nor shall any person be per- mitted to solicit or receive subscriptions or contributions for any purpose on the floor, or in the lobby of the Senate. RULES OF THE ASSEMBLY OF THE STATE OF NEW YORK AS ADOPTED JANUARY 6, 1915 Powers and Duties of the Speaker Rule 1. The Speaker shall take the chair each day at the hour to which the House shall have adjourned. He shall call to order, and, except in the absence of a quorum, shall proceed to business in the manner prescribed by these rules. Rule 2. He shall possess the powers and perform the duties herein prescribed, viz. : 1. He shall preserve order and decorum, and, in debate, shall prevent personal reflections and confine members to the question under discussion. When two or more members rise at the same time, he shall name the one entitled to the floor. 2. He shall decide all qiiestions of order subject to appeal to the House. On every appeal he shall have the right, in his place, to, assign his reason for his decision. In case of such appeal no member shall speak more than once. 3. He shall appoint all committees, except where the House shall otherwise order. 4. He may substitute any member to perform the duties of the Chair for a period not exceeding two consecutive legisla- tive days, but for no longer period, except by special consent of the House. 5. He shall designate the persons who shall act as reporters for the public press, not exceeding thirty in number ; but no reporter shall be admitted to the floor who is not an authorized representative of a daily paper. Such reporters, so appointed, shall be entitled to such seats as the Speaker shall designate, and shall have the right to pass to and fro from such seats in entering or leaving the Assembly Chamber. 6. He shall not be required to vote in ordinary legislative proceedings, except where his vote would be decisive. T. He shall have general control, except as provided by rule or law, of the Assembly Chamber, lobbies and rooms and of [155] 156 Delegates' Manual the corridors and passages in that part of the Capitol assigned to the use of the Assembly. - In case of any disturbance or disorderly conduct in the galleries, corridors or passages, he shall have power to order the same to be cleared, and may cause any person guilty of such disturbance or disorderly con- duct to be brought before the bar of the House. In all such cases the members present may take such measures as they shall deem necessary to prevent a repetition of such miscon- duct, either by the infliction of censure or pecuniary penalty, as they may deem best, on the parties thus offending. 8. He shall be ex-officio member and chairman of the Committee on Rules. 9. The Speaker shall appoint a majority leader, who shall be a member of the Ways and Means Committee and the Committee on Rules, and who, in addition thereto, shall be a member ex-officio of all other committees of the House and entitled to the same rights and privileges as other members of said committees of which he is an ex-officio member, except the right to vote. Sergeant-at-Arms Rule 3. Subject to the direction of the Speaker, the Sergeant- at-Arms shall enforce the rules of the House, enforce order in the Assembly Chamber, lobbies and rooms and exclude all persons from the floor except such as are entitled to the privilege of the same. Stenographer Rule 4. It shall be the duty of the Stenographer of the Assem- bly to be present at every session of the House. He shall take stenographic notes of the debates in the House, and shall furnish a copy of the same, written out in long-hand, to any member ap- plying therefor, upon the payment to said Stenographer of ten cents for each folio, which charge said Stenographer may receive in addition to his fixed compensation. The stenographic notes of the debates shall be filed with the Clerk, and shall form a por- tion of the archives of the House. The Clerk of the Assembly is authorized to furnish said Stenographer with proper stenographic blank books in which to record said debates, not to exceed fifty dollars for an annual session of the Legislature. Constitutional Convention of 1915 157 Order of Business Rule 5. The first business of each days's session shall be the reading of the journal of the preceding day, and the correction of any errors that may be found to exist therein. Immediately thereafter, except on days and at times set apart for the consider- ation of special orders, the order of business, which shall not be departed from, except by a vote of two-thirds of the members present, to be determined by a call of the roll, shall be as fol- lows: 1. Messages from the Governor, and from the Senate, communications from State officers, reports from State insti- tutions and reports from the Committees on Revision and Printed and Engrossed Bills. 2. First reading of a bill by its title and reference of the same. 3. Reports of standing committees in their order. (See Rule 19.) 4. Reports of select committees. After the foregoing orders have been finished, the following shall be the order of the day: For Mondays: 1. Bills on second reading. 2. Bills on third reading. 3. Original resolutions during the months of January and February only. 4. Unfinished business (other than bills) may be consid- ered. For Tuesdays : 1. Bills on third reading. 2. Bills on second reading. For Wednesdays: 1. Bills on second reading. 2. Bills on third reading. For Thursdays: 1. Bills on third reading. 2. Bills on second reading. 158 Delegates' Manual For Fridays: 1. Bills on second reading. 2. Bills on third reading: For Saturdays : 1. Bills on second reading. 2. Bills on third reading. But messages from the Governor and Senate, communications and reports from State officers, reports from the Committee on Privileges and Elections involving the right of a member to his seat, reports from the committees on Engrossed Bills, on revision and on Rules shall be received at any time. When the regular orders for any day shall be gone through the following shall be the order of business : 1. Bills on third reading. 2. Bills on second reading. "When consideration of the orders of the day is not finished, those not acted upon shall be the orders for the next and each suc- ceeding day until disposed of, and shall be entered first in the cal- endar without change in their order. Of Bills Rule 6. Concurrent resolutions proposing amendments to the Constitution of the State and concurrent resolutions proposing or ratifying amendments to the Constitution of the United States shall, for all legislative purposes, be deemed to be and be treated as bills. No bill shall be introduced in the House except in one of the following modes, viz. : 1. Bills may be deposited at any time during the session, in a box to be known as the " bill box," which shall be under the im- mediate charge of the Clerk, and which shall be kept securely locked until all bills so deposited are removed by him or by a deputy clerk authorized by him. Every bill shall be in duplicate, and before depositing the same in the " bill box," both shall be endorsed with a statement of the title, the name of the member Constitutional Convention of 1915 159 introducing, it, and a certificate of the Clerk that the same was presented for introduction by said member personally. At the close of each day's session one of said bills so deposited shall be handed by the Clerk to the Speaker for his examination after due record thereof has been entered in a book which shall be kept for that purpose. At the next regular session, as provided in subdivision 2 of Eule 5, the Speaker shall announce the introduc- tion of all bills thus received by him for their first reading, and thereupon shall refer them to the appropriate committees with the consent of the House. The other of said bills having first been entered in the record book shall, on the day of their reception, be filed by the Clerk with the Librarian of the Assembly, who shall keep a record thereof, which, together with the bills, shall, under his supervision, be subject to public inspection during the regular oflice hours of the library. 2. By report of a committee. 3. By order of the House. 4. By message from the Senate. jSTo private or local bill shall be introduced after the first day of March, except by message from the Senate. Rule 7. No private bill shall be introduced, but upon a mem- orial or petition presented to the House and signed and verified by the party or parties praying for the passage of the same, except by order of the House. Rule 8. Every bill introduced shall, by its title, briefly indicate the purpose of the proposed law. The subject of every private or local bill shall be expressed in the title, as required by section sixteen of article three of the 'Con- stitution. The titles of all bills proposing amendments to any of the codes, to the Greater New York charter, to any chapter of the consolidated laws, or to any act having a short title, shall quote the descriptive name of the code, and may quote the short title of the law, and, except in the case of private or local bills, must contain some brief references to the subject-matter of the proposed amend- ment. The title of every bill proposing amendment to any existing law, other than such as is hereinafter enumerated, must contain the 160 Delegates' Manual number of the chapter, the year in which it was enacted and the title of the statute to be amended, together with some brief refer- ence to the subject-matter of the proposed amendment. Every bill amending an existing law must state in the first section : 1. If a code amendment or an amendment to the penal law, the descriptive name of the code or short title of such law and the section of the code or law proposed to be amended. 2. If an amendment to the Greater New York charter, it shall be described as follows : " Section of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the Laws of nineteen hundred and one, is hereby amended to read as follows : " 3. If any other law, the section and chapter of the statute pro- posed to be amended, the year of its enactment and the title of the original, together with the chapter and year of all acts amenda- tory thereof; provided, however, that where a bill proposes to amend more than one section of such law, each section after the first section shall refer to said chapter proposed to be amended, and shall state the chapter and year of all acts amendatory of such section. Eule 9. Every bill, immediately upon its introduction, shall be printed and placed on the files of the members. It shall retain its original printed number, when reprinted, together with its new number, thereafter, during all stages of its progress. Every bill amending existing law, upon its introduction, and if reprinted, must, in the body of the bill, have all new matter printed in italics, and all matter to be eliminated by amendment from existing law must be printed in its proper place in the bill inclosed in black-faced brackets, and, where a bill is amended by eliminating proposed new matter such new matter shall be omitted in the reprint of the bill. Whenever it shall be called to the at- tention of the Speaker that any bill introduced is not drawn or printed in accordance with the provisions of this rule, the Speaker may, in his discretion, direct the Clerk to cause such bill to be immediately amended and reprinted so as to comply therewith, and when reprinted said bill shall be restored to the place it held when such direction was given. Constitutional Convention of 1915 161 Rule 10. All bills, whether introduced in the House or com- municated by message from the Senate, shall, after their first reading, be referred to a standing or select committee, to consider and report thereon. Such committee may report any bill, either with or without amendments, or they may report adversely to the same. All bills reported favorably or for consideration, if re- ported with amendments, shall be immediately reprinted, and the amendments proposed by the committee, if amending existing law, shall be printed in italics in their proper position, except in cases where the committee recommend striking out certain words from existing law, in which case such words shall be printed inclosed in black-face brackets. Where a committee amends a bill by elimi- nating proposed new matter such new matter shall be omitted in the reprint of the bill. All bills favorably reported shall, if the report be agreed to, be placed on the order of second reading ; but where a bill has been reported adversely, and such report shall be agreed to by the House, it shall be considered as rejected. Where a favorable or adverse report is disagreed to, the bill shall be before the House for dis- position. No standing committee shall be discharged from the consideration of a bill referred to it, nor shall an adverse report upon a bill be received, until, after such reference, the bill has been printed and placed upon the desks of the members and, sub- sequent thereto, the committee has held a meeting, or ten days shall have elapsed since the bill was placed upon the desks of the members and no meeting of the committee has been held. A standing committee shall not be discharged from the consideration of a measure except by vote of a majority of all the members elected to the Assembly. Rule 11. Every message from the Senate communicating an amendment shall be referred to the committee which reported the measure proposed to be amended, with power to report at any time. Rule 12. ISTo bill shall be considered for third reading until it shall have been on the printed calendar of the House on two legislative days on that order, except where made a special order, in which case it may be considered on second and third reading on the same day, provided it shall have been on the printed calendar of the House on two legislative days. 162 Delegates' Manual Rule 13. Bills on the order of second reading shall be subject to debate before the motion to order them to a third reading is entertained; such bills shall be considered section by section. After the bill has been thus read through, one-half hour shall be allowed for debate, but no person shall speak more than fifteen minutes, except by consent of the House. The main question, however, if ordered, shall be on the advancement of the bill; but when amendments are pending the question shall first be taken upon such amendments in their inverse order. Rule 14. Every bill shall receive three separate readings, and on three different days, previous to its passage, except by unani- mous consent or when made a special order. 'Rule 15. Petitions, memorials and remonstrances may be presented to the Clerk at the close of each day's session. Of Resolutions Rule 16. The following classes of resolutions shall lie over one day for consideration, after which they may be called up and con- sidered, under their appropriate order of business, upon one week's notice in writing specifying the date for such consideration : 1. All concurrent resolutions, except resolutions in reference to adjournments and those recalling bills from the Governor or Senate, which shall be regarded as privileged. 2. Resolutions containing calls for information from State officers or departments. 3. Resolutions giving rise to debate, except such as relate to the disposition of matters immediately before the House, such as relate to the business of the day on which they were offered, and such as relate to adjournment or taking recess for a day. Rule 17. All resolutions for printing extra copies of documents shall be referred to the Committee on Printing, which shall report on each resolution within seven days after such reference. Rule 18. All other resolutions calling for or leading to ex- penditures shall be referred to, and reported on, by the Committee on Ways and Means, unless the House shall designate some other committee. Constitutional Convention of 1915 163 Committees and Their Duties Rule 19. The standing committees shall be as follows, viz. : To consist of fifteen members : Ways and Means. To consist each of thirteen members : Judiciary, Affairs of Cities, Codes, General Laws, Internal Affairs, Insurance, Banks, Electricity, Gas and Water Supply, Excise, Affairs of Villages, Labor and Industries, Taxation and Retrenchment, Canals, Railroads, Conservation, Penal Institutions, Public Education, Charitable and Religious Societies, Public Health, Commerce and Navigation, Agriculture, Revision, Social Welfare. To consist each of eleven members : Public Printing, Public Institutions, Military Affairs, Soldiers' Home, Claims. To consist each of nine members : Privileges and Elections. 164 Delegates' Manual To consist of six members each : Eules, Printed and Engrossed Bills. Standing committees, except the committees on rules, revision, printed and engrossed bills and privileges and elections, shall hold regular meetings each week, the days respectively selected or as- signed to be posted on the Assembly committee board; shall hold special meetings only on public notice of at least one day by the chairman or upon the call of a majority of all the members thereof, entry of which fact shall in either case be made on the records of the committee; and at least one day's notice shall be given of all public hearings before committees. No committee, except the committees on revision and printed and engrossed bills shall vote to report any bill unless a majority of all the members thereof is actually present. The affirmative vote of a majority of all the members appointed to a standing or select committee, except the committees on revision and printed and engrossed bills, shall be necessary to every report. Wo proxy vote shall be valid. The report of a committee upon any matter referred to it, other than a bill, may include a brief statement of the opinion of a majority and of any member or members of the committee voting in either the majority or minority. The clerk of each standing committee shall file with the Clerk of the Assembly forthwith upon the assignment thereof a notice of all hearings, which notice shall contain the title of the bill, the name of the introducer, the printed number thereof and the date upon which said hearing is to be held. The Clerk of the Assembly shall keep a record of such notices in a book to be provided by him, which book shall be a public record and kept in a place accessible to the public at all reasonable hours. Rule 20. The Committee on Revision shall examine and cor- rect the bills which are referred to it, for the purpose of avoiding repetitions and unconstitutional provisions, insuring accuracy in the text and references, and consistency with the language of the existing statutes. It shall also report whether the object sought to be accomplished can be secured without a special act, under exist- ing laws, or without detriment to the public interests, by the enact- CONSTITUTIONAL CONVENTION OF 1915 165 ment of a general law, provided, that any change in the sense or legal effect, or any material change in construction, shall be re- ported to the House as a recommendation and not as an amend- ment. All bills other than Senate bills which have not been amended in the House shall be so referred prior to their third read- ing, except a bill which has been made a special order on second and third reading. Each bill, other than Senate bills, unless otherwise ordered by the House, or endorsed as having been prepared or examined by the legislative bill drafting department, shall, before such bill is sent to the printer, be delivered by the Clerk to the revision com- mittee. The revision committee shall examine such bills and shall have the power to correct or redraft the same in accordance with the provisions of this rule and so that the same shall conform to the provisions of rules eight and nine. Rule 21. A report of a committee must contain the name of the committee making the same ; the name of the introducer of the bill or other matter reported on ; the title, if a bill, with the num- bers thereof and the fact as to whether reported favorably, with or without amendments, for the consideration of the House or ad- versely. If the report be on a resolution, petition, memorial or remonstrance it must contain the recommendations, if any, of the committee thereon. The reports of all committees, except the committees on revision and on printed and engrossed bills, must also contain, except when a report for reprint and recommital, the name of the members present when such report was agreed to and how each member voted thereon and a record thereof shall be entered upon the Jour- nal of the House. Rule 22. On or before the fifth day of April committees, except the committees on revision and printed and engrossed bills, shall make final report upon matters referred to them unless further time is granted for cause, and after that date no bill shall be intro- duced, except by message from the Senate. Of Special Orders Rule 23. Any matter may be made a special order for any particular day by the assent of two-thirds of the members present. 166 Delegates' Manual When so made, a similar vote shall be requisite to rescind or postpone. Committee on Rules Rule 24. During the last ten days of the session a notice may- be given, requesting that any matter be made a special order, or that the rules be suspended for the purpose of reading a bill out of its order, which shall be referred, without debate, to the com- mittee on rules. The member making the motion or giving the notice shall submit in writing the reasons for making such special order or suspension, and attach thereto a copy of the bill. The committee may report at any time, and such report shall stand as the determination of the House, unless otherwise ordered by a vote of a majority of the members elected. The committee shall not, however, report as a special order, a measure from the consideration of which a motion to discharge a standing committee has been made and lost, or upon which a motion to report from a standing committee has been made and lost, unless so instructed by the House, by a vote of a majority of the members elected. The committee may be instructed by the House at any time to report any matter as a special order or to report that the rules be sus- pended for the purpose of reading a bill out of its order, by a vote of a majority of the members elected. On Motions and Their Precedence Rule 25. When a question shall be under consideration, no motion shall be received except as herein specified, which motions shall have precedence in the order stated, viz. : 1. For an adjournment of the House. 2. A call of the House. 3. For the previous question. 4. To lay on the table. 5. To postpone to a certain day. 6. To commit. 7. To amend. 8. To postpone indefinitely. Rule 26. A motion to reconsider any vote must be made on the same day on which the vote proposed to be reconsidered was Constitutional Convention of 1915 167 taken, or on the legislative day next succeeding, and except in the case of a vote on the final passage of a bill, by a member who voted in the majority, providing, however, that the vote upon the final passage of a bill recalled from the Governor, the Senate, or a mayor of a city may be reconsidered at any time after it is returned to the House. Such motion may be made under any order of business but shall be considered only under the order of business in which the vote proposed to be reconsidered occurred. The motion to reconsider the vote on the final passage of any bill shall be privileged to any member, but no motion for the reconsideration of any vote shall be in order after a bill, reso- lution, message, report, amendment or motion upon which the vote was taken shall have gone out of the possession of the House, un- less subsequently recalled by a vote of the House, and in possession of the Clerk. Rule 27. "When a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsidered ; nor shall any vote be reconsidered upon either of the following motions : To adjourn. To lay on the table. To take from the table ; or For the previous question. 'Rule 28. A motion to recall a bill from the Governor for cor- rection may be made by or on behalf of the member who introduced the bill, under any order of business, and the votes for considera- tion and amendment of such bill may be taken immediately upon its return. Rule 29. The " previous question " shall be put as follows : " Shall the main question now be put ? " and until it is decided, ehall preclude all amendments or debate. When, on taking the previous question, the House shall decide that the main question shall not now be put, the main question shall be considered as still remaining under debate. The " main question " shall be the ad- vancement or passage of the bill, resolution or other matter under consideration; but when amendments are pending, the question shall first be taken upon such amendments in their order. 168 . Delegates' Manual Of the Assembly Chamber and Admission to the Floor Thereof Eule 30. The use of the Assembly Chamber by bodies other than the Assembly shall be within the jurisdiction and control of the Speaker, unless otherwise ordered by the House. Eule 31. The following classes of persons shall be entitled to admission to the floor of the House during the session thereof, viz. : 1. The Governor and Lieutenant-Governor. 2. The members of the Senate. 3. The elected State officers and their deputies. 4. Persons in the exercise of an official duty directly con- nected with the business of the House. 5. The reporters for the press, as provided by subdivision 5 of Eule 2. 6. Ex-Speakers of the Assembly. Wo other person shall be admitted to the floor during the session, except upon the permission of the Speaker or by vote of the House ; and persons so admitted shall be allowed to occupy places only in the seats in the rear of the Assembly Chamber. All permits granted by the Speaker shall be revoked by him at pleasure, or upon the order of the House. Eule 32. No person shall be entitled to the privileges of the floor of the Assembly as a legislative reporter of a newspaper who is interested in pending or contemplated legislation, or who is em- ployed by or receives compensation from any corporation for in- fluencing legislation. Rights and Duties of Members Eule 33. Every member who shall be within the bar of the House when the question is stated from the Chair shall vote thereon, unless he is excused by the House, or unless he be directly interested in the question ; nor shall the roll of absentees be more than once called. The bar of the House shall be deemed to include the entire Assembly Chamber. Eule 34. In all cases of the absence of members during the session of the House, the members present may take such measures as they shall deem necessary to secure their presence, and in addi- Constitutional Convention of 1915 169 tion to suspending them from the service of the House for a given period, may inflict such censure or pecuniary penalty as they may deem just on those who, on being called on for that purpose, shall not render a sufficient excuse for their absence. Rule 35. For the purpose of securing the attendance of mem- bers, a call of the House may be made, but such call shall not be in order after the main question has been ordered, nor after the voting on the question has commenced, nor after the third reading of a bill has been completed. While a call of the House is in progress no other business shall be transacted except by order of the House. Rule 36. When less than a quorum vote on any subject under the consideration of the House, it shall be in order, on motion, to close the bar of the House, whereupon the roll of members shall be called by the Clerk, and if it is ascertained that a quorum is present, either by answering to their names or by their presence in the House, the yeas and nays shall again be ordered by the Speaker, and if any member present refuses to vote, such refusal shall be deemed a contempt, and unless purged, the House may order the Sergeant-at-Arms to remove said member or members without the bar of the House, and all privileges of membership shall be refused the person or persons so offending until the contempt be duly purged. Rule 37. Whenever any person shall be brought before the bar of the House for adjudged breach of its privileges, no debate shall be in order, but the Speaker shall proceed to execute the judgment of the House without delay or debate. Rule 38. No person shall have access to or be permitted within or by the Clerk's desk during the session of the House, except offi- cers of the House in the discharge of their official duties. During the sessions of the House no person other than a member shall occupy the chair of a member. Of Order and Decorum Rule 39. No member rising to debate, to give notice, make a motion or report, or to present a petition or other paper, shall pro- ceed until he shall have addressed the Speaker from his place and have been recognized by him. Rule 40. While a member is speaking, no member shall enter- tain any private discourse or pass between him and the Chair. 170 Delegates' Manual Eule 41. While the Speaker is putting a question, or a roll call is in progress, or a count is being had, no member shall speak or leave his place. Rule 42. When a motion to adjourn is carried, the members and officers shall keep their seats and places until the Speaker de- clares the House adjourned. Of Order in Debate Eule 43. No member shall speak, except in his place, nor more than twice on any question, without leave of the House. No mem- ber shall speak for more than fifteen minutes at a time except by consent of two-thirds of the members present. Rule 44. If any member, in speaking, transgresses the rules of the House, the Speaker may call him to order, in which case the member so called to order shall immediately sit down, and shall not rise unless to explain or proceed in order. Rule 45. All questions relating to the priority of one question or subject-matter over another, under the same order of business, shall be decided without debate. Rule 46. When the House shall be equally divided on any question, including the Speaker's vote, the question shall be deemed to be lost. Rule 47. If any question contains several distinct proposi- tions, it shall be divided by the Chair at the request of any mem- ber, but a motion to strike out and insert shall be indivisible. Rule 48. In all cases where a bill, order, motion or resolution shall be entered on the Journal, the name of the member introduc- ing or moving the same shall also be entered on the Journal. Rule 49. The yeas and nays may be taken on any question, whenever so required by any ten members (unless a division by yeas and nays be pending), and when so taken shall be entered on the Journal. Rule 50. In all cases where unanimous consent is asked for advancing a bill out of its order, it shall be the duty of the Speaker to order a roll-call for the purpose of determining if such consent will be granted. Rule 51. All questions of order, as they shall occur, with the decisions thereon, shall be entered in the Journal, and, at the close Constitutional Convention of 1915 171 of the session, a statement of all such questions and decisions shall be printed at the close of and as an appendix to the Journal. Rule 52. Any member requesting to be excused from voting upon the final passage of a bill or upon the passage of a resolution requiring the expenditure of money, may make, when his name is called, a brief statement of the reason for making such request, not exceeding two minutes in time, and the House, without debate, shall decide if it will grant such request ; but nothing in this rule contained shall abridge the right of any member to record his vote on any question previous to the announcement of the result. Miscellaneous Provisions Rule 53. No reporter for the Assembly, who has an appoint- ment as reporter in the Senate, shall receive any order for sta- tionery from the Clerk of the Assembly. Rule 54. It shall be the duty of the Sergeant-at-Arms, at all times, to prevent smoking in the Assembly Chamber. Suspension of the Rules Rule 55. 3STo standing rule or order of the House shall be changed, suspended or rescinded unless one day's notice shall have been given of the motion therefor ; nor shall such change be made unless by a vote of a majority of all the members elected to the Assembly; any such rule, or order, however, may be suspended by unanimous consent. But such notice shall not be necessary on the last day of the session. The notice and motion shall, in all cases, state specifically the object of the suspension, and every case of suspension of a rule under such notice and motion shall be held to apply only to the object specified therein. Such notice shall be given and such motion made under the order of business in which the matter proposed to be advanced by the suspension shall stand. MISCELLANEOUS RULES AND PRECEDENTS APPLICABLE TO ASSEMBLIES [Clerk's Manual 1915] Adjouen. — It has been decided and acted upon that the motion " to fix the day to which the house shall adjourn " takes precedence of a motion " to adjourn." Barclay, p. 5. A motion " to fix the hour to which the house shall adjourn " does not take precedence of a motion to adjourn, and can only be made when resolutions are in order. Barclay, p. 6. A motion to adjourn cannot be received after another question is actually put,- and while the house is actually engaged in voting. Barclay, p. 6. A motion to adjourn cannot be received after a bill has been read through the third time, but the vote on final passage must be taken. — To fix time to which to. — If it is desired to have an ad- journed meeting of the assembly, it is best some time before its close to move, " That when this house adjourns, it adjourns to meet at such a time," specifying the time. This motion can be amended by altering the time, but if made when another question is before the assembly, neither the motion nor the amendment can be debated. If made when no other business is before the as- sembly, it stands as any other main question, and can be debated. This motion can be made even while the assembly is voting on the motion to adjourn, but not when another member has the floor. Koberts, p. 169. — To a particular time. — If previously it had been decided when they adjourned to adjourn to a particular time, then the chair states that the assembly stands adjourned to that time. If the motion to adjourn is qualified by specifying the time, as " to adjourn to to-morrow evening," it cannot be made when any other question is before the assembly; like any other main motion, it can then be amended and debated. Roberts, p. 170. [172] Constitutional Convention of 1915 173 A motion simply to adjourn is in no instance debatable ; but if, in order, it is moved to adjourn to a particular day, or for a par- ticular time, the proposition will admit of debate. In this form it cannot be moved when anything else is pending; for, in this form, it is itself a principal proposition, and not a privileged question.. Mell, par, 167. A motion to adjourn cannot take a member from the floor, can- not interrupt the verification of a vote, and cannot be entertained while an assembly is dividing. Keed's Rules, sec. 169. A motion to adjourn sine die is subject to a motion to commit, and is debatable. Legislative Manual, p. 262. Amendment. — An amendment, though inconsistent with one already adopted, cannot be shut out for that reason, but must be put to a vote if insisted on. The inconsistency may be good ground for its rejection by the house, but is no ground for its sup- pression by the chair. Croswell, p. 46. The friends of a bill or section must have the privilege of selecting the most advantageous form for it before it is liable to be suppressed by a substitute. Warrington, p. 68 ; Croswell, p. 46. , — Substitute. — ■ An amendment may be moved to an amend- ment, but it is not admitted in another degree. But it is a well- settled practice of the house that there may be pending, at the same time with such amendment to the amendment, an amend- ment in the nature of a substitute for part or the whole of the original text, and an amendment to that amendment. It was decided many years ago that if the motion to amend the original matter was first submitted, it was not then in order to submit an amendment in the nature of a substitute, but it was subse- quently decided otherwise, and the practice ever since has been in accordance with the latter decision. So, now, notwithstanding the pendency of a motion to amend an amendment to the original matter, a motion to amend, in the nature of a substitute, and a motion to amend that amendment, may be received, but cannot be voted upon until the original matter is perfected. Barclay's Digest, pp. 8 and 9. 174 Delegates' Manual — Preamble. — When a proposition consists of several par- agraphs, sections or resolutions, the natural order is to commence at the beginning, and proceed to amend it paragraph by paragraph in succession. When a latter part is amended, it is not in order to recur back and amend a former part. The proper course is for the presiding officer to cause to be read the proposition, pausing at the end of each paragraph, and inquiring if any amendment is proposed. Should none be offered, he will pass on to the next, and so on to the end. But there is an exception to this in the case of a preamble. An amendment of the resolution may require a corresponding alteration in the preamble ; this latter is not to be considered and amended until the resolutions have been perfected. Mell, par. 119. Appeal. — from decision of the chair: Cannot be amended. Cannot be debated when it relates to indecorum. Or to transgressions of the rules of speaking. Or to the propriety of business. Or if it is made while the previous question is pending. Opens to debate the grounds of the decision of the presiding officer. Croswell's Manual, p. 30 ; Roberts on Rules of Order, p. 38. May be laid on the table. If carried the decision of the chair stands. Roberts, pp. 41-42 ; Barclay's Di- gest, p. 13. Motion to table an appeal from a decision of the chair, if car- ried, does not carry with it the subject-matter; it carries only the appeal. -Speaker Malby, Assembly Journal, 1894, p. 2678. Vote on, may be reconsidered, but vote on motion to table an appeal cannot be reconsidered. Roberts, pp. 39 and 40 ; Cushing, par. 1466; Reed's Rules, p. 150. Is too late if debate or other business intervenes. Cushing, par. 1465. If a new point of order is raised, when an appeal is pending, no second appeal is in order, nor does the withdrawal of the first appeal change the case. Cushing, par. 1470. Constitutional Convention of 1915 17.5 May be withdrawn at the pleasure of the mover, and renewed by the same person or another, and may be debated itself, but not the question out of which it arose. Main question may be withdrawn before it is decided or amended, and then the appeal falls. If the appeal is laid on the table, the main question is still before the house. Cushing, par. 1467. Adjournment does not suppress an. Cushing, par. 1467. Is debatable, though the question giving rise to it may be un- debatable. Cushing, par. 1466. If there is a tie on an appeal, the decision of the chair is sus- tained. Koberts, pp. 39', 94. In all cases the chair may decide the question, and if he pleases may sustain his own decision by means of his casting or other vote. Cushing, par. 1471. Is not debatable (1) when the subject relates to transgressions of the rules of speaking, or to some indecorum, or to the priority of business; (2) when the previous question was pending at the time the question of order was raised. Koberts, p. 167. On an appeal from his decisions the presiding officer can par- ticipate in the debate without vacating the chair. It is out of order for anyone to speak on the decision of a point of order, unless an appeal has been taken from such decision. But the presiding officer may accompany his ruling, if so disposed, with a concise statement of his reasons. Mell, par. 155. Where an appeal has been decided, and by virtue of such de- cision a bill taken up and passed, it is too late to move a recon- sideration of the vote on the appeal. Barclay's Digest, p. 14. Bills. — Third reading of.— If a bill is laid on the table on its third reading it retains its place in the order of third reading of bills, and if taken from the table by motion, it comes im- mediately again before the house on its third reading. 176 Delegates' Manual If a bill has been read through on its third reading, no delay of any kind is in order; the Constitution provides that the vote in such case, on its final passage, must be taken. Const., art. 3, sec. 15. Blanks.- — Filling o/.— When propositions are introduced con- taining blanks to be filled, either with times or numbers, these must be filled before any motion is made to amend. To do this, the chair will entertain any number of propositions of time or number, and put the propositions to the house, beginning with the longest time or largest number, and continue to submit them to vote in succession, until a majority is obtained. Mell, par. 140. Call of the House.- — A call of the house may be moved be- fore the journal is read, if no quorum is present. Barclay's Digest, p. 37. No business is in order until after the journal has been read. Lt. J Gov. Jones, Senate Journal, 1889, p. 223. It is not in order for the house to take a recess during a call of the house. [Indeed, no motion, except to adjourn or with refer- ence to the call, is ever entertained during a call. J [By an adjournment pending a call, all proceedings in the call are terminated; but where the house has previously passed an order specially directing otherwise, such special direction should doubtless be executed.] Barclay's Digest, p. 38. See journal of H. B., 2, 27, p. 672. A motion for a call of the house is not in order after a bill has been read through a third time. Speaker Husted, Assembly Journal, 1890, p. 1120. For the purpose of securing the attendance of Senators, a call of the Senate may be ordered at any time, but such call shall not be in order after the voting on any question has begun, nor after the third reading of a bill has been completed, nor after the mo- tion to close debate has been ordered pursuant to Kule 33, unless it shall appear upon an actual count by the President that a quorum is not present. Senate Rules, 1909, Rule ISTo. 47. Constitutional Convention of 1915 177 For the purpose of securing the attendance of members, a call of the house may be made, but such call shall not be in order after the main question has been ordered, nor after the voting on any question has commenced, nor after the third reading of a bill has been completed. Assembly Eule, No. 35. A member absent without leave is in contempt and can be pun- ished as the house may direct. Crosweli, p. 52 ; Rule 36. When no quorum is present " a call of the house " can be or- dered and compel the attendance of absent members. After the call is ordered, a motion to adjourn, or to dispense with further proceedings in the call, cannot be entertained until a quorum is present, or until the sergeant-at-arms reports that in his opinion no quorum can be obtained on that day. Eoberts, p. 182. The uniform practice of the Legislature has recognized the right at any time, during a " call of the house," to move to ad- journ, or to suspend further proceedings under the call. Committees. — Powers and Duties of. — Unless the time and place for the meeting of a committee have been specifically ex- pressed by the body appointing it, these matters are left to the discretion of the committee, which, without such instructions, may meet at such time and place as to the majority shall seem most expedient and convenient. But a quorum of the committee must meet formally to transact any business ; the opinions of the members cannot be taken by the chairman separately, from which opinions he is to make up his report. Everything agreed upon must have been submitted in committee, and an opportunity given for free discussion. Lt-Gov. Jones, Senate Journal, 1888, p. 1021. Business is transacted in a committee with less formality than in the deliberate body from which it emanates* The members are permitted to speak as often as they please, and are not required to stand when addressing the chair. But all rules which govern motions and questions in deliberative bodies are equally applica- ble to committees. Mackey's Parliamentary Law, p. 180. 178 Delegates' Manual — Reconsideration of votes in. — A reconsideration of a vote is allowed, regardless of the time elapsed, only when every mem- ber who voted with the majority is present when the considera- tion is moved. Roberts, p. 70. Minority of a committtee has no right to make a report, but can only express its views by dissenting from the report of the majority. Speaker Fish, Assembly Journal, 1896, p. 1390 j Lt- Gov. Woodruff, Senate Journal, 1898, p. 230. Motion to discharge a committee from further consideration is in order under the order of business of " reports of committees." Speaker O'Grady, Assembly Journal, 1897, p. 959. Can also be made under order of business of " motions and resolutions." 'Cannot be made until after the committee has had an oppor- tunity to consider the matter referred to it. Speaker Cole, Assembly Journal, 1888, p. 1773. Committee op the Whole. — Same rules to be observed, as far as applicable, as in the house. Senate Rule 17. Like other committees, deriving its authority solely from the resolutions and votes of the house, is in like manner confined within the powers delegated to it, and cannot consider any other matters than those which have been regularly committed to it. Cushing, par. 1096. Cannot entertain any matter of privilege, or order any ques- tion pending therein to be taken by ayes and nays. Cushing, par. 2000. The parliamentary rule that committees shall consider no sub- jects that they are not specially ordered to consider, applies to the committee of the whole, as well as to the special, select or standing committees. Warrington, par. 154. Cannot punish disorderly conduct, but must report it to the house for its animadversion. Mell, par. 219. In case any sudden disorder occurs in, the speaker may resume the chair without form. Cushing, pars. 1984-1985. CONSTITUTIONAL CONVENTION OB 1 1915 179 After disturbance is quelled chairman resumes his seat. If dissolved for want of a quorum, the house may, as soon as a quorum is obtained, again proceed. Cushing, par. 1995. Has no power to appoint a sub-committee. Cushing, par.1919. Nor to entertain a question of priority. Cushing, par. 2009 ; Croswell, p. 65. If the enacting clause of a bill is stricken out in, it must be immediately reported. Croswell, p. 65. A motion to rise and report a bill (except to progress), is not in order until each section and the title have been considered. Like a motion to strike out enacting clause, it presents the oppor- tunity for free discussion of the bill. Croswell, p. 65. A section having been read and passed, cannot be returned to, to amend, until all the sections have been read. Amendments proposed by, may be amended or rejected by the house, and matters stricken out by the committee may be restored by the house. Mell, p. 81. No motion for previous question, or to adjourn, nor to lie on the table, nor to reconsider, can be entertained. Barclay's Digest, p. 72 ; Congres- sional Manual, 1898, p. 344. The practice now followed by the Senate is to entertain the motion to reconsider. Striking out in. — If, in committee of the whole, an amendment is adopted, and subsequently the paragraph as amended is struck out, the amendment striking out is the only one to be reported to the house, and if the latter is voted down in the house, the first amendment is not thereby revived. Barclay's Digest, p. 11. Granting leave. — Should the committee not have completed the business before it rises, the chairman will report progress and ask leave to sit again. If leave be refused, the effect is to bring up the subject immediately before the assembly. Mell, par. 223. Should the committee not have completed the consideration of a bill, and report progress thereon, and leave to sit again be 180 Delegates' Manual granted, any amendments made to the bill, during its considera- tion, fall and the bill must be considered in the same shape in which it was when its consideration began. Progress, report of, does not include any amendments made in the committee, but leaves the bill in the same form as when moved. Journal. — Expunging portions of. — Now, it has sometimes been supposed that if any business has been transacted at the previous meeting of which the minutes purport to be a record, which it is desired to rescind or repeal, the proper method will be to propose an alteration of the minutes before confirmation, by which all reference to such business will be stricken out. But this evidently is an erroneous interpretation of the law, which proceeds from a misunderstanding of the true character of the minutes. The minutes of a body are supposed to be, and ought always to be, " a just and true record of all things proper to be written." They constitute the journal of the proceedings of the meeting to which they refer, as those proceedings actually occurred. If al- tered by the expurgation of any part, they cease to be a record. It has occurred in the proceedings of the English parliament and the American congress that portions of the journal which contained the record of transactions which had become obnoxious, have been expunged by a vote taken subsequent to their confirma- tion ; and these precedents, it is supposed, would authorize a body to rescind or annul, or even to expunge from its minutes any par- ticular portion. But the question on so rescinding, annulling, or expunging must be made after the minutes have been approved. The first question, and the only question in order after the minutes have been read, is, " Shall the minutes stand approved ? " And the alterations or amendments to be suggested before this question is put, are not to change the record of what has really occurred, but to make the record just and true. The decision has been made in congress that " when a mem- ber's vote is incorrectly recorded, it is his right on the next day, while the journal is before the house for its approval, to have the Constitutional Convention of 1915 181 journal corrected accordingly. But it is not in order to change a correct record of a vote given under a misapprehension." Mackey's Parliamentary Law, pp. 228, 229, 230. The approval of the journal is the transaction of business, a proceeding which affects the regularity and validity of the pro- ceedings of the previous day. The question as to whether or not the proceedings of the house are correctly recorded is a matter under the control of the house itself. Congressional Manual, 1898, p. 420. Nothing is in order until after the journal has been read. Lt.-Gov. Jones, Senate Joiirnal, 1889', p, 223. Motions. — Adjourned to a day certain is debatable and amend- able by naming another day. Croswell, p. 48; Cushing's Law and P., par. 1523. Commit, not amendable. Speaker Husted, Assembly Journal, 1890, p. 762. Postpone indefinitely, not amendable. Cros. 40. Postpone indefinitely is already in its simplest form and is not amendable. Cushing, par. 1523. When one of the privileged motions is made, none of those which Stand behind can be made. Cushing, par. 1525. Indefinite postponement suppresses the subject during the ses- sion. Cushing, par. 1386 ; Eoberts, E. 0., 160, 59. Strike out and insert shall be indivisible. Eeed's Eules, p. 101. A motion to lay on the table being decided in the affirmative, the principal motion, together with all the other motions, sub- sidiary and incidental, connected with it, is removed from the as- sembly until it is again taken up. Cushing, pars. 1449-1524; Mell, p. 37. When taken from the table it revives and stands in the exact form and with all the appendages pertaining to it at the time the motion to lie on the table prevailed. Mell, p. 37. 182 Delegates' Manual A motion to lay on the table, if carried, carries with it the sub- ject-matter before the house, but a motion to table an appeal from the decision of the chair upon a point of order carries only the appeal. Speaker Malby, Assembly Journal, 1894, p. 2678. A maker of a motion, though he can vote against it, cannot speak against his own motion. Roberts, p. 84. Motion is not in possession of the house until it has been stated by the presiding officer. Lt.-Gov. Woodruff, Senate Journal, 1898, p. 1357. Motion can be changed or modified by its introducer at any time before the house has taken such action upon it as places it within the control of the house and beyond the control of the introducer. Congressional Manual, 1898, p. 451. Summary of Motions: A motion to adjourn is not debatable. A motion to fix the time to which to adjourn is not debatable if made when another question is before the assembly, and takes precedence of the motion to adjourn. An amendment to an amendment cannot be amended. The rules cannot be amended only on one day's notice being given, except by report of committee on rules, which is adopted by a majority vote. An appeal relating to indecorum is not debatable, cannot be amended and is in order when another has the floor. An appeal in all other eases cannot be amended and is in order when another has the floor. A call to order is not debatable, cannot be amended and is in order when another has the floor. A motion to extend the limits of debate is not debatable. Leave to continue speaking after indecorum is not debatable and cannot be amended. A motion to lie on the table is not debatable and cannot be amended. A motion to postpone to a certain time admits of but limited debate, only on postponement. A motion to postpone indefinitely opens the main question, but cannot be amended. Constitutional Convention of 1915 183 A motion for the previous question is not debatable and cannot be amended. A resolution relating to priority of business is not debatable. A motion to reconsider a debatable question opens the main question, cannot be amended nor reconsidered. A motion to reconsider an undebatable question is not debatable, cannot be amended nor reconsidered. A motion to rise in committee of the whole is not debatable and cannot be amended nor reconsidered. A motion to make, postpone or rescind a special order requires a two-thirds vote. A motion to suspend the rules requires a majority vote, and is not debatable nor amendable, cannot be laid on the table nor post- poned indefinitely, nor can the motion to suspend be reconsidered. A motion to suspend the rules after notice has been given re- quires a majority vote of all the senators elected. Lt.-Gov. Saxton, Senate Journal, 1896, p. 551. A motion to take from the table is neither debatable nor amend- able. A motion to take up a question out of its proper order requires a two-thirds vote. A motion to suspend the rules can be made either under the order of business in which the matter proposed to be advanced stands, or under the head of motions and resolutions. Speaker Cole, Legislative Eecord, 1888, p. 500. Motion to suspend order of business can only be made under the order of motions and resolutions. Lt.-Gov. Woodruff, Senate Journal, 1897, p. 1325. Motion to recall a bill from the Governor is not debatable. Speaker Cole, Assembly Journal, 1889, p. 1552. Motion to recall a bill from the Governor, being a privileged motion, can only be made by the member who introduced the bill, except under the head of motions and resolutions. Speaker Bush, Assembly Journal, 1892, p. 682. Notice op Motion. — A notice of motion can be given under tke order of motions and resolutions, or under the order of business in which the matter affected by the resolution stands. 184 Delegates' Manual Oedee in Debate. — It is a breach of order to speak imperti- nently or beside the question superfluously or tediously. To re- flect on any determination or proceeding of the house, unless with a view to or in support of a motion to rescind. To allude to a member by name or to indulge in personalities by arraigning a member's motives in his official course, or to allude to what has been said in the other house, or to the particular votes or majorities given on any measure there, or to speak disrespectfully of the other branch. Oroswell, p. 34. Oedee. — Questions of. — Questions of order may be of two kinds : First, those that relate to general principles ; and, second, those that have a personal bearing. As an example of the first may be given, the question raised whether, on the motion to in- definitely postpone, it will be in order to discuss the merits of the main proposition ; as an example of the second, the case when one raises the point as to whether the remarks of a member are not irrelevant and violative of order. In the first case, debate on the point of order is admissible ; in the second, it is out of order. It is worthy of special note that all questions of order of a personal character, whether on an appeal from the decision of the chair or not, are to be decided without debate. Mell, par. 154. The presiding officer may speak on points of order in preference to other members, and he decides all questions of order subject to appeal, and no other business is in order till the question on the appeal has been decided. Warrington, p. 5. When a question of order arises in the course of any other pro- ceeding it supersedes the further consideration of the subject out of which it arises until that question is disposed of. Gushing, par. 1459. It is irregular to raise one point of order on another, so that there may be two questions of order pending at once. Cushing, par. 1463. Oedee of Business. — When gone through with can only be re- sumed by unanimous consent. Lt.-Gov. Saxton, Senate Journal, 1896, p. 386. Constitutional Convention op 1915 185 Motion to suspend can only be made in order of motions and' resolutions. Lt.-Gov. Woodruff, Senate Journal, 1897, p. 1325. Postponement. — To a time definite.- — On a motion to post- pone to a time definite, it is not in order to speak to the merits of the question thus proposed to be postponed. It will not be out of order, though, to speak strictly to the proposition to postpone, and to show why one time is preferred to another. The chair should hold speakers rigidly to these points. In congress, all debate is interdicted. Mell, par. 93. This motion is sometimes abusively made by designating a day known to be beyond the session. It becomes then a motion to sup- press, and should be treated by the chair as though it had been a motion for indefinite postponement. Mell, par. 94. Indefinite. — The motion for indefinite postponement lays open the whole question for discussion, on the principle that whatever motion proposes to make a final disposition of a question brings up for discussion all its merits. 1ST or is even the previous question an exception to this. That, if sustained, does not make a final disposition of the pending proposition ; for it compels a direct vote subsequently for or against the main question. To lie on the table, and to postpone to a time definite, are not debatable, be- cause they only temporarily defer measures. Debate, therefore, may be withheld until they come again before the assembly in order. Mell, par. 110. The motion to indefinitely postpone cannot be amended. It has been held by some writers in parliamentary law that it can be amended by striking out the word " indefinitely," and inserting a definite day ; but this is, by amendment, to transform one form of a question into another, which is clearly inadmissible. "A motion to suppress " cannot be, by amendment, transformed into " a motion to defer." Mell, par. 111. When a motion to indefinitely postpone prevails, the proposition so postponed cannot be renewed during the session. Mell, par. 112. Previous Question. — When a bill, having been engrossed and read a third time, is before the house for consideration, the main question is on its passage. Const., art. 3, sec. 15. 186 Delegates' Manual The motion for the previous question may be made to suppress any other original motion, but it cannot be put upon an amendment or any of the merely subsidiary motions, as to commit or postpone. Cushing, pars. 1414-1415. When ordered, the main question must be put immediately without debate, amendment or delay. Cushing, par. 1418. Again, " must be put without any further debate, alteration or delay." Cushing, par. 1424. A motion to adjourn is not in order when the main question is ordered. Croswell, p. 48. A motion may be withdrawn after the previous question is ordered, provided it has not been amended, or provided that no amendment has been moved to it, so as to take it out of the control of the mover. Warrington, p. 36. Motions to commit or postpone are cut off when the previous question is ordered. Warrington, p. 57. Privilege. — Question of. — Which supersede all others for the time being, except that of adjournment, are those which concern the rights and privileges of the assembly, or of its individual mem- bers, as for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members, or where a quarrel arises between two members, and in these cases requiring immediate action, it can interrupt a member's speech. Cushing, p. 81 ; Roberts, p. 34. Any matter of privilege, affecting the assembly itself, or any of its members, of which the assembly ought to have instant in- formation. In such cases a member interrupted when speaking is obliged to yield the floor. Cushing, par. 1499. A question of privilege is always in order. Whenever a member rises and says : " I rise to a question of privilege," the question must first be stated. The presiding officer will decide whether it is or is not such a question. If he decides that it is, then the con- sideration of any other business whatsoever, that may at that time Constitutional Convention of 1915 187 be before the body must be suspended until the question of privilege is disposed of. And this disposition of the question may be either by entertaining it at once, and deciding it on its merits, or by any other of the modes of disposition to which any other question is subject. It may be ordered to lie on the table, be postponed definitely or indefinitely, or be committed for in- vestigation and report to a committee. In the last case the character of a question of privilege adheres to the report, the presentation of which will always be in order, and will take precedence of all other business. But it does not follow that the immediate consideration of, and final action on the report must be had, for the report, like the question to which it refers, is subject to the operation of any of the subsidiary motions, and may, like any other report, be laid on the table, postponed or recommitted. Questions of privilege, it must be remembered, are entitled to presentation at any time, for in this consists their privilege; but that privilege does not extend to their consideration. Having been once presented they become, as to the time and manner of their consideration, subject to the rules which affect all other questions. Mackey's Parliamentary Law, p. 137. When questions of privilege arise that are admissible to be entertained during the discussion of a question, they supersede the question pending at the time, together with all subsidiary or inci- dental ones, and must be first disposed of. Gushing, pars. 1500, 1501. — Personal explanation not a. — A personal explanation is not a matter of privilege. It can be made only by leave of the assem- bly implied or expressed. Eoberts, p. 168. — Previous question applies to. — The previous question ap- plies to a question of privilege equally with any other question. Barclay's Digest, p. 173. Privileged questions. — In the Senate are as follows, and have precedence in the order stated, viz. : 1. For an adjournment. 2. For a call of the Senate. 3. To lay on the table. 4. To postpone indefinitely. 5. To postpone to a certain day. 6. To commit to a standing committee. 7. To commit to a special committee. 188 Delegates' Manual 8. To commit to the committee of the whole. 9. To amend. In the Assembly, these motions are: 1. To adjourn. 2. A call of the house. 3. For the previous question. 4. To lay on the table. 5. To postpone to a day certain. 6. To commit. 7. To amend. 8. To postpone indefinitely. See also Senate Rule 1, page 301. Progress. — A motion that the committee of the whole arise and report progress upon a bill is in order at any time, and shall be decided without debate. A report of progress on a bill does not include any amendments made in the committee, but leaves the bill in the same form as when moved. Question - . — When divisible. — Jefferson says: "A question to be divisible must comprehend points so distinct and entire, that one of them being taken away the other may stand." Warrington, p. 49. If a motion be made to insert or strike out a section, then a motion to amend it; the motion to amend must be first put. Warrington, p. 26. Division of. — A division of the question is not in order on a motion to commit with instructions, or on the different branches of instructions. A motion to strike out and insert is not divisible. Reed's Rules, p. 101. Quorum. — Wo subject of parliamentary law has attracted such wide attention in recent years as that of quorum, and the various rulings thereon. Section 10' of article 3 of the Constitution of the State of New York provides that a majority of each house shall constitute a quorum to do business, and section 20 of the same article provides that all bills appropriating the public moneys or property for local or private purposes shall receive the assent of two-thirds of all the members elected, and section 25 of the same article further provides that 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, Constitutional Convention of 1915 189 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. It was under the provisions of section 25 that Lieutenant- Governor Hill held (Senate Journal, 1883, p. 360) that the con- stitutional requirements therein set forth were entirely satisfied by the presence of members even if they did not vote, and accord- ingly he directed the Clerk of the Senate to put down the names of certain Senators as present and not voting, and in so ruling the Chair stated " The parliamentary question presented is whether this bill has been duly passed. It has received the votes of a majority of all the Senators elected to the Senate. It has received all the affirmative votes which the Constitution requires to pass such a bill. The section does not provide that three-fifths of all the Senators elected shall vote for the bill or that such a number shall vote at all upon the bill, but simply that such a number shall be present in order to constitute a quorum. The presence or ab- sence of Senators is a physical fact known to the President and Clerk. It requires only the exercise of their senses to determine the question. If a Senator is in fact present, his refusal to vote, which is a violation of his duty, does not make him absent in a parliamentary sense. He can be counted by the President and Clerk as one of three-fifths necessary to constitute a quorum. The President of the Senate is required to certify as to the passage of all bills, and to certify the fact whether they are passed by the required number and with a constitutional quorum present. He may obtain that information as to the number of Senators who are present either from his own observation or from the tally list if that shows it, or from the journal. He is bound to know and certify whether there was present the requisite quorum, and as his certificate is the evidence of such fact, the question presented is peculiarly in his own province." The substance of this ruling was made by Mr. Speaker Eeed in the Fifty-first Congress, and was later declared constitutional by the United States Supreme Court in the case of the United States v. Ballin, 114 IT. S. Sup. Ct. Rep. 1. These rulings and decisions were followed by Lieutenant-Governors Jones, Sheehan and Sax- 190 Delegates' Manual ton, and are now accepted without question. Senate Eule 34 of the Rules of 1902, expressly provides this method of ascertaining a quorum. A quorum is presumed to be present, if no member raises the question. The method of securing a quorum is fully set forth under the heading " Call of the House." Recess. — When not in order. — Pending a motion to suspend the rules, so as to take an immediate vote on a proposition, a motion for a recess is not in order. Barclay's Digest, p. 207. Pending a call of the house a motion for a recess is not in order. Reconsideeation. — The right to move a. — Where a vote is not taken by ayes and nays, and consequently no record made of each member's vote, it is the well-settled practice to permit any member to move a reconsideration. — When im, order. — It is in order at any time, even when a member is on the floor, or the highest privileged question is pend- ing, on the same or succeeding day, to move a reconsideration, and have it entered, but it cannot be taken up and considered while another question is before the house. — If papers are out of the house. — A motion to reconsider, if made in time, may be entertained, notwithstanding the papers' connected with the original proposition have gone out of the possession of the house. It is not in order to move a reconsideration of a vote sustaining a decision of the chair, after subsequent action has resulted from such decision which it is impossible for the house to reverse. Where a motion to reconsider has been once put and decided, it is not in order to repeat the motion. A motion to reconsider a vote laying a motion to reconsider on the table, is not in order. Barclay's Digest, p. 198; Roberts, p. 62. Motion to reconsider can be made by any member regardless of how he voted upon the question sought to be reconsidered. Speaker O'Grrady, Assembly Journal, 1897, p. 2789. CONSTITUTIONAL CONVENTION OF 1915 191 — ' Cannot reconsider: A motion to lay on the table. A motion to take from the table. A motion to adjourn. Warrington, p. 45 ; Senate and Assembly Rules, 1898. A motion to suspend the rules for a particular purpose, when lost, cannot be reconsidered. Gushing, p. 487. Held that such motion could be reconsidered. Lt.-Gov. Saxton, Senate Journal, 1896, p. 551; Lt.-Gov. Woodruff, Senate Journal, 1902. A motion for the previous question. Assembly Eules, 1898, Rule ISTo. 34. A motion to reconsider is not amendable. Previous question may be moved to suppress any other original motion, but not on an amendment, on any other merely subsidiary motion, as to commit or postpone. Cushing, p. 556. When the previous question is moved on the motion to recon- sider the previous question applies only to that. Warrington, p. 36. Report. — Minority. — It sometimes happens that one or more members of a committee will dissent from the views of the ma- jority, and that they will naturally desire to express their antag- onistic opinions in a written paper. This paper is usually called a " minority report." But the term is an inaccurate one, since the decision of parliamentary law is, that the minority of a com- mittee cannot make a report, a minority not being a committee. Such reports are not known in the British parliament, but in congress, by a courtesy of the house, they are on motion received with the report of the majority and are printed, postponed, or considered in the same manner. Their effect seems to be to serve as a basis for amendments to be moved in the resolutions proposed by the majority. It has been usual, although not strictly par- liamentary, in popular assemblies, when there are two reports, to move that the report of the minority be adopted. Such a motion is only admissible on the ground that it is to be viewed as a 192 Delegates' Manual motion for a substitute, by way of amendment to the report of the majority. If such a motion is adopted, its effect is the change of the character of the majority report, and the adoption of the report as so amended. But at this stage a motion might be made to lie on the table, to commit, or to postpone. In a word, the report of a minority can only be treated as any other amend- ment to that of the majority. Mackey's Parliamentary Law, pp. 190 and 191. Minority of a committee has no right to make a report, but can only express its views by dissenting from the report of the majority. Speaker Fish, Assembly Journal, 1896, p. 1390. The common practice is to permit the minority to submit their views in writing, which are usually considered with the majority report. When such views are accompanied by a resolution or bill, such resolution or bill is not thereby brought before the house for its action, but must be submitted by some member. Congressional Manual, 1838, p. 337; So held by Lt.- Gov. Woodruff, Senate Journal, 1898, p. 240. One more observation is necessary. The report of the minority does not, I think, so adhere, in parliamentary phrase, to that of the majority, that a vote to lay the former on the table would carry the latter with it. It is one of the exceptions to the general rule, that whatever adheres to the subject of a motion goes to the table with it. Mackey's Parliamentary Law, pp. 190 and 191 ; Speaker Fish, Assembly Journal, 1896, p. 1390; Lt.-Gov. Woodruff, Senate Journal, 1898, p. 230. Pules.' — To suspend. — If a motion to suspend the rules for a particular purpose is decided in the negative, there can be no reconsideration of the vote, nor is any second motion to suspend the rules for the same purpose in order on the same day unless the motion is varied in its terms, or is for a different time, or unless some intervening business takes place ; but a second suspension for the same purpose is in order on a different day, and a vote to suspend the rules may be reconsidered. Gushing, p. 1487. Constitutional Convention of 1915 193 The practice in the Senate is in contradiction of the foregoing. See Senate Journal, 1896, p. 551. A motion to suspend the rules is not debatable. Mell, par. 163. A motion to suspend the rule can he made either under the order of business in which the matter proposed to be advanced stands, or under the head of motions and resolutions. Speaker Cole, Legislative Kecord, 1888, p. 500. Special Obders. — To make a special order requires a two- thirds vote. The same to postpone and rescind. Roberts, p. 97. When there are two special orders for the same day, the first must be disposed of before the second is taken up. Warrington, p. 72. Special Sessions. — When the house is in special session for a special purpose no other business is in order, even by unanimous consent. ; This principle is recognized in the Constitution, article 4, sec- tion 4, which reads: At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. Table. — Negative and affirmative vote to lie on the. — A negative vote on a motion to lie on the table may be reconsidered. If a motion to reconsider be laid on the table, the latter vote 1 cannot be reconsidered. Barclay's Digest, p. 134. Votes. — Change of. — In a legislative body no member is allowed, under any circumstance, to vote or change his vote after the result is announced by the chair. Under such circumstances, a member, if he desires to have his opinion known, may, if allowed, have a statement put upon the journal as to the way he would have voted. Warrington, p. 25. — Tie. — When there is a tie vote the motion fails unless the chair gives his vote in the affirmative. Where his vote will make a tie, he can cast it, and thus defeat the measure. Roberts, p. 94. 7 194 Delegates' Manual Explanation of Table This table is intended to answer the question in the vertical column during the pendency of the motion in the horizontal column, e. g. : Amend. Amend (can you amend an amendment) ? Yes. Adjourn. Amend (can you amend a motion to adjourn) ? No, etc. The x means yes ; the o, no. The figures refer to the foot notes. i 1 O O 4> •i ■8 n 4 .SI 3 o'a o 5 ■!•! o Ph n> N H 1 1 o 1 X X X X X X *0 'X X i i X X 'I «x X X Apjouin Adjourn, to fix time to which Amend Appeal Call of the House Commit to Committee of the Whole Commit to a Select Committee Commit to a Standing Committee . . , Division of question Lay on table Postpone to a day certain Postpone indefinitely Previous question Recess Rules, suspension, of MODIFICATIONS 1 But a motion to lay an appeal on the table will cut off debate, and if carried will sustain the chair' 1 Does not open the main question to discussion. 1 Opens main question to discussion, because decision in the affirmative is a final negative to the whole proposition. * A negative vote to lay on the table may be reconsidered. INDEX TO THE CONSTITUTION OF THE STATE OF NEW YORK A Art. Academies — support of 9 Actions ob Suits — by or against corporations 8 not to be affected 1 rights of action to recover damages 1 Adjournment — consent of both houses requisite for 3 Adjutant-General — appointment and term of -office of . . . . 11 Agricultural Land — certain leases or grants to be void . . 1 drainage of 1 Alienation of Lands — restraints upon, to be void 1 Amendments — to bills, may be made in either house 3 to bills upon last reading prohibited 3 constitution, when to go into effect 15 iSfee also Constitution. Appeals, Court op, see Court of Appeals 6 Apportionment — assembly districts 3 senate districts 3 alteration of 3 Appropriation — bills, how to be passed 3 bills, provisions or enactments in, limited 3 bills appropriating public moneys or property 3' claims against state, payments for 3 payments, to be made within two years 3 sum of, to be specified distinctly in act 3 Assembly — adjournment of, consent requisite for 3 bills, majority of members necessary to pass 3 districts, formation and reorganization of 3 impeachment, to have power of 6 journal, to keep and publish 3 judge of elections, qualifications, etc., of members 3 members of, acceptance of offices by, to vacate seat .... 3 apportionment of 3 chosen by single districts 3 civil appointments, not to receive 3 compensation of 3 election of, assembly to judge of 3 when to be held 3 ineligibility of certain persons for 3 [195] Sec. Page. 1 57 3 51 17 16 18 17 11 24 4 60 13 16 7 14 14 1.6 13 24 15 25 1 66 7 39 5 21 3 20 4 20 25 27 22 27 20 26 19 26 21 27 21 27 11 2-1 15 25 5 21 13 42 11 24 10 24 8 24 5 21 5 21 7 23 6 23 10 24 9 24 8 24 196 Index to the Constitution Art. Sec. Page. Assembly — Continued : members of — continued : number of 3 qualifications of, assembly to judge of 3 speech or debate, not to be questioned for 3 state civil appointments, not to receive - 3 officers of, to choose 3 open doors, to. sit with, except, etc 3 quorum of, majority to constitute 3 rules of proceedings, to determine 3 See also Legislature; Speaker of Assembly. Attorney-General — commissioner of canal fund 5 commissioner of land office 5 compensation of 5 election and term of office of 5 fees, perquisites, etc., not to receive 5 member of canal board 5 powers and duties of 5 Attorney, District, see District Attorney 10 Ayes and Noes — appropriation bills, on 3 bills, final passage of, on 3 creating debt, on certain 7 returned by the governor with objections on 4 constitution, on amendment to 14 journal, to be entered on 3 judicial officers, on removal of ; 6 B Bail — excessive, not to be required 1 Ballot — elections to be by, except, etc 2 Banking — bill holders preferred in case of insolvency 8 special charter for, not to be granted 8 specie payment, suspension of, not to be sanctioned 8 stockholders, liability of '.-. 8 See also Savings Banks. Bank Notes or Bills — first paid in cases of insolvency ... 8 registered, and security given 8 Betting on Elections — persons to be excluded from voting for 2 Bills — amendment of 3 amendment upon last reading prohibited 3 appropriation and tax, three-fifths quorum for 3 appropriation, governor may object to items in 4 appropriation, riders on, prohibited 3 creating debt, restricted 7 enacting clause of 3 final passage of, assent of majority necessary 3 final passage of, question on 3 2 20 10 24 12 24 7 23 10 24 11 24 10 24 10 24 5 34 5 34 1 32 2 32 1 32 5 34 6 34 1 57 25 27 15 25 4 47 9 31 1 64 15 25 11 41 5 14 5 19 8 52 4 52 5 52 7 52 8 52 6 52 2 18 13 24 15 25 25 27 9 31 22 27 2 46 14 24 15 25 15 25 Index to the Constitution 197 Art. Sec. Page. Bills — Continued : imposing tax, manner of passing 3 laws to be passed by 3 printed and upon desks of members 3 private and local, title of 3 private and local, not to be passed 3 reported by commissioners to revise statutes, sections not to apply to 3 returned from governor, with objections 4 three-fifths bills 3 time for signing of, after adjournment, limitation of . . 4 two-thirds bills 3 Book-Making — prohibited . , 1 Borrowing Money — assent of people required for 7 deficits, etc., not exceeding $1,000,000 for 7 insurrection, to suppress 7 invasion, to repel 7 towns, counties, cities and villages, restricted in 8 towns, counties, cities and villages, restricted in 12 war, for defense of state in 7 Bribery — attempt at 13 charges of, expenses incurred in investigating 13 elections, bribery at, prohibited 2 person accused of; may be witness in own behalf 13 person attending, not privileged from testifying 13 persons guilty of, excluded from right of suffrage 2 See also Officers. Bridges — building of, providing for 3 Brooklyn City Court — abolition of 6 judges, for remainder of term supreme court judges. ... 6 jurisdiction of, vested in supreme court 6 records of, transferred 6 Buffalo, Superior Court of City of — abolition of 6 judges, for remainder of term supreme court judges. . . 6 jurisdiction of, vested in supreme court 6 records of, transferred 6 C Canal Board — contract, may cancel 7 members of 5 powers and duties 5 Canal Commissioners — duties of, transferred to superin- tendent of public works 5 3 32 Canal Fund Commissioners, see Commissioners of the Canal Fund. Canals — boats navigating, etc., subject to laws regulat- ing 7 9 50 certain, not to be sold, leased or disposed of 7 8 49 24 27 15 25 15 25 16 25 18 25 23 27 9 31 25 27 9 31 20 26 9 15 4 47 2 46 3 46 3 46 10 53 1 60 3 46 3 63 6 64 2 18 4 63 3 63 2 18 18 26 5 38 5 38 5 38 5 38 38 5 38 5 38 5 38 9 50 5 34 6 34 198 Index to the Constitution Art. Sec. Page. Canals — Continued: contractors, extra compensation not to be made to 7 contracts for work and materials on 7 funds from leases or sale of, how applied 7 Hamburg street canal, sale or lease of 7 improvement of 7 superintendence and repairs of, annual tax for 7 tolls not to be imposed on 7 Bee also Superintendent of Public Works. Charitable Institutions — maintenance. of * . 8 Charities, State Board or — inspection; of institutions by. . 8 legislature to provide for 8 members of, appointment and removal of, powers of addi- tional members -. .■ 8 terms of present :'.".' 8 Circuit Courts — abolished 6 Citxes — ■ classification of 12 creation of, by special act » 8 debts, not to contract, except for city purposes 8 elections in 12 excess condemnation of land by 1 money or credit of, not to loan 8 officers of, to be elected or appointed 10 organization of, legislature to provide for 12 powers of, legislature to restrict 12 special laws affecting, passage of 12 stocks or bonds, not to become owners of 8 Citizens — - crimes, not to answer for, except on indictments, etc 1 not to be disfranchised, unless by law 1 not to be put twice in jeopardy for same offense 1 voters must be 2 City Courts, see Courts. Civil Service — appointments and promotions in 5 preference to soldiers and sailors in 5 Claims against State — barred by lapse of time, not to be allowed 7 Clerk and Register op Nriw York Citt — election of 10 election of, time of, to be prescribed by law 10 removal of, by governor 10 term of office of 10 vacancy in office of, how filled. 10 Clerk of Court of Appeals — appointment of 6 compensation, how paid 6 office of, to be kept at seat of government 6 Clerk of Supreme Court — county clerks to be 6 Clerks of Counties, see County Clerks. Colonial Acts — the law of this state 1 16 16 9 50 9 50 8 49 8 49 10 50 9 50 9 50 14 56 13 56 11 55 11 55 15 56 6 39 2 61 1 51 10 53 3 62 7 14 10 53 2 58 1 60 1 60 2 61 10 53 6 14 1 13 6 14 1 13 9 35 9 35 6 48 1 57 4 58 1 57 1 57 5 58 7 39 19 43 19 45 19 45 Index to the Constitution Art. Commissary-General — appointment and tenure of office. . . 1] Commission in Lunancy, see State Commission in Lunacy. Commission of Pbisons, see State Commission of Prisons. Commissioners, Canal, see Canal Commissioners. Commissioners of the Canal Fund — powers and duties. . . 5 state officers composing 5 Commissioners of the Land Office — powers and duties ... 5 state officers composing 5 Common Law — part of the law of this state 1 Common School Fund — ■ capital, inviolate 9 income, how applied 9 Compensation — of county judges 6 governor 4 judges of court of appeals 6 justices of supreme court 6 lieutenant-governor 4 members of the legislature 3 state officers composing 5 workmen, injury to or death of 1 Comptroller — canal board, member of 5 canal fund, commissioner of 5 clerks of prisons, to appoint 5 compensation 5 election of 5 fees or perquisites of office, not to receive 5 land office, commissioner of 5 term of office of 5 Condemnation — excess 1 Congress — members of, ineligible to legislature 3 Conscience — liberty of, not to excuse acts of licentiousness. 1 military duty, exempting certain persons from 1 11 Constitution — amendments to, approval of, by electors. ... 14 amendments, certain, superseded 14 amendments, vote of the people upon 14 how proposed 14 amendments, majority of each house of next legislature to agree to 14 majority of each house necessary to propose 14 publication of 14 when to take effect 14 convention to revise, election of delegates to 14 question of holding, when to be submitted 14 majority of electors voting, necessary for 14 when to take effect 15 Contract Labor — in prisons, etc., prohibited 3 Contractors — extra compensation to, prohibited 7 extra compensation to, prohibited 3 granting privileges to 3 199 Sec. Page. 4 60 6 34 5 34 6 34 5 34 16 16 3 57 3 57 12 41 4 29 12 41 12 41 8 31 6 23 5 34 19 17 5 34 5 34 4 33 32 32 32 34 32 14 24 13 59 64 66 64 64 64 64 64 64 2 65 2 65 2 65 1 66 29 28 9 50 28 28 18 26 200 Index to the Constitution' Art. Sec. Page. Convention to Revise Constitution — election of delegates to 14 majority of electors voting, necessary for 14 powers and duties of 14 questions of holding, when to be submitted. 14 Convicts — occupation and employment of 3 Coeporate Bights ok Chabtebs — not affected 1 Cokpobations — banking, not to be created by special act. . 8 denned, to sue and be sued in all courts, etc 8 dues from, how secured 8 exclusive privileges, etc., not to be granted to 3 free passes, etc., by, prohibited 13 general laws, may be formed under 8 relating to, may be altered 8 municipal, restrictions on 12 municipal, restrictions on . . '. .' 8 special acts, not created under, except 8 relating to, may be altered 8 when may be formed under 8 See also Banking. Count* — debts, except for county purposes, prohibited. ... 8 debts for improvement of highways, sinking fund for. . 7 local legislation, extending powers of supervisors in ... . 3 member of assembly, each county, except Hamilton, en- titled to 3 money or credit of, not to loan 8 number of county judges 6 officers, election or appointment of 10 seats, change of 3 senate districts, not to be divided in forming 3 sheriff of, county not liable for acts of 10 stock or bonds, not to own 8 County Clerks — election of 10 powers and duties of 6 removal of, by governor, after hearing 10 supreme court, to be clerks of 6 term of office of 10 time of election of, to be prescribed by law 10 vacancies, how filled 10 County Courts — powers and jurisdiction of 6 County Judge — age, restriction as to 6 attorney, not to practice as 6 compensation of, not to be increased or diminished 6 county court, may hold in other county 6 election and term of office of 6 eligibility to office of 6 incumbent in 1894, term of office of 6 number in each county 6 referee, not to act as B 2 65 2 65 2 65 2 65 29 28 17 16 4 52 3 51 2 51 18 25 5 64 1 51 1 51 1 60 10 53 1 51 1 51 1 51 10 53 12 51 27 28 5 21 10 53 14 43 2 58 18 25 4 20 1 57 10 53 1 57 19 45 1 57 19 45 , 1 57 4 58 5 58 14 , 43 12 41 20 45 15 44 14 43 14 43 20 45 14 43 14 43 20 45 Index to the Constitution 201 Art. Sec. Page. County Judge — Continued: salary of 6 special judge, election of, may be provided for 6 vacancies in office of 6 Court of Appeals — attendants, court may appoint, etc . . . li chief judge and his associate judges, composed of 6 clerk, court to appoint 6 decisions by, concurrence of four judges necessary to. . . 6 judges of, age of, restrictions as to 6 attorney, not to practice as 6 chosen by electors of state 6 compensation of 6 continued after terms 6 compensation not to be increased or diminished dur- ing term C justices of supreme court, designation of, as ti office of public trust, not to hold other S referee, not to act as 6 removal of 6 review of decisions made by, not to sit on 6 term of office of 6 vacancies in office of, how filled 6 jurisdiction of 6 powers and jurisdiction of, not to be suspended, etc .... 6 quorum in 6 reporter of 6 Court, Supreme, see Supreme Court. Courts, Circuit — abolished C Courts, County — powers and jurisdiction of 6 Courts, Inferior Local — establishment of 6 jurisdiction of 6 Courts of Oyer and Terminer — abolished 6 Courts of Sessions — abolished 6 Courts of Special Sessions — jurisdiction of 6 Credit or Money of State — not to be loaned 7 not to be loaned S not to be used in aid of certain institutions 9 Crime — persons not to be held to answer for, unless in- dicted, etc 1 Criminal Cases— party not to be witness against himself in 1 D Death of Employees — compensation for 1 Debate, Legislature — freedom of, secured 3 Debt — approval of, by people, before contracting 7 counties, towns, cities and villages restricted in incur- ring 8 10 53 16 44 15 44 7 39 7 39 7 39 7 39 12 41 20 45 7 39 12 41 12 41 12 41 7 39 10 41 20 45 11 41 3 38 7 39 8 40 9 40 8 40 7 39 7 39 6 39 14 43 18 45 18 45 6 39 14 43 23 46 1 46 9 52 4 57 6 14 6 14 9 17 2 24 4 47 202 Index to the Constitution Art. Sec. Page. Debt — ■ Continued : deficits or failures in revenues, may be contracted for. 7 improvement of highways 7 invasion, etc., debts to repel, may be contracted. 7 law for contracting, passage of, and question on 7 law for contracting, repeal of 7 submission of, to people 7 when not to be voted on, at general election 7 legislative power in creation of . t 7 moneys arising from loans creating, how used 7 moneys arising from loans creating, how used 7 municipal corporations, to be restricted in contracting. . 12 not to be contracted, unless authorized by law, etc 7 payment of, manner of 7 payment of, must be provided for, before contracting. . 7 power to contract, limited 7 tax for, not repealable 7 Debts — limitation of 8 obligation of, not to be impaired 1 Decisions, Judicial — publication of 6 District Attorneys — election and term of office of 10 election of, time of 10 removal of, by governor, after hearing defense 10 removal of, for not prosecuting certain offenses 13 Districts ■ — assembly, alteration of 3 judicial 6 senate 3 alteration of 3 Divorce — granted only by judicial proceedings 1 Duration of Office — when not fixed by law 10 E Education, see Schools. Elections — ballot, or other method, to be by 2 betting on, persons excluded from voting 2 bi-partisan election board 2 bribery at, prohibited 2 cities, elections in, when held 12 conducting of, etc., local bills not to be passed for 3 county officers 10 governor and lieutenant-governor 4 judges of court of appeals 6 justices of supreme court S legislature, members of 3 registration of voters 2 secretary of state and other state officers 5 supervisors, boards of 3 2 46 12 51 3 46 4 47 4 47 4 47 4 47 4 47 2 46 3 46 1 60 4 47 11 50 4 47 2 46 4 47 10 53 17 16 21 46 1 57 4 58 1 57 6 64 5 21 1 35 3 20 4 20 9 15 3 58 5 19 2 18 6 19 2 18 3 62 18 25 1 57 3 29 7 39 4 38 9 24 41 19 1 32 18 25 Sec. Page. 2 18 2 18 2 18 1 18 4 19 3 19 19 17 4 20 8 49 10 15 7 14 1 28 Index to the Constitution 203 Art. Electors — betting on election, excluded from right to vote 2 convicted of infamous crimes, excluded from right to vote 2 offering or receiving bribes, excluded from right to vote 2 qualifications of 2 registration of 2 residence of, what constitutes ' 2 Employees — injury to or death of 1 Engineer, see State Engineer and Surveyor. Enumeration op Inhabitants — when taken 3 Erie Canal — sale or lease of, etc., prohibited 7 Escheats — when lands escheat to the people 1 Excess Condemnation — of land by cities 1 Executive Power — vested in the governor 4 F Fees — judicial officers, except justices of the peace, re- stricted from receiving 6 public officers, local bills creating, etc., not to be passed 3 state officers, certain, not to receive to own use 5 Feudal Tenures — abolished 1 Fines — certain, and quarter sales, to be void 1 excessive, not to be imposed 1 Forest Preserve — lands constituting, to be kept 7 state controlled reservoirs 7 Freedom of Debate — in legislature 3 speech and press 1 religion 1 Fund — moneys to be paid from, only by appropriation .... 3 Bee also Common School Fund; Literature Fund; Sinking Fund; United States Deposit Fund. G Gambling — prohibited 1 Gauging — office for, abolished 5 Governor — bills, appropriations, certain items in, may object to 4 approval of 4 bills approval of, within thirty days after adjournment. 4 disapproval by, to be returned with objections 4 chiefs of staff departments, appointment of 11 commander-in-chief of militia, etc 4 when out of state at head of military force 4 county officers, removal of, by 10 district attorney^ removal of, by. . . .'. 13 election of 4 executive power vested in 4 20 45 18 25 1 32 11 15 14 16 5 14 7 49 7 49 12 24 8 15 3 13 21 27 9 15 8 34 9 31 9 31 9 31 9 31 4 60 4 29 6 30 1 57 6 64 3 29 1 28 204 Index to the Constitution Art. Sec. Page. Governob — Continued : executive residence furnished, to be provided for 4 judges of court of appeals, may appoint, to fill vacancy 6 justices of appellate division of supreme court, to designate 6 justices of supreme court, may appoint, to fill vacancy. 6 laws, to see that they are faithfully executed 4 legislature, extraordinary sessions of, may convene. ... 4 members of, not appointed by 3 lieutenant-governor, when to act as 4 major-generals, appointment of, by 11 message, to legislature, to communicate by 4 militia officers, to be commissioned by 11 pardons, reprieves, etc., to grant 4 pardons, reprieves, etc., to report yearly. , 4 president of senate, when to act as 4 qualifications and eligibility to office of 4 salary of 4 speaker of assembly, when to act as 4 term of office of 4 treason, execution, in cases of, may suspend 4 Treasurer, suspension of, by 5 vacancy in office of 4 Gbants — certain, with rents reserved, void 1 king of Great Britain, made by 1 H Habeas Cobpus — not to be suspended, except, etc 1 Hamburg Stbeet Canal — sale or lease 7 Hamilton County — to elect member of assembly with Ful- ton county 3 Highways — improvement of, debts for 7 I Impeachments — articles of, preferred against judicial offi- cer, effect of 6 assembly to have power of 6 court for trial of, concurrence of two-thirds of members of, necessary to convict 6 of whom composed 6 members of, to be sworn 6 governor, who to act in case of impeachment of 4 judgment in cases of, extent of 6 lieutenant-governor, when not to act as member of court of 6 Indians — purchase of land f rora, void 1 4 29 8 40 2 36 4 38 4 29 4 29 7 23 6 30 4 60 4 29 6 60 5 29 5 29 7 30 2 29 4 29 7 30 1 28 5 29 7 34 6 30 14 16 17 16 4 14 8 49 5 21 .2 51 13 42 13 42 13 42 13 42 13 42 6 30 13 42 13 42 15 16 Index to the Constitution 205 Art. Indictment — persons not to be tried without 1 persons convicted on impeachment, liable to 6 Infamous Crime — persons guilty of, ineligible as electors. 2 persons not to answer for, unless on presentment, etc. . 1 Inferior Local Courts — may be established 6 Inhabitants — enumeration of, when taken 3 Injury to Employees — compensation for 1 Inspection — offices for, abolished 5 Inspectors of State Prisons — powers and duties of, trans- ferred 5 Interest — rate of, regulating 3 Invasions — debt may be created for 7 money raised from contracting debt, how used 7 J Jails — occupation and employment of convicts in 3 Jeopardy — person not to be twice in, for same offense 1 Journals — each house to keep and publish 3 objections of governor, to be entered on 4 yeas and nays to be entered on 3 Judges — attorney, etc., certain, not to practice as 6 compensation of certain 6 continued after term 6 inferior courts, removal of judges of 6 office, not to hold, after seventy years of age 6 referee, certain, not to act as 6 review of cases decided by, not to sit in 6 See also County Judges ; Justices Supreme Court. Judges of Court of Appeals — attorney or counselor in courts of state, not to practice as 6 compensation of 6 when continued after term 6 court of impeachment, to be members of 6 decision by, concurrence of four necessary 6 justices of supreme court, designation of , as 6 office, not to hold after seventy years of age 6 office or public trust, not to hold other 6 quorum, five to constitute 6 referee, not to act as 6 removal of 6 term of office of 6 vacancy in office of 6 appointees to fill, term of 6 votes for, other than for judicial office, void 6 See also Court of Appeals. Judicial Decisions — publication of 6 Judicial Departments — division of state into 6 BC. Page. 6 14 13 42 2 18 6 14 18 45 4 20 19 17 8 34 4 33 18 25 3 46 3 46 29 28 6 14 11 24 9 31 15 25 20 45 12 41 12 41 17 45 12 41 20 45 3 38 20 45 12 41 12 41 13 42 7 39 7 39 12 41 10 41 7 39 20 45 11 41 7 39 8 40 8 40 10 41 21 46 2 36 206 Index to the Constitution Art. Sec. Page. Judicial Distbicts — continued until change 6 1 35 Judicial Officers — appointment or election of 6 18 45 cities, how chosen in 6 17 45 fees or perquisites of office, not to receive 6 20 45 local, terms of incumbents 6 22 46 office, not to hold after seventy years of age 6 12 41 Jurobs — drawing of 3 18 25 Juey — in libel cases, to determine law and fact 1 8 15 property, to assess value of 1 7 14 trial by, right of, secured 1 2 13 when waived 1 2 13 Justice of Supreme Court — additional justices 6 1 35 apportionment of i 6 1 35 attorney or referee, not to practice or act as 6 20 45 compensation of 6 12 41 when continued after term 6 12 41 designation for appellate division 6 2 36 for court of appeals 6 7 39 electors of judicial districts to choose 6 1 35 eligibility to office of 6 20 45 fees or perquisites, not to receive for use 6 20 45 number of, residing in each district 6 1 35 office not to hold, after seventy years of age 6 12 41 office or public trust, not to hold other 6 10 41 presiding, of appellate division 6 2 36 removal of 6 11 41 reporter, to appoint 6 2 36 review of certain decisions, not to sit in 6 3 38 in appellate division 6 3 38 special and trial terms, to fix 6 2 36 term of office of 6 4 38 vacancies, how filled 6 4 38 votes for, other than, or judicial office, void 6 10 41 Justices of Peace — election and term of office 6 17 45 election of, etc., in 6 17 45 fees, may receive 6 20 45 number and classification, regulated 6 17 45 removal of, after opportunity for defense 6 17 45 term of office 6 17 45 term of those in office, expiration of 6 22 46 town meetings, to be elected at 6 17 45 vacancy in office of, how filled 6 17 45 K King of Great Britain — grants of land by 1 17 16 Index to the Constitution 207 Art. Sec. Page. L Land — agricultural, drainage of 1 leases of certain, void 1 alienation of, restraints upon, void 1 allodial, all to be T excess condemnation by cities 1 forest preserve, to be kept, etc 7 purchase of, from Indians, void 1 ultimate property in 1 See also Property. Land Office — commissioners of 5 Law and Equity — supreme court of 6 Laws — certain, to be submitted to the people 7 enacted by bill only 3 enforcement of, by governor 4 existing, how made part of an act 3 general city laws, passage of 12 publication of 6 See also Bills. Legislature — adjournment, consent of both houses for .... 3 assembling of, time of 10 bills, passage of, by art. 3, §§ 13 and 14 3 cities and villages, organization, to provide for 12 powers of, to restrict 12 corporations, to create by general laws 8 debate in, freedom of, secured 3 elections and qualifications, etc., of members, each house judge of 3 electors, absent, may provide for voting by 2 extra session of, how called 4 general laws, to pass 3 governor and lieutenant-governor, when to elect 4 inferior local courts, may establish 6 journal, each house to keep 3 judicial officers, to direct as to appointment of 6 removal of certain 6 vote on 6 legislative power vested in 3 term, when to commence 10 local legislation, powers of, may confer 3 members of, acceptance of offices by, vacates seat 3 civil appointments, not to receive 3 compensation of 3 election of, time of 3 elections and qualifications of 3 ineligibility of certain persons for 3 7' 14 13 16 14 16 12 16 7 14 7 49 15 16 10 15 5 34 1 35 4 47 14 24 4 29 17 25 2 61. 21 46 11 24 6 59 15 25 1 60 1 60 1 51 12 24 10 24 1 18 4 29 18 25 3 29 18 45 11 24 18 45 11 41 11 41 1 20 6 59 27 28 8 24 7 23 6 23 9 24 10 24 8 24 208 Index to the Constitution Art. Sec. Page. Legislature — Continued: militia, enlistments in, may provide for 11 maintenance of, to provide for 11 officers, mode of choosing, may change 11 militia, officers, to fix time for electing 11 officers, each house to choose 3 officers, removal of, to provide for 10 open doors, each house to keep 3 private claims, not to audit or allow 3 private or local bills in certain cases, not to pass 3 public officers, extra compensation to, not to allow.... 3 quorum, majority constitutes 3 right of suffrage, to enact laws excluding persons from. 2 rules, each house to determine 3 special city laws, passage of, by 12 state board of charities, to provide for 8 state commission in lunacy, to provide for 8 state commission of prisons, to provide for 8 statutes, publication of 6 system of free common schools, to provide for 9 vacancies in office, to provide for filling 10 vacancy, to declare what constitutes 10 workmen's compensation, may provide for 1 See also Senate; Assembly; Bills. Liability — ■ of corporations and stockholders 8 in banking business 8 Libel — relating to 1 Liberty op Conscience — licentiousness, etc., acts of, not to justify 1 Lieutenant-Governor — canal board, member of 5 canal fund, commissioner of 5 compensation of 4 election and term of office of 4 eligibility and qualifications 4 governor, trial of, not to sit on 6 impeachments, court for trial of, member of 6 land office, commissioner of 5 senate, president of 4 Life and Liberty — persons not bo be deprived of, without, etc 1 Limitation — of claims against state 7 of right of action to recover damages for injuries.... 1 Literature Fund — inviolate, revenues, how applied _. 9 Local Bills — title of subject to be expressed in 3 to embrace but one subject 3 See also Bills. Local Judicial Officers — in office, expiration of terms of 6 22 46 county judge and surrogate, election of, to perform duties of 6 16 44 2 59 3 59 5 60 5 60 10 24 7 59 11 24 19 26 18 25 28 28 10 24 2 18 10 24 2 61 11 55 11 55 11 55 21 46 1 57 5 58 8 59 19 17 2 51 7 52 8 15 8 15 5 34 5 34 8 31 1 28 7 30 13 42 13 42 5 34 7 30 6 14 6 48 18 17 3 57 16 25 16 25 Art. 3 Sec. 27 Page. 28 1 9 15 Index to the Constitution 209 Local Legislation* — may be conferred on supervisors . Lotteries — prohibited Lunacy, see State Commission in Lunacy. M Majority — of each house necessary to form a quorum .... 3 to pass bills 3 Measures and Weights — standard of, how supplied 5 Measuring — office of, abolished 5 Message — governor to communicate by, to legislature .... 4 of objections to bills 4 Militia — aides-de-camp of commander-in-chief, appointment of 11 appropriations for 11 armed and disciplined, to be 11 chiefs of staff departments, how appointed 11 enlistments into 11 exemptions from 11 governor, commander-in-chief of 4 how constituted 11 major-generals, how appointed 11 officers of, how chosen 11 how commissioned 11 how removed 11 mode of choosing, legislature may change 11 organization and maintenance of 11 Monet — appropriated, to be paid within two years 3 borrowed, how used 7 how used 7 how used 7 borrowing, with assent of the people 7 invasion, to repel, may borrow for 7 municipal corporations, to be restricted in borrowing . . 12 to be restricted in borrowing 3 payment of, without appropriation, prohibited 3 sectarian schools, use for, restricted 9 See also Debt. Municipal Corporations — organization of 12 special acts, may be created by 8 taxation, debt, etc., of, restrictions on powers of 12 N Names — change of 3 New York City — -assembly districts in 3 court of common pleas in, abolished 6 judicial department in 6 senate districts in 3 superior court of, abolished 6 10 24 15 25 8 34 8 34 4 29 9 31 4 60 3 59 3 59 4 60 2 59 1 59 4 29 1 59 4 60 5 60 6 60 6 60 5 60 3 59 21 27 2 46 3 46 4 47 4 47 3 46 1 60 10 53 21 27 4 57 1 60 1 51 1 60 18 25 5 21 5 38 2 36 3 20 5 38 210 Index to the Constitution Art. Sec. Page. O Oath of Office — form of 13 1 62 Office — duration of, when not fixed by law 10 3 58 Officers — attempt to bribe 13 3 63 city and town, how elected or appointed 10 2 58 compensation of certain 10 9 59 county, how elected or appointed 10 2 58 elected or appointed as law directs 10 2 58 fees or perquisites, not to receive 10 9 59 felony, when deemed guilty of 13 2 63 free passes, etc., acceptance, etc., by, prohibited 13 5 64 major-generals, etc., how appointed 11 4 60 militia, how chosen 11 5 60 oath of .' 13 1 62 offering bribe to, felony 13 3 63 removal of, other than local, judicial or legislative. ... 10 7 59 state, not to receive additional compensation 10 9 59 tenure of, when not fixed 10 3 58 weighing, inspecting, etc., abolished 5 8 34 Oyer and Terminer — • court of, abolished 6 6 39 P Pardons, Etc. — governor may grant 4 5 29 to report yearly 4 5 29 mode of applying for, regulating 4 5 29 Passes — free, prohibited, etc 13 5 64 Personal Liability — ■ of stockholders and corporations .... 8 2 51 in banking corporations 8 7 52 Petition — right of, not to be abridged 1 9 15 Political Year — ■ when to begin 10 6 59 Pool-selling — prohibited 1 9 15 Preamble . . 13 President of Senate — as governor, when to act 4 7 30 lieutenant-governor 4 7 30 vote, to have casting, only 4 7 30 pro tern., when chosen 3 10 24 Press — freedom of, secured 1 8 15 Prisons — superintendent of 5 4 33 occupation and employment of convicts in 3 29 28 See also State Commission of Prisons. Private or Local Bills — in certain cases not to be passed. 3 18 25 title of, to state subject 3 16 25 to embrace but one subject 3 16 25 Private Roads — may be opened 1 7 14 damages to be found by jury 1 7 14 Index to the Constitution 211 Art. Pkopebtt — not to be taken without just compensation 1 without process of law : 1 public, taken for local or private purposes, requires two- thirds vote of legislature 3 rights of, not affected 1 sectarian schools, use of, for, restricted 9 taken by jury for private road 1 value of, how ascertained 1 ultimate, in lands, possessed by the state 1 Public Money — payment of, not to be made without appro- priation 3 to be made within two years 3 sectarian schools, use of, for, restricted 9 taken for local or private purposes, requires two-thirds vote of legislature 3 Public Works — superintendent of, appointment of 5 Punishment — cruel or unusual, not to be inflicted 1 Q Qualifications — of electors 2 governor 4 lieutenant-governor 4 members of legislature, each house to determine 3 Quarter Sales — to be void 1 Question — on bill to borrow money, how put 7 Quorum — in appellate division of supreme court 6 in court of appeals, what to constitute 6 majority of each house 3 three-fifths of each house, when required for 3 R Railroads — free passes to public officers on, prohibited, etc. 13 tracks, granting right to lay 3 Reformatories — ■ occupation and employment of convicts in. 3 Regents of the University, see University of the State of New York. Register in New York, see Clerk and Register, New York City. Registration of Voters — provisions relating to 2 Religion — freedom in, secured 1 Removal of Officers — county officers, certain 10 other than judicial, local or legislative 10 Rent and Services — certain, saved and protected 1 Reporter — court of appeals, appointment of 6 supreme court, to be appointed 6 Reports of Decisions — to be published 6 publications of, free 6 3C. Page. 6 14 6 ■ 14 20 26 17 16 4 0/ 7 14 7 14 10 15 21 27 21 27 4 57 20 26 3 34 5 14 1 18 2 29 2 29 10 24 14 16 4 47 2 36 7 39 10 24 25 27 5 64 18 25 29 28 4 19 3 13 1 57 7 59 11 15 7 39 2 36 21 46 21 46 212 Index to the Constitution Art. Sec. Page. Reprieves and Pardons — governor may grant 4 5 29 mode of applying for, regulations for 4 5 29 report of, to be made to legislature annually 4 5 29 Reservoirs — on forest preserve lands 7 7 49 Residence — of electors 2 3 19 of persons eligible to office of governor 4 2 29 when lost by absence 2 3 19 Resolutions — certain, law of the state 1 16 16 Revenues or Canals, see Canals. Roads — ■ laying out of, etc 3 18 25 Rules — each house to determine its own 3 10 24 S Sailors — may vote 2 1 18 preference of, in appointments, etc 5 9 35 Savings Banks — capital stock, not to have 8 4 52 charters of 8 4 52 profits of, trustees of, not to be interested in 8 4 52 School Fund — capital inviolate, revenues, how applied .... 9 3 57 Schools — sectarian, use of credit, property or money for . . 9 4 57 system of free common, provision for 9 1 57 Secrecy of Legislative Proceedings — when allowed 3 11 24 Secretary op 'State — commissioner of canal fund 5 5 34 commissioner of land office 5 5 34 compensation 5 1 32 election and term of office 5 1 32 fees and perquisites, not to receive 5 1 32 member of the canal board 5 5 34 Senate — accepting certain office vacates seat in 3 8 24 adjournment of, consent of assembly required to 3 11 24 appointments made by governor and 5 3 32 made by governor and 5 4 33 made by governor and 6 8 40 made by governor and 8 12 56 bills, majority requisite to pass 3 15 25 yeas and nays to be taken on passage of 3 15 25 districts, state divided into 3 3 20 districts altered, when and how 3 4 20 counties not to be divided in forming 3 4 20 extra session of, may be convened 4 4 29 freedom of debate in, secured 3 12 24 journal, to keep and publish 3 11 24 judge of elections, etc., of members 3 10 24 legislative power, vested in 3 1 20 militia officers, on nomination of, governor may appoint. 11 4 60 on recommendation of governor, may remove 11 6 60 officers, to choose 3 10 24 open doors, to keep 3 11 24 president of, and president pro tem 3 10 24 Index to the Constitution 213 Art. Sec. Page. Senate — Continued : president of, and president pro tern 4 quorum, majority to constitute 3 rules of proceedings, to determine 3 See also Legislature; Senators. Senators — accepting certain offices to vacate seat 3 appointments, civil, not to receive 3 compensation 3 elections and qualifications of 3 elections of, when held 3 impeachments, members of court for trial held 6 ineligibility to office of 3 number of 3 Sheriffs — ■ acts of, county not responsible for 10 election and term of office of 10 ineligible for next term 10 office, to hold no other 10 removal of, by governor 10 security, default in giving, vacates office 10 may be required to renew 10 vacancy in office of 10 Sinking Fund — investment of 7 not to be diverted 7 payment of, by counties and towns 7 Soldiers — may vote : : 2 preference of, in appointments, etc 5 Speaker of Assembly — • commissioner of land office 5 compensation of 3 governor, when to act as 4 Specie Payment — not to be suspended, etc 8 Speech — freedom of, secured 1 in legislative debate 3 State — - claims against, limitation of 7 credit, not to loan 7 money or credit, not to loan 8 See also Debt. State Commission in Lunacy — inspection of institutions by * 8 legislature to provide for 8 members of, appointment and removal of 8 terms of present 8 powers of 8 additional S State Commission of Prisons — inspection of institutions hy 8 legislature to provide for 8 members of, appointment and removal of 8 powers of 8 additional 8 7 30 10 24 10 24 8 24 7 23 6 23 10 24 9 24 13 42 8 24 2 20 1 57 1 57 1 57 1 57 1 57 1 57 1 57 1 57 3 48 5 48 12 51 1 18 9 35 5 34 6 23 7 30 5 52 8 15 12 24 6 43 1 46 9 52 11 55 11 55 12 56 15 56 11 55 15 56 11 55 11 55 12 56 11 55 15 56 214 Index to the Constitution Art. State Debts — payment of 7 State Engineer and Surveyor — commissioner of land office 5 election and term of office of 5 member of canal board , 5 practical engineer, to be 5 , State Prisons, see Superintendent of Prisons 5 occupation and employment of convicts' in 3 State Reservoirs - - on forest preserve lands 7 .Statutes — laws of state 1 publication of, legislature to provide for 6 publication, free 6 Street Railroads — commissioners for, in certain cases .... 3 consent for construction of 3 Suffrage — proofs of, how ascertained 2 right of 2 who deprived of 2 who excluded from 2 Suits — ■ certain, not affected 1 .Superintendent — of prisons 5 Superintendent — of public works 5 Supervisors — ■ assembly districts, to make 3 board of, in each county 3 boards of, may have power of local legislation 3 Supreme Court — appellate division of 6 decisions, to be free for publication 6 jurisdiction in law and equity 6 justices, additional, election of 6 age of, restriction as to 6 apportionment of 6 assignment of, to hold term 6 attorney, not to practice as 6 compensation of 6 designation of, for appellate division 6 eligibility of office of 6 justices, for court of appeals 6 how chosen 6 number of, to reside in each district 6 office or public trust, not to hold other 6 official term of 6 powers of, in appellate division 6 presiding justice of appellate division 6 referee, not to act as 6 removal of 6 review of certain decisions, not to sit in 6 terms, to fix 6 vacancies in office, how filled 6 of whom composed 6 reporter of decisions, to be appointed 6 special and trial terms of 6 Sec. Page. 11 50 34 1 32 5 34 1 32 4 33 29 28 7 49 16 16 21 46 21 46 18 25 18 25 1 18 1 18 2 18 2 18 18 17 4 33 3 32 5 21 26 27 27 28 2 36 21 46 1 35 1 35 12 41 1 35 2 36 20 45 12 41 ■2 36 20 45 7 39 1 35 1 35 10 41 4 38 2 36 2 36 20 45 11 41 3 38 2 36 4 38 1 35 2 36 2 36 See. Page. 15 44 15 44 15 44 15 44 10 44 15 44 15 44 15 44 15 44 15 44 Index to , the. Constitution 215 Art. Surrogate — county judge to act as 6 duties of g election of g salary of g special election of, may be provided for 6 term of office 6 vacancies, how filled 6 Surrogate's Court — relative to 6 jurisdiction of 6 relief of g Surveyor, State, see State Engineer and Surveyor. Swamps — draining of 3 18 25 T Tax — bill for, final passage of 3 three-fifths, quorum for 3 yeas and nays to be taken 3 canals, for support of 7 law imposing, to state object of 3 state debts, for interest and principal of 7 Taxation — cities and villages to be restricted in 12 Telegraph and Telephone Companies — ■ franking privileges by, prohibited, etc 13 Testimony — in equity cases, how taken 6 Three-fifths — necessary for a quorum . .' 3 Title of Bills — local and private 3 Town — debts, except for town purposes, not to contract ... 8 debts for improvement of highways, sinking fund for. . 7 money or credit, not to loan 8 .stocks or bonds, not to become owner of 8 Town Officers — to be elected or appointed 10 Transportation — free, prohibited, etc 13 Treason — execution of sentence for, governor may suspend . 4 legislature may pardon 4 Treasurer — canal board, members of 5 canal fund, commissioner of 5 compensation of, not to receive fees 5 election and term of office of 5 first election of 5 governor, may be suspended by ^ 5 land office, commissioner of 5 vacancy, how filled 5 Treasury — no money to be paid from, without appropria- tion 3 Two-thirds — of all elected to pass certain bills 3 of all present, on bill returned by governor 4 to change mode of electing militia officers 11 25 27 25 27 25 27 9 50 24 27 4 46 1 60 5 64 3 38 25 27 16 25 10 53 12 51 10 53 10 53 2 58 5 64 5 29 5 29 5 34 5 34 1 32 1 32 2 32 7 34 5 34 7 34 21 27 20 26 9 31 5 60 216 Index to the Constitution Art. Sec. Page. U United States Deposit Fund — income of, how applied ... 9 officers, not to hold seat in legislature 3 University of the State of New Yobk — corporation con- tinued, etc 9 how governed 9 V Vacancy in Office — judge of court of appeals 6 justices of supreme court 6 legislature to declare what constitutes 10 supplying provision for 10 treasurer 5 Venue — change of 3 Veto — of the governor 4 Villages — bonds and stock, not to become owners of 8 debts, not to contract, except, etc 8 restrictions on contracting 8 incorporation of 3 money or credit, not to loan, except, etc S restrictions on loaning 8 officers in, to be elected or appointed 10 special acts, may be created by S taxation, powers of, in, to be restricted S Vote on Constitution and Amendments 14 Voters — qualifications of 2 registration of 2 See also Electors. Votes — certain, for members of legislature, void 3 7 23 W Waters of State — on forest preserve lands 7 Weighing — offices for, abolished 5 Weights and Measures — standard of, how supplied .... 5 Witness — bribery, persons charged with, may be in own behalf 13 criminal cases, not to testify against himself 1 persons offering bribe, not privileged from testifying as to 13 religious belief, not incompetent on account of 1 unreasonably detained, not to be -1 Workmen — compensation for injury to or death of 1 Y Year — political and legislative terms 10 6 59 Yeas and Xays, see Ayes and Noes. 3 S7 8 24 2 57 2 57 8 40 4 38 8 59 5 58 7 34 18 25 9 31 10 53 10 53 10 53 18 25 10 53 10 53 2 5S 1 51 10 53 2 65 1 18 4 19 7 49 8 34 8 34 4 63 6 14 3 63 3 13 5 14 19 17 PORTRAITS AND SKETCHES OF STATE OFFICERS AND DELEGATES [217] HON. CHARLES S. WHITMAN T218] HON. CHARLES S. WHITMAN (Governor) Charles Seymour Whitman, Governor of New York State, was born in Connecticut on August 28, 1868. He was graduated by Amherst College in 1890. Upon leaving college, Mr. Whitman entered the Law School of New York University and gained a livelihood at the same time by teaching. He was graduated by the law school in 1894 and immediately began the practice of law in New York city; For eight years he conducted a pri- vate practice. In 1902, during the administration of Seth Low, Mayor of New York, he was appointed Assistant Corporation Counsel. His special duty as Assistant Corporation Counsel, while the Legislature was in ses- sion, was to represent the city of New York at Albany. During this period Mr. Whitman also acted as Mayor Low's legal adviser. Mr. Whitman did his work with such fidelity and thoroughness that Mayor Low, toward the close of his administration, in recognition of his services, appointed him a city magistrate. Although the youngest member of the Board of City Magistrates, he was elected its president, although all of the other members of the court were Democrats and he was a Republican. He originated the Night Court for the immediate trial of persons arrested at night, thus saving many persons from detention over night in a police station and protecting them from the extortion of professional bondsmen. Upon the conclusion of his term as City Magistrate, he engaged for a time in private law practice. In 190? Governor Hughes appointed him to fill a vacancy in the Court of General Sessions and Mr. Whitman en- tered upon these duties July 1, 1907. Upon the expiration of his term as a Judge of the Court of General Sessions Mr. Whitman resumed his private law practice. In 1908, Governor Hughes, charges having been made of gross election frauds in a county in the northern part of the State, appointed Mr. Whit- man as a Deputy Attorney-General to investigate the affair. In 1909, Mr. Whitman was nominated for District Attorney of New York County on a Fusion ticket and was elected by a plurality of 28,000 in a county which usually gives from 50,000 to 75,000 Democratic majority. Mr. Whitman was earnestly pressed for the nomination for Mayor of New York by many of his friends in 1913 and later the same year was renominated for District Attorney. The satisfaction felt by the people of New York over his administration of the District Attorney's office was made evident in a remarkable way ; he being nominated for the office suc- cessively by the Republican party, by whom he was first nominated, and then by the National Progressive party, by the Independence League, by the Prohibition party, and by the Democratic party. It was practically a unanimous election to the office. In 1914, Mr. Whitman was the choice of the Republican party for the nomination for Governor. He was nominated at State-wide primaries and then was elected by a vote of 680,701 to 412,253 cast for Martin H. Glynn, the Democratic candidate, and had a plurality of 145,482 over all candidates. Governor Whitman married Olive Hitchcock, of New York city, and has a daughter, Olive, five years of age. A son, Charles Seymour Whitman, Jr., was born in the Executive Mansion, March 11, 1915, the first boy ever born in the official residence of the Chief Executive. [219] HON. EDWARD SCHOENECK [220] HON. EDWARD SCHOENECK (Lieutenant-Governor) Edward Schoeneck, Lieutenant-Governor of the State, was born in the city of Syracuse on August 6, 1875. At the age of ten years, Edward Schoeueck, the son of Henry Schoeneck, had gained a common school education and to assist in the support of a large family sold papers on the streets of Syracuse. His route took him to the Court House, and there an association with leading attorneys and glimpses of court life fired an ambition to become a lawyer. He entered high school and prepared for the study of law, but at the age of fourteen years the circumstances of his parents, under the burden of a large family, seriously threatened his plans for entering the legal profession. Edward Schoeneck found it neces- sary to enter his father's blacksmith shop and there he mastered the trade. For ten years he worked before the anvil and the forge, but every night he spent in study, often in the blacksmith shop, mastering the languages and mathematics and gaining his first knowledge of law. Realizing that in leaving the blacksmith trade for the law school he would have to be self-supporting, the young man took a course in stenography at a night school. When twenty-three years of age, the time he had fixed upon for entering law school, his father died and he was compelled to remain one more year in the blacksmith shop to help his brothers. In 1901 Mr. .Schoeneck, then employed as a stenographer by a leading Syra- cuse law firm, was able to enter the College of Law at Syracuse University. He was graduated in 1903 and immediately admitted to the bar. Recognized as a forceful character and popular in the section in which he had grown up, he was elected in 1901 to the Board of Supervisors. In 1903 he became a member of the law firm of White, Bond & Schoeneck and the same year, the Republican party selected him for more important legislative service and he was elected to the Assembly as the representative of the Second District of Onondaga county. Mr. Schoeneck served four terms in the Assembly and his entire record at Albany shows sound judgment on the consideration of important legislation and rugged honesty. He drafted the original corrupt practice act and was looked upon as an au- thority on constitutional questions. In 1909 the Republican party served notice upon Mr. Schoeneck that it proposed to draft him for further service. He had advanced to the front rank in the Onondaga bar, both in the preparation of cases and as a trial lawyer. He was reluctant to leave his practice to re-enter active politics and only consented when his friends insisted that his presence at the head of the ticket as the candidate for Mayor of Syracuse was necessary to Republican success. Mr. Schoeneck entered the campaign with George W. Driscoll as the Democratic candidate and with two independent Republican candidates. Mr. Schoeneck with a vigorous canvass carried the party to victory, win- ning in a four-cornered fight by 1,047 votes over his Democratic opponent. In 1910 while Mr. Schoeneck was serving his first year as Mayor, he was selected at the Saratoga Convention as the Republican nominee for Lieu- tenant-Governor. The Republican ticket was defeated and Mr. Schoeneck continued to serve the people of Syracuse as chief executive. In 1911 he was re-elected Mayor by a plurality of 4,300. In 1913 he declined to allow his name to be considered for a further nomination. [221] HON. FRANCIS M. HUGO [222] HON. FRANCIS M. HUGO (Secretary of State) Francis M. Hugo, Secretary of State, is and has been for many years one of the best known and most distinguished citizens of northern New York. His nomination and election to the position of Secretary of State came as a fitting testimonial to his ability and integrity from the people of the State. These two qualities had already endeared him to the citizens of his own locality, and when the opportunity for larger service presented itself, he was not found wanting. Mr. Hugo was born on March 5, 1870. After completing his preliminary education, he entered Cornell University, from which institution he was graduated in 1897 with the degree of LL.B. It is not often given to one starting out in the legal profession, to form such valuable connections as fell to the lot of Mr_ Hugo, upon his graduation from the law school. He entered the office of Purcell & Carlisle in Watertown, and here received his early legal training, which fitted him for the more difficult tasks that were to follow. Mr. Carlisle 'has since served on the Public Service Com- mission of the Second Department of the State, being still later Commis- sioner of Highways of the State of New York. Not long after graduation Mr. Hugo was taken into the firm, the name being changed to that of Brown, Carlisle & Hugo. Elon R. Brown, the senior member, has figured prominently in New York for many years, as a lawyer and public servant. This partnership lasted for seven years. In 1905 the firm name became Hugo & Yost, when Nicholas D. Yost became Mr. Hugo's junior partner. This legal relationship continued until the death of Mr. Yost, which occurred on February 8, 1915. Mr. E. H. Bennett, also of Watertown, succeeded Mr. Yost as partner. The people of Watertown decided that they wanted Mr. Hugo for their mayor in 1906, and he was accordingly elected in that year by an over- whelming majority. Here his administrative ability stood him in good stead, with the result that he was thrice re-elected mayor, serving, in all, four consecutive terms as their chief executive. Francis M. Hugo's main work as mayor of Watertown consisted in effecting a complete reconstruction of the city's roads and thoroughfares. That Watertown is the beautiful city which it is today, is due in a large measure to his assiduous efforts in its behalf, and the length of his con- tinuous service as mayor bears ample testimony to the fact that his labors were appreciated by his fellow citizens. In 1912 Mr. Hugo was a candidate for the office of Secretary of State on the regular Republican ticket, but was defeated along with the rest of the Republican candidates. This same year, the Secretary of State went to Chicago as a delegate to the Republican National Convention, from the Thirty-second Congressional district, which comprises the counties ' of Jefferson, Oswego, Lewis and Madison. Mr. Hugo's business connections have included the following : Treasurer of the Remington Martin Company, a large manufacturing corporation of Watertown, and treasurer of the Norwood and St. Lawrence Railroad Company. Personal magnetism is perhaps his predominating trait. It is this characteristic, when taken together with his efficiency and integrity, that has made Francis M. Hugo such an ideal public servant. [223] HON. EUGENE M. TRAVIS [224] HON. EUGENE M. TRAVIS (Comptroller) Eugene M. Travis, Comptroller of the State of New York, was born in Brooklyn, N. Y., on June 10, 1S63. He graduated from Public School No. 13 in Brooklyn and then prepared for college. He entered the wholesale fruit and vegetable business after leaving school and made rapid strides. For almost thirty years he has continued in the business and is now the head of the firm of Eugene M. Travis and Company of New York City. Mr. Travis has been for more than twenty years a member of the Republican Assembly District committee of his district. In addition he has been a member of the Republican County Committee of Kings County for seventeen years and eight times served as a delegate to the Republican State Convention. It was through the efforts of Mr. Travis that the Eleventh Assembly District Republican Club of Brooklyn was organized. He became its first president and served for two years. In 1906 Mr. Travis consented to become a candidate for State Senator in the Sixth Senate District, Kings County. He received a majority of 1,617 votes over his opponent Charles J. Hackett. In the Senate of 1907 and 1908, Mr. Travis was a member of the following committees : Rail- roads, Commerce and Navigation, Banks, Penal Institutions and Public Health. In 1908, Mr. Travis was a second time the Republican candidate for Senator and as such received a majority of 4,021 over his Democratic opponent, John N. Harman. Lieutenant-Governor White in 1909 ap- pointed him Chairman of Committee on Banks, and a member of the Cities, Commerce and Navigation and Canal Committees. In 1910 he became a candidate for a third term and defeated John N. Harman, his Democratic opponent for a second time. Mr. Travis received 14,729 votes to 14,366 cast for his opponent. He was the only Republican' candidate for Senator from Long Island who was elected that year. Mr. Travis had charge during 1908, 1909 and 1910 of the subway legislation. He also introduced the first Direct Nominations Bill. This bill passed the Senate four times. Lieutenant-Governor Conway in 1911 appointed Mr. Travis a member of the following committees : Cities and Commerce and Navigation. Mr. Travis ran for re-election as Senator for the fourth term in 1912, but was defeated by Senator William B. Carswell. Not a Republican can- didate for Senator was elected from New York city or Long Island that year. When the time arrived in 1914 for the first test of the Direct Nomina- tion law, Mr. Travis at the request of many prominent members of his own party, decided to become a candidate for the Republican nomination for State Comptroller. After making a hard contest he succeeded in win- ning the nomination, receiving 88,765 votes against his opponents, Hon. James F. Hooker, Comptroller of Schenectady, who got 62,414 and Samuel Strasbourger of New York city who polled 4S.519 votes. At the general election in November, 1914, Mr. Travis was elected Comp- troller over his Democratic opponent William Sohmer. Mr. Travis' vote was 657,373; he running only on the Republican ticket. Mr. Sohmer received 553,254 votes. [225] -^ 1 R -^m - ..//jd. ■ ,■ ■ ' " ■ i ^HB|^ P^fH ^B^B^B^B^B^B^Bx flf " *&$*' ' ' iai ^B fflm&i ■ /*SkH B 'JK. , $$M I "^*SI Rfe>' "ill ' B^B^B^Bl^B^^H^^EOr*'V* ShS- - " S^'C ' ii£^H^^^H It ■■K^Kfi; • ' W^tij/fH V^B^^ Hk^ ff>$ ; rv^'- : Bfir" ^ ^4 1 .i * '9k' Wr ' J^ bHt Si £ '-.isf .■;■■:.■'; '■.■.'■ , ^KmaFT'"-- m j« WHBwm •11111 (£mK_Hk »I^F ■ :/ ^y- : - ,: "^0^ : /-'---'^M^k HON. JAMES L. WELLS [226] HON. JAMES L. WELLS (State Treasurer) James L. Wells was born in The Bronx, educated in its public schools, and graduated from Columbia University. He resides with his family at 277 Alexander avenue, in The Bronx. He is familiarly called " The Father of The Bronx." Mr. Wells is president of the James L. Wells Company, engaged in the appraisal, sale and management of real estate, with offices at 141 Broad- way, New York city. He is also president of the New York Real Estate Salesroom. He is one of the founders and a director of the Twenty-third Ward Bank and also one of the founders and a trustee of the Dollars Savings Bank. He is a charter member and a director of the North Side Board of Trade in the City of New York. He was its president for six consecutive terms. For several years Mr. Wells served as a trustee of public schools. He represented The Bronx in the Board of Aldermen of the City of New York for three terms, and was chairman of its committee on public works. He was three times a member of the State Assembly. In these positions he secured the enactment of legislation providing for the extension of the rapid transit system and the water supply, the improvement of the Harlem River Ship canal, and many other public measures which have aided materially in the phenomenal growth of the city of New York, especially The Bronx. He was closely identified with the legislation pro- viding for the large parks and parkways in The Bronx, and for five-cent fares and continuous tpains on the elevated and old and new subway lines. Governor Roosevelt appointed Mr. Wells a member of the Commission to Revise the Charter of Greater New York. This commission served without pay. He was chairman of its committee on borough govern- ment and the author of the home-rule sections of the present charter, which have proved to be highly important factors in the development, of the several boroughs in the city. Mayor Strong appointed him a commissioner of the Department of Taxes and Assessments of the City of New York. Mayor Low appointed him president of the Department of Taxes and Assessments of the greater city and a member of his cabinet. Under Mr. Wells' administration of the tax department the credit of the city was greatly enlarged, and the tax rate the lowest in forty-seven years. By appointment of the Governor and the mayor of New York, Mr. Wells for several years has represented the State and city in the National Rivers and Harbors Congresses and Atlantic Deeper Waterways Con- ventions held in various cities. He was appointed by the mayor a com- missioner of the Hudson-Fulton Celebration, a member of the Citizens' Committee to welcome the Atlantic fleet, a member of the New York Com- mercial Tercentenary Commission and of the Committee for the Safe and Sane Celebration of the Fourth of July. He is also a member of the Citizens' New York Harbor Improvement Committee and of other civic and patriotic organizations. He has represented his party in National, State, and city conventions. [227] HON. EGBURT E. WOODBURY [228] HON. EGBURT E. WOODBURY (Attorney- General) Egburt E. Woodbury, Attorney-General of the State, was born in Cherry Creek, Chautauqua county, on March 29, 1861. He was educated in the public schools and at the Chamberlain Institute at Randolph, Cattaraugus county. As a young man Mr. Woodbury worked as a farmhand and taught school in his native county. He began the study of law in 1880 in the law office of Rodney R, Crowley, at Randolph, and completed these studies in the law office of Lakin & Sessions, in Jamestown, where, in later years, he practiced for himself. He was admitted to practice in 1884, and in the same year was admitted to partnership in the firm of Lakin & Sessions. The death of Judge Lakin a few weeks after the admission of Mr. Woodbury was followed by the partnership of Sessions & Woodbury. On July 1, 1885, Mr. Woodbury formed a partnership with George R. Butts under the firm name of Woodbury & Butts. Mr. Woodbury was elected a member of the State Assembly in 1890. He was the Republican representative from the second Assembly district of Chautauqua county. In 1891 he was re-elected. When the county was reduced to one Assembly district, in 1892, he was again elected to represent the whole county. During his service in the Assembly he was without a law partner. In December, 1S94. he formed a law partnership with Eleazer Green, who at that time was mayor of Jamestown and later district attorney of Chautauqua county for a period of nine years. For four years, from 1886 onward, Mr. Woodbury was a justice of the peace of Jamestown. For three years, beginning in 1889, he was a member of the Republican County Committee of Chautauqua County : its chairman in 1889, and manager of the Republican campaign in 1891. In 1896 he led a movement to elect delegates to the Republican National Convention, favoring the nomination of William McKinley for President, from the Chautauqua-Cattaraugus Congressional district. In 1894 Mr. Woodbury was nominated for surrogate of Chautauqua county on the Republican ticket and was elected. In 1900. at the expira- tion of his term, he was re-elected. In his eleven years of service as sur- rogate and four years as justice of the peace there was only one decision of his reversed, and in this instance it was on a question of practice. In 1906. while Mr. Woodbury was surrogate of Chautauqua county, he was appointed a member of the State Board of Tax Commissioners by Governor Higgins, and at the expiration of his term he was reappointed by Governor Hughes. During his membership on the tax commission he was chairman of the board for a period of five years, and as such chair- man and member his work was marked by the solution of hundreds of intricate questions on taxation which at the present time is a guide and authority in this important work. At the primaries in 1914 Mr. Woodbury became a candidate for the Republican nomination for Attorney-General of the State and received the largest number of votes for this nomination, and thus became the Republican candidate for the office of Attorney-General. In the election following Mr. Woodbury was elected on the Republican ticket by a plurality of nearly 123.000 over his opponents. [229] HON. FRANK MARTIN WILLIAMS [230] HON. FRANK MARTIN WILLIAMS (State Engineer and Surveyor) Frank Martin Williams, State Engineer and Surveyor, was born in Durharuville, Oneida county, N. 1\, April 11, 1873. He is of Welsh and Mohawk Dutch descent, many of his ancestors of the Staring family having played a prominent part in the development of the Mohawk valley. His schooling began in the district schools at Durhamville, and he then attended the Oneida High School, from which he was graduated in 1891. In the fall of 1891 he entered Colgate University and was made a member of the Phi Gamma Delta fraternity. During his college course he was prominent in athletics, and was at one time president of the Intercollegiate Baseball Association. He was graduated from Colgate in 1S95 with honors and membership in Phi Beta Kappa. Mr. Williams then began the study of law with the Honorable J. T. Durham at Oneida, and supplemented this with a course in the Law College of Syracuse University, from which institution he was graduated with the class of : 1S97 with the degree of LL.B., completing a two-year course in one year. Mr. Williams did not take up the active practice of law but was engaged in engineering and contracting work until 1900, when he entered the department of the State Engineer and Surveyor. He rose through all the various grades in this department to the highest position covered by the civil service, that of resident engineer. While holding this position he had charge of making surveys, plans and supervising the construction of millions of dollars' worth of State work, including roads and river improve- ments. He was in charge of some of the most important residencies of the State, among which were the Goshen residency, including Orange, Ulster, Rockland, Delaware and Sullivan counties, and the Buffalo resi- dency, embracing the counties of Erie, Niagara, Chautauqua, Cattaraugus and Wyoming. In 1908 Mr. Williams left the State service to open an office for private engineering practice, and in the fall of the same year he was elected to the office of State Engineer and Surveyor, having been indorsed by the Barge Canal Associations and all of the leading canal interests of the State. He held this office for two years, during which time great progress was made on the barge canal work. In 1910-1911 he served as chair- man of the Barge Canal Terminal Commission, which was appointed to investigate canal harbors and terminals in this and foreign countries with a view of making recommendatious for terminals on the barge canal. The Barge Canal Terminal Law closely follows the recommendations of the commission made in its report presented to the Legislature in 1911. Mr. Williams was then employed as chief engineer in the construction of the Coleman duPont road in Delaware, a highway which is to be a gift to the State of Delaware from General Coleman duPont. From there he went to Ohio to serve as chief engineer for the Portage County Improve- ment Association, interested chiefly in highway construction, and he remained there during the years of 1933 and 1914. In 1914 Mr. Williams was again nominated and elected as State Engineer and Surveyor by a greater plurality than any other candidate on the ticket, a state-wide acknowledgment of his ability as an engineer and an executive official. Mr. Williams is a Mason and an Elk. [231] - * j7 .^SS-- - :v, ,.,.^k As. "V - HON. ELIHU ROOT [282] HON. ELIHU ROOT (Republican — Delegate-at-Large and probable President of Convention) Senator Root was born at Clinton, N. Y., February 15, 1845. Entering Hamilton College in I860 he graduated in 1864, and from the Law School of the University of New York in 1867, when he was admitted to the bar. He was appointed by President Arthur in March, 1883, as United States district attorney for the Southern District of New York and served until July, 1885 ; was appointed Secretary of War by President McKinley August 1, 1S99, retiring January 31, 1904; and was appointed Secretary of State July 1, 1905, by President Roosevelt, resigning that position January 27, 1909, upon his election to the United States Senate to succeed Thomas C. Piatt. Senator Root was appointed to the Alaskan Boundary Tribunal in 1903. In 1906 he was honorary president of the Pan-American Conference at Rio de Janeiro. In 1910 he became counsel for the United States North Atlantic Fisheries Arbitration ; member of the Permanent Court of Arbitration at The Hague, and president of the Carnegie Endowment for International Peace, and in December, 1913, he was awarded the Nobel peace prize for 1912. Senator Root was temporary chairman of the Republican National Con- vention of 1904, chairman of the Republican National Convention of 1912. and chairman of the New York Republican State Conventions of 190S- 10-14. In 1907 he was Dodge lecturer at Yale, and Stafford Little lecturer at Princeton. He is a trustee of Hamilton College and the Metropolitan Museum of Arts. He was president of tbe Union League Club of New York 1898-9 ; New York State Bar Association 1904-5 ; American Society International Law, 1906, and New York State Bar Association in 1910. He is an honorary member of the Inst, of Advocates of Brazil and of the A. I. A., and associate member of the Institut de Droit International : a fellow of the American Academy of Arts and Science, and a member of the American Philosophical Society, etc. Senator Root declined to become a candidate for the United States Senate a second time and has returned to New York City to engage in the active practice of law. [233] HON. WILLIAM BERRI (Republican — Delegate-at-Large) Mr. Beri'i is the proprietor of the Brooklyn Daily Standard Union, the Carpet and Upholstery Trade Review and the Furniture Trade Review. He is also sole owner of William Berri's Sons (Brooklyn carpet merchants for fifty years), and has invented several type-casting machines and other mechanical devices. Mr. Berri was a trustee of the Hudson-Fulton Cele- bration Commission, has been a delegate to Republican State Conventions for over twenty years, and was a delegate to the 1908 Republican National Convention and a delegate-at-Iarge to the Republican National Convention of 1912. [234] HON. EDGAR TRUMAN BRACKETT (Republican — Delegate-at-Large) Mr. Braekett was bora July 30. 1833, at Wilton, Saratoga county. \. V. From 1S57 to 1872 lie lived in Linn county. Iowa, in 1S7L.' he began the study of law in Saratoga Springs, was admitted to the bar in 1875 and has ever since practiced law. lie was a member of the State Senate fur fifteen years. For eight years he was chairman of the Senate Committee on Judiciary, and fur two years he was the leader of his parly on the Senate floor. [235] HON. JACOB BRENNER (Republican — Delegate-at-Large) Mr. Brenner was bom in New York city April S, 1S57. He studied law in the office of Smith & Woodward, serving under former Surrogate and Brigadier-General Jesse C. Smith. After admission to the bar he was appointed counsel for the police and excise departments of Brooklyn. He has served as police justice and as commissioner of jurors of Kings county. Mr. Brenner is now counsel to the sheriff of Kings county. He is a member of Euclid Lodge. F. and A. M. : Commonwealth Lodge, R. A. : Brooklyn Club; Montauk Club; Unity Club; Federal Republican Club of Kings County ; president of Congregation Beth Elohim, the largest Jewish organization in Kings county : delegate to every Republican State Con- vention since 1SS1, and a delegate to the Republican National Convention in ISrMi. 1900. 10114. 190S, 1012. [236] HON. ALPHONSO T. CLEARWATER (Republican — Delegate-at-Large) Mr. Clearwater was born at West Point, N. Y.. in September, 1848. His ancestors were Hollanders and Huguenots. On the maternal side be is descended from Pierre Baoudoin, tbe Huguenot exile from France, and Robert 0. Wintbrop. the statesman who succeeded Daniel Webster in the United States Senate from Massachusetts. He was admitted to the bar in 1871 and served three terms as district attorney of Ulster county ; was elected county judge of Ulster twice, and resigned in his second term to accept the appointment by Governor Black as Justice of the Supreme court in place of ^lton B. Parker, who was elected to tbe Court of Appeals bench. Judge Clearwater has written many papers and delivered frequent addresses in America, Holland and France on the influence of the Dutch and the Huguenots in the foundation of the American Republic. [237] HON. PATRICK W. CULLINAN (Republican — Delegate-at-Large) Mr. Cullinan was bora in Oswego. X. Y.. educated at Cornell University, and was admitted to tbe bar in 1S75. He lias served as city attorney of Oswego, and was a member of the Assembly, 1SS0— SI. He was appointed counsel of the State Excise Department at its formation in 1896 and successfully resisted attacks upon the constitutionality of the Excise Law. In 1901 lie was appointed Excise Commissioner. Mr. Cullinan has given much attention to the canals, harbors and waterways of the State and Nation, and organized the New York Slate Waterways Association for the purpose of securing intelligent effort in the maintenance and enlargement of State canals, and obtaining sufficient appropriations from the National Government I'm- the improvement of the harbors and waterways of the State when the government lias jurisdiction. He was the first president of the association in 1909 and 1910. [23S] HON. SETH LOW (Republican — Delegate-at-Large) Mr. Low. ninth president of Columbia College, was born in Brooklyn. January IS. 1S50. He received his early education at the Brooklyn Poly- technic Institute, and graduated from Columbia College at the head of his class in 1S70. In 1SS1 he was nominated independent candidate for the mayorality in his native city, gained a splendid victory at The polls and was re-elected in 1SS3. During this period he became prominent through bis endeavors to purity city government by introducing the method of civil service examination. Mr. Low was a delegate to the Peace Conference at The Hague in 1899, and in 1902 he became Mayor of Greater New York. Among the institutions from which he has received degrees are Harvard. Yale. Princeton, University of Pennsylvania, Amherst and University of Edinburgh. [239] HON. LOUIS MARSHALL (Republican — Delegate-at-Large) Mr. Marshall was born at Syracuse, N. Y.. on December 14. 1S56. He was graduated from the Syracuse High School, attended the Columbia Law School, and was admitted to the bar iu January, 1878. On the day of his admittance he was taken into partnership by William C. Ruger, who subsequently became Chief Judge of the Court of Appeals. He was engaged in active practice at Syracuse until 1894, when he removed to New York to become a member of the firm of Guggenheimer, Untermyer & Marshall, with which he remains actively connected. Mr. Marshall was a member of the New York Constitutional Conven- tion of 1S94 where he served on the Judiciary Committee, and was Chair- man of the Committee on Future Amendments. [240] HON. JOHN LORD O'BRIAN (Republican — Delegate-at-Large) Mr. O'Brian resides at Buffalo, N. Y., is 40 years of age, and is a member of the law firm of O'Brian. Hamlin, Donovan <£- Goodyear. He was graduated from Harvard College (B.A.) in 1S96 and from the Buffalo Law School (LL.B. ) in 1S98. He is a trustee of the University of Buffalo and one of the faculty of its Law School. He was a member of the Assembly for three terms, 1907-1909, serving in the committees on Cities, and on Ways and Means. He became United States Attorney for the Western District of New York in March. 1909. and held office until December, 1914. As t'nited States Attorney he was chiefly known for his work in the field of Interstate Commerce Law and of trust regulation under the Sherman Act. In 1913 he was Citizens candidate for Mayor of Buffalo, nominated by the local committee of One Hundred ; but was defeated by the Democratic candidate. [241] HON. HERBERT PARSONS (Republican — Delegate-at-Large) Mr. Parsons was born in New York October 2s. 1S09, the sou of John E. Parsons and Mary 1>. Mellvaiue: was educated at Everson's School. New York. St. Paul's School. Concord. N. H.. Yale University, academic department, graduating in 1S90 : University of Berlin, Germany, for one year, and the Harvard Law School for two years. He served two years as clerk in the law office of Strong & Cadwalader. in which Attorney-General Wiekersham was then a partner, and in 1S95 became a member of the Arm of Parsons, Shepard & Ogden. In 1902 the firm was succeeded by Parsons, Closson and Mellvaiue. Mr. Parsons has served as secretary of the Good Government Club of New York, Republican leader of the old twenty-fifth Assembly district and member of Congress from the thirteenth district: secretary of the General Memorial Hospital, and holds many other positions of honor and trust. He has served in the national guard, and has been judge advocate of the first brigade. [242] HON. ADOLPH J. RODENBECK (Republican — Delegate-at-Large) Judge RodenbecU, recently reappointed i >\ Governor Whitman t" the re- stored Court of Claims, was born in Rochester, N. Y.. where he attended the public schools, graduating from the Free Academy in 1881 and from the University of Rochester in 1885. He has been signally honored by the people of his native city, having served as second assistant city attorney, first assistant attorney, corporation counsel, member of Assembly and mayor. [243] HON. JACOB GOULD SCHURMAN (Republican — Delegate-at-Large) Dr. Schurman was born in Free Town. Prince Edward Island. May 22. 1S54. While attending the University of London he was successful in winning the Canadian Gilchrist scholarship, and he graduated from that institution with the degree of A.B. He continued his studies in Paris and the University of Edinburgh and later studied at the Universities of Heidel- burgh, Berlin and Gottingen and in Italy. He then came to this country and studied at Columbia. Harvard. Yale. 'Williams and Dartmouth Uni- versities. Since 1892 he has been President of Cornell University, and is widely known as an educator and author. In 1912-13 he was United States Minister to Greece and Montenegro. [244] HON. HENRY L. STIMSON (Republican — Delegate-at-Large) Mr. Stinison was born in New York September 21, IStiT. He attended Yale and Harvard Universities and Harvard Law School, receiving degrees at these institutions. lie was admitted to the bar in 1S91, and later became a member of the firms of Hoot & Clark and Root. Howard. Win- throp & Stimson. Mr. stimson was appointed United States attorney for the Southern District of Xew York, serving in that capacity from I'.mi to 1900. In 1010 he was the Republican candidate for Governor. Mr. Stimson was Secretary of War in the cabinet of President Taft. He is a member of the New Y'ork City and State Bar Associations and many elnl s [245] HON. GEORGE W. WICKERSHAM (Republican — Delegate-at-Large) Mr. Wickerslm.ru was born September 19, 1858, was a student at Lehigh University, and studied under many private tutors before taking tip the practice of law in Philadelphia. Pa., from 1880 to 1SS2. He then moved to New York and became a member of the firm of Strong & Cadwalader and remained with that firm until 1909, when lie became Attorney-General in the cabinet of President Taft. He is now a member of the law firm of Cadwalader, Wickersham & Taft. [216] HON. CHARLES H. YOUNG (Republican — Delegate-at-Large) Mr. Young was born in Brooklyn, January .'!1. 1800. and lias lived at New Rochelle since 1S.S0. He received a common school education, was admitted to the bar in 1SS1, and has been engaged in active practice ever since. He is recognized as an able lawyer and has been counsel in many important oases. Governor Levi P. Morton appointed him Deputy Attor- ney-General to prosecute election frauds. For a period of twenty-nine years Mr. Young was president of the Republican club of New York city. 1247] HON. FLOYD J. ADAMS (Republican — Fourth Senate District Delegate) Mr. Adams was born in Brooklyn, October 20. 1S6S. He received bis early education in tbe public schools of that city, afterwards graduating from St. Lawrence University and the Brooklyn Law School. Mr. Adams was a city magistrate's clerk in Brooklyn for over eighteen years. He is a member of the Kings County Republican General Committee ; Hyatt Lodge, F. and A. M. ; Society of Old Brooklynites : Fraternity Council. I. O. A. M. : Congress Club of Kings County ; National Geographical Society, as well as other civic and social organizations. l-'4S] HON. JOHN F. AHEARN (Democrat — Eleventh Senate District Delegate) Mr. Abeam was born in New York. April IS, 1S53, and was educated in tlie public schools. Fie served as clerk in various business bouses and entered public life when elected member of tbe Assembly in 1SS2. In 1899 be was elected from the old tentb Senate district to tbe upper bouse and was returned for three successive terms. He was the father of tbe legislation for pensioning widowed mothers, anil succeeded in having passed a law winch pensioned school teachers. In 1903 be was elected president of tbe borough of Manhattan for two years and was re-elected in 1905 for a four-year term. [249] HON. E. CLARENCE AIKEN (Republican — Fortieth Senate District Delegate) Mr. Aiken was I urn .Alar 0. 1856, and received his early education in the Auburn schools. He graduated from the University of Rochester, N. Y., iu 1S7T. Alter study ins in the office of the late Sereno E. Payne he was admitted to the tar in 1SS0. Since that time he has practiced law at Auburn. For eight years he was a partner of Adelbert I". Rich, who went mi to the bench in 1900. Since then Mr. Aiken has been a partner of Hull Greenfield, who became county judge of Cayuga county in 100S. [250] W ^'Sfe IL $Sm flfiSffeu ill*" aB m W HPI^- - - -^P it J^ Wgf&'k, ... . ^JaSB^W- if'itfjBai l^v^ ; 'm . JH HBl^ ^ '--'• flB Irak. tfi K '■ ■ * >^^' ' ' r "iHTii'i i / -' ! m ^SLPA ^ ■ ■■ ', . ■ ■ ■' it Wlk '• ■*".•'/ . - :r]; i HON. FRANCIS C. ALLEN (Republican — Fortieth Senate District Delegate) Mr. Allen was born in the town of Fayette. Seneca County, February 16. is.",. He was educated in the public schools there, graduated from the Albany Law School in 1SS3, was admitted to the bar the same year, and lias since practiced law at Ovid, N. Y. )1] HON. VICTOR M. ALLEN (Republican — Twenty-Ninth Senate District Delegate) Mr. Allen was born in Petersburgh, N. Y., July 14. 1S70. the son of Amos H. Allen, known as one of the staunchest Republicans of Rensselaer county. Mr. Allen was educated in the public schools of his section, the Iloosick Falls High School and Columbia College. For several years Mr. Allen was in the publishing business, and then he took up the banking business. lie was one of the organizers of the Taconic Valley Bank of P>erlin. of which he is president. In 1003 he was elected sheriff of Rensselaer county, was a member of the Rensselaer County Board of Supervisors. 190S-09, and was State Senator from the twenty-ninth district from 1909 to 1913. lie is a thirty-third degree Mason, a member of the State Grange. Troy Club, Parfaets Dael. Rensselaer County Republican Club and Troy Lodge of Elks. I -•■"-21 HON. EDWARD M. ANGELL (Republican — Thirty-Third Senate District Delegate) Mr. Angell was born in the town of Moreau, Saratoga comity, of Quaker ancestry. His father was a well-known minister in the Society of Friends. Mr. Angell received his early education in the common schools and Glens Falls Academy. He graduated from Haverford (Pa.) College in the class of 1890, and was admitted to the liar in 1S02. He later graduated from the University of Minnesota. For a time Mr. Angell was employed in the editorial department of the AVest Publishing Com- pany of Minneapolis upon legal publications. In ISO" he returned to Glens Falls, where he has since practiced law. Mr. Angell is a director and attorney for the Glens Falls Trust Company, vice-president of the Glens Falls Country Club and a member of various other organizations. [253] HON. H. LEROY AUSTIN (Republican — Twenty-Seventh Senate District Delegate) Mr. Austin was born at Catskill, November 8, 1873, where he still retains his residence. He was educated in the Catskill public schools, Catskill Academy and in the law department of Union College. He is a member of the law Arm of Visseher, Whalen & Austin of Albany, and is attorney for the New York Central and Boston & Albany railroads. He has been district attorney of Greene county, and was Forest, Fish and Came Com- missioner under Governor Hughes. [254] HON. ARTHUR J. BALDWIN (Democrat — Thirteenth Senate District Delegate) Mr. Baldwin was born at Cortland, N. Y., August 20, 1S68. He was educated at the Cortland Normal School and graduated from Cornell "University in 1892 with the degree of A. B. After he was admitted to the bar he first practiced in North Tonawanda. In 1897 Mr. Baldwin began the practice of law in New York and is now a member of Griggs, Baldwin & Baldwin in Fine street. [255] HON. WILLIAM P. BANNISTER (Republican — Sixth Senate District Delegate) Mr. Bannister was born in New York in 1S65 and received bis early education in the public schools of that city, lie is an architect by pro- fession and chairman of competitions for the territory of Long Island for the American Institute of Architects. Mr. Bannister has served on the committee on building codes and consolidation of means. He is a member of the firm of Bannister & Schell, New York. [256] HON. WILLIAM BARNES (Republican — > Twenty-Eighth Senate District Delegate) Mr. Barnes comes of distinguished ancestry, and was born in Albany in I860. His father was William Barnes, a prominent lawyer of Albany, for ten years the first Superintendent of Insurance In the State of New York. His mother was Emily Weed Barnes, daughter of Thurlow Weed. Editor of the Albany Evening Journal, and a Whig, and later a Republican leader of great ability and influence from 1830 to 1872. Mr. Barnes was educated in the Albany Academy from which he graduated and then went to Harvard College taking the degree Magna cum Laude. He studied there political science, philosophy and history. Mr. Barnes owns, and is editor-in-chief of. the Albany Evening Journal, and has taken all his life a deep interest in Republican politics, having given up the chairmanship of the Republican State Committee in 1911. He has held several public positions and was Delegate-at-Large to the Republican National Convention at Chicago in 1912. [2o7] HON. HENRY R. BARRETT (Republican — 'Twenty-Fourth Senate District Delegate) Mr. Barrett was born August 19. 1869, at Bedford. Westchester county, and was educated in the public schools and at Bedford Academy. He graduated from Lafayette College in 1890. After studying law in the office of Close & Robertson. White Plains, he was admitted to the bar in 1892. He entered the firm on the death of Mr. Close in 189-i and on the death of Mr. Robertson, in 1898, formed a partnership with Monmouth Bucklen and Edward P. Barrett, a brother. The firm still continues. For the past twenty years Mr. Barrett has been engaged largely in litigation over land taken for water supply purposes for New York. [258] HON. CALEB H. BAUMES (Republican — Twenty-Fifth Senate District Delegate) Mr. Emmies -was born in the town of Bethlehem, Albany county, March 31, 1863. He was graduated from Fort Edward Collegiate Institute in 1833 and then taught school in Albany and Orange counties. He was admitted to the bar in 1800. when he went to Xewburgh to practice law. in which profession he is still engaged. He is a member of several fraternities. Mr. Baunies was a member of the Assembly from 1009 to 1013. inclusive, and for eight years was a member of the Xewburgh board of education. [250] HON. WILLIAM R. BAYES (Republican — Eighth Senate District Delegate) Mr. Bayes is a lawyer by profession. He was graduated from Wesleyan University with the degree of A.B. in 1001 and from Columbia Law School with the degree of LL.B. in 1905. He is a member of the American Bar Association and Xew York City Lawyers' Association. [260] HON. SAMUEL H. BEACH (Republican — Thirty-Sixth Senate District Delegate) Mr. Beach was born in Philadelphia, N. Y., August 27. 1863. He was educated in the public schools of Rome. N. T.. and graduated from Rome Academy in 1880. In that year he entered the employ of <;. V. Selden. a lumber merchant of Rome, and thirteen years later be purchased the business with his brother, now conducting the same under the name of the Beach Lumber Company. Mr. Beach is president of the Rome Savings Bank and is identified with many clubs and societies. For several years he served as Manager of the Rome State Custodial Asylum. He was the first president of the Romo- hawks, a Rome boosting organization. Mr. Beach is a member of the Em- pire State Society of the Sons of the Revolution, and a former president of the Rome Club. [261] HON. GORDON KNOX BELL (Republican — Seventeenth Senate District Delegate) Mr. Bell was born in New York. February 19, 1X71. He attended the Grotun School and Harvard University, from which he was graduated in 1S93 with the degree of A.B. In 1N9<> lie received the degree of LL.B. from Harvard University. In 1899 he married Miss Marion Mason Crafts, and has a son Gordon Knox Bell, Jr. Mr. Bell was admitted to the New York bar in 1897 and at once began to take an active part in Republican politics. He is treasurer of the Republican Committee from the Twenty-ninth Assembly district ; a member of the New York Bar Association ; the Board of Directors of the Society of the Prevention of Cruelty to Animals; the St. Nicholas Society; the Phi Beta Kappa Alumni Association: the Union, University, Harvard. Tuxedo, and Turf and Field clubs. Mr. Bell has recently been named manager of the House of Refuge on Randall's Island. He is also much interested in the Boy Scout move- ment. [2G2] HON. J. SIDNEY BERNSTEIN (Democrat — Nineteenth Senate District Delegate) Mr. Bernstein was born May 0, 1N77. and received his education at Queen's University, Canada, and the New York University Law School. He was admitted to the bar in 1902 and has since been practicing law in Xew York city. Mr. Bernstein is a member of many social and fraternal organizations. He has been identified for many years with the Democratic party and was elected a member of the Assembly from the thirty-first dis- trict in 100."i. He held the office of transfer tax appraiser in New York county in 1007 and 100S. [263] HON. CHARLES H. BETTS (Republican — Forty-Second Senate District Delegate) Mr. Betts was born April 14, 1863, at Walcott, near Red Creek. He was educated in the North Walcott district school, Leavenworth Institute and Adrian College, Mich. During his early career he was employed as a clerk in general stores of his home town. From 1S94 until 1906 he was Deputy Clerk of the Assembly and also served as chief of the revision department for six years and of the engrossing department for two years. Mr. Betts is an able journalist and is owner and editor of The Lyons Republican of Lyons, N. Y.. which he purchased in 1897. He has been indorsed by the people of Wayne county to succeed the late Congressman Sereno E. Payne in Congress from the thirty -sixth district. [264] HON. GEORGE A. BLAUVELT (Democrat — Twenty-Third Senate District Delegate) Mr. Blauvelt was bora in Rockland county, N. Y., November 11, 1866. He prepared for college at Chappaqua Mountain Institute and was gradu- ated from Cornell University in 1890. He attended the Columbia Law School and was admitted to the bar in 1S92. From 1S94 to 1906 he was a member of the firm of Graft' & Blauvelt. In 1910 he was elected to the Assembly and served two terms. In 1912 he was elected to the State Senate from the twenty-third district and served one term. In 1913 he was chairman of the Senate committee on public education, and in 1914 was chairman of the Senate committee on judiciary. Recently Jlr. Blau- velt formed a law partnership with former Attorney-General Carmody, and former Supreme Court Justice Joseph A. Kellogg, with offices in New York City. [265] HON. GEORGE L. BOCKES (Republican — Thirty-Seventh Senate District Delegate) Mr. Bockes was born near Skaneateles. and is 42 years old. He repre- sented the Otsego district in the Assembly of 1914. serving on the judiciary, education and commerce and navigation committees. Mr. Bockes took the degree of A.B. from Cornell University, then studied law, was admitted to practice and has since had his law office in Oneonta. T266] HON. GEORGE H. BUNCE (Republican — Thirty-Second Senate District Delegate) Jlr. Bvmee was born in the town of Russia. Herkimer county, October 21, 1865. His ancestry were of German. Dutch and English origin, and he is a descendant of Lodewick Buuce. who enlisted in the Second Regiment of the Line in the Revolutionary War. at Poughkeepsie. N. Y. He was educated in local schools, and Fairfield Seminary, graduating in 1884. He studied law in the office of Hon. Edward A. Brown, of Herkimer, X. Y.. who was a delegate to the Constitutional Convention of 1894, was admitted to the bar in 1891, and was appointed clerk of the surrogate court of Herkimer in 18(H). which position he occupied for six years. He was for several years a member of the Republican judicial district committee of the fifth judicial district. [2t>7] HON. NATHAN BURKAN (Democrat — Twentieth Senate District Delegate) Mr. Burkan was born November S, 1S78, educated in the New York City public schools, College of the City of New York and New York University. admitted to the bar July IT. 1900, and is a member of the State Bar Association and American Bar Association. [26S] HON. ISIDOR BUXBATJM (Republican — Fourth Senate District Delegate) Mr. Buxbaum. a member of tbe law firm of Mann, Buxbaum & Schoenherr. is 39 years old. He was educated in the public schools of New York city, graduated from the New York Law School in 1S99 with the degree of LL.B.. and was admitted to the bar a year later. He is a member of the Kings County Eepublican General Committee. [269] HON. EDWARD J. BYRNE (Democrat — Fifth Senate District Delegate) Mr. Byrne was born in Brooklyn, N. Y., March 2."i, 1874. He was edu- cated in the public schools and Brooklyn Polytechnic Institute, from which he graduated in 1S93. He studied law at the New York Law School and was admitted to the bar in 1899. He is the son of John H. Byrne, chief clerk of the Appellate Division, Second Department. Mr. Bryne served during the Spanish American War with Troop C of Brooklyn. [270] HON. GEORGE CLINTON, SR. (Republican — Forty-Eighth Senate District Delegate) Mr. Clinton was born at Buffalo, September 7. 1S46. He received his edu- cation in the public schools of his native city and was given the degree of LL.B. by Columbia University in 1SGS. He has practiced law in Buffalo since 1S75 and is now the senior member of the law firm of Clinton, Clin- ton & Striker. He has been a member of various committees to investigate the expenditures upon canal improvements and is associated with a num- ber of organizations, including the Buffalo Chamber of Commerce, The American Society of International Law. the American Academy of Political and Social Sciences and the Permanent International Association of Navigation Congresses. [271] HON. D. RAYMOND COBB (Republican — Thirty-Eighth Senate District Delegate) Mr. Cobb was born May 16, 1871, at Bingham, Pa. He was educated at the Genesee Wesleyan Seminary, Lima, N. Y., and at Syracuse Uni- versity, where he studied law. He was admitted to the bar in 1895 and has practiced law in Syracuse since that time. He is now a member of the firm of Wilson. Cobb & Ryan. [272] HON. FRANKLIN A. COLES (Republican — First Senate District Delegate) Mr. Coles was born at Glen Cove, L. I. He graduated from Cornell University in 1884, from the law department of the University of Penn- sylvania in 1888 and was admitted to the bar in Philadelphia. In 1900 he was admitted to practice in New York State. For nineteen years he has been a member of the board of education of Glen Cove. Mr. Coles is a trustee of the Glen Cove public library and a member of the board of trustees of Friends Academy, Locust Valley. From 1905 to 1911 he was district attorney of Nassau county. N. Y. [273] HON. RICHARD H. CURRAN (Republican — Forty-Sixth Senate District Delegate) Mr. Curran was born in Seneca Falls, June 28, 1S6T>. He moved to Rochester in 1870 and obtained his early education in the German parochial and public schools. He is a molder by trade and has represented his union at many conventions. He has served as a member of the State Com- mission to Regulate Sanitary Conditions in Foundries, also on the Wagner Factory Investigating Committee. [274] HON. JAMES H. DAHM (Democrat — Fifth Senate District Delegate) Mr. Dahm was born in Brooklyn, October 15, 1868. In bis early youth he entered the employ of a Brooklyn ship building firm, being connected with the draughting department. Later he learned the printer's trade. Mr. Pahm is now president of Typographical Union No. of New York city, and one of the few delegates representing organized labor. [275] HON. MICHAEL DALY (Democrat — ■ Fifth Senate District Delegate) Mr. Daly was bom in Brooklyn in 1S70, and was educated in the public schools and at Brown"s Business College. He is a member of the oldest florist 'family in New York and after the death of his father. James Daly, which occurred in 1903. he succeeded him in business. Mr. Daly is active in civic affairs and is a member of a number of civic and fraternal organizations. [276] HON. OTIS A. DENNIS (Republican — Thirtieth Senate District Delegate) Mr. Dennis is a leading lawyer of Whitehall. He was admitted to the bar in 1SS0, after reading law in the office of Tanner & Potter, and acted as court stenographer for a few years. When the Court of Appeals, Second Division, was organized he was appointed consultation clerk and librarian, continuing until the court completed its work in 1S92. Since then he has practiced at Whitehall where he has also served as a member of the board of education. Mr. Dennis was born in Norwich, Conn., but moved to Whitehall at an early age, where he got his preliminary education. [277] HON. ISRAEL T. DEYO (Republican — Thirty-Ninth Senate District Delegate) Mr. Deyo was born in Union. Broome county. January 28. 1S54. After graduating from the Binghamton High School he entered Amherst College, from which he graduated with the degree of A.B. in 1879. Mr. Deyo was principal of Whitney Point Academy and instructor in the Cortland State Normal School from 1879 to 1882. He was admitted to the bar in Janu- ary, 1SS3. He represented Broome county in the Assembly from 1890 to 1894, and was appointed by Governor Flower on a commission with the late Judge W. L. Learned of Albany and Dr. Austin Flint of New York, to investigate the Elruira Reformatory. Mr. Deyo has been actively en- gaged in the practice of law since his admission to the bar and is the senior member of Deyo & Hitchcock. [278] HON. HOMER E. A. DICK (Republican — Forty-Sixth Senate District Delegate) Mr. Dick was born at Three Mile Bay, Jefferson county, March 22. 1S84. He was educated at Watertown High School. Then he taught school for a year and in 1903 removed to Rochester where he took up the study of the law. Mr. Dick was admitted to the bar in November, 1900, is now prac- ticing in Rochester, and is secretary of the Rochester Bar Association. [279] HON. JAMES F. DONNELLY (Democrat — Twenty-First Senate District Delegate) Mr. Donnelly was born at New Britain, Conn., in 1877 ; received his education at the parochial school in that city ; entered the public high school in 1891 and graduated in 1895 ; entered Holy Cross College at Wor- cester, Mass., in 1896 and graduated in 1899, receiving the degree of Bachelor of Arts. He took a degree course at St. Francis Xavier College, New York City, and received a degree of Master of Arts therefrom in the year 1900. Fie was admitted to the bar in 1902. [280] HON. PETER DONOVAN (Democrat — Twenty-first Senate District Delegate) Mr. Donovan who is editor of the North Side Tfeies, a Bronx daily, was born in New Tork. and educated in the parochial schools. He entered newspaper work after leaving college and was employed on several metro- politan dailies. He served in the Assembly in 1910. Mr. Donovan was the originator of the local short fiction story for newspaper use in New York. [281] HON. JOHN T. DOOLING (Democrat — 'Sixteenth Senate District Delegate) Mr. Dooling was liorn in New York, February 22, 1S71, and received his early education in the parochial schools and public schools of New York city. He graduated from the New York Law School in 1S9S. being one of the honor men. In 1901 he became the law partner of his former employer, Charles H. Knox, and has practiced his profession in New York since. He was a member of the Legislature in 1901, 1902 and 1903. He was one of the commissioners of election and president of the board of elections of New York from January, 1907, to January, 1911. He has been a member of the law committee of Tammany Hall for many years. [2S2] HON. EDGAR M. DOUGHTY (Republican — Eighth Senate District Delegate) Mr. Doughty was born at Matteawan, X. Y., now Beacon. May 19, 1867. He attended the Matteawan public schools and private academies and entered the University of Michigan from which he graduated with the degree of A.B. in 1890. He took a post graduate course of one year in political philosophy and received the degree of A.M. in 1891 ; studied law in Brooklyn and the New York Law School and was admitted to the bar May 11, 1S93. Mr. Doughty has resided in Flatbush. N. Y., for twelve years and is a member of several clubs and organizations. [283] HON. CHARLES M. DOW (Republican — Fifty-First Senate District Delegate) Mr. Dow was born at Randolph in this State, August 1, 1S54. He was graduated from Oberlin College in 1871 and studied law at Randolph for three years. On January 12, 1876, he married Eleanor Jones. He has been in the banking business since 1876, and is connected with several banks and trust companies in New York and the western part of the State. Mr. Dow is a member of the American Forestry Association, the New York State Forestry Association, Chamber of Commerce of the State of Xew York, executive board of the American Civic Association, and other organi- zations. He is the author of "A Century of Finance and Commerce " 1006, "A History of the State Reservation at Niagara," 1914, and is a contributor to periodicals. [284] HON. MICHAEL J. DRUMMOND (Democrat — Thirteenth Senate District Delegate) Mr. Drummond was born in Jersey City, and his family removed to Manhattan in his infancy. He was educated in the schools of the Christian Brothers and graduated from Lie La Salle Institute. Since 1879 he has been an iron manufacturer. Mr. Drummond is vice-president of the Emigrant Industrial Savings Bank, president of the Nassau County Water Compauy, member of the Chamber of Commerce, the Manhattan. Hardware and Catholic clubs, member and ex-president of the Friendly Sons of St. Patrick, commissioner of public charities from 1910 to 1913. He received the degree of LL.D. from Villa Nova College in 1912. [2S5] HON. W. BARLOW DUNLAP (Republican — Thirty-First Senate District Delegate) Mr. Dunlap was born in the town of Charleston, Montgomery county, November 9, 1856. He moved to Amsterdam in 1S75, where he received his education in the public schools and the Amsterdam Academy and taught school for three years. He was principal of the school at Port Jackson for two years. While teaching Mr. Dunlap read law and was admitted to the bar at Saratoga in September, 1SS0. He began the practice of law the following November in Amsterdam. In 18S0 and 1S91 he was a member of the Assembly from Montgomery county and for twelve years from January 1, ]895, was surrogate of Montgomery county. [280] HON. WATSON T. DUNMORE (Republican — Thirty-Sixth Senate District Delegate) Mr. Dunmore, lawyer, financier and corporation official of Utica, was born March 28, 1845, at Rush, Pa. He was educated at Montrose, Pa., High School. Wyoming Seminary and Wesleyan University, graduating from the latter in 1871. He was principal of the Bradford, Vt, High School for two years and then took up law, studying in the office of ex-Governor Farnhani, and in June, 1874, was admitted to the Vermont bar. He was later superintendent of the Hornellsville, N. Y., schools. Shortly after this he was admitted to the New York bar and commenced his practice in Utica with S. M. Lindsay. In 1883 the firm became Searle, Dunmore & Willis ; in 1888, Dunmore, Sholes & Ferris, and in 1907, Dun- more & Ferris. He served as special county judge of Oneida from 1886 to 1892, and county judge from 1892 to 1904. T2N7] HON. WILLIAM N. DYKMAN (Democrat — Seventh Senate District Delegate) Jlr. Dykman was graduated from the United States Military Academy at West Point in 1875 and was appointed a lieutenant in the United States army. He resigned, was admitted to the New York bar and has since practiced his profession in Brooklyn. He served as a New York city civil service commissioner from January 7. 189S. to January 1, 1902. when he resigned. He is a director of the Brooklyn City Railroad, the Brooklyn Eagle. Brooklyn Trust Company, Bush Terminal. Erie Elevated Company and Brooklyn Academy of Music : is a member of the following clubs : Hamilton, Montauk, Piping Rock and Nassau County, and president of the Riding and Driving Club. Mr. Dykman is a member of the law firm of Dykman. Oeland & Kuhn, with whom ex-Chief Justice Edgar M. Cullen is associated. [288] HON. JOSEPH E. EGGLESTON (Republican — > Fortieth Senate District Delegate) Mr. Eggleston is a lawyer by profession having been admitted to the bar in 1875. He practiced in Cortland, was surrogate of Cortland county in 1S89, and is having served twenty-seven consecutive years. elected county judge and still holding those offices, [2S9] HON. MARK EISNER (Democrat — Eighteenth Senate District Delegate) Mr. Eisner was born in New York, December ~\~>. 1885. He received his early education in the public schools of his native city : attended the College of the City of New York and graduated with the degree of B.A. While studying law iu the New York University he taught school. He graduated in 1907 and has since practiced his profession. He was elected to the Assembly in 1912 from the seventeenth district on the Democratic ticket: and in 1913 he was re-elected, being the nominee of both the Democratic and Progressive parties. [290] HON. MAT ENDRES (Democrat — Forty-Ninth Senate District Delegate) Mr. Eudres was born in Buffalo. July (i. 1S52. and was educated in the parochial and public schools. In 1S72 he began the study of law and was admitted to the bar in is,." second Erie district and as In 1NT2 he began the study He has served as Assemblyman from the old Senator from the old thirty-first Erie district. [291] HON. THEODORE C. EPPIG (Democrat — Ninth Senate District Delegate) Mr. Eppig was born in Brooklyn. February 11, 187". After leaving college lie entered the law office of Moffett & Kramer. Later he became the manager of his father's brewery business. He served as a school com- missioner under Mayor George B. McOlellaa. Mr. Eppig has been a dele- gate to all the Democratic State and National Conventions of recent years. [292] HON. SAMUEL H. FANCHER (Republican — Thirty-Ninth Senate District Delegate) Mr. Fancher was born at Walton. January 1, 1840, the son of William H. and Hannah E. Fancher, and his ancestors in both branches of the family were in the Revolutionary war and among the first settlers of Walton, emigrating from New Canaan, Conn. Mr. Fancher is a graduate of Walton Academy, graduated from the Albany Law School in 1S72 and has since been engaged in the practice of his profession in his native town. With the exception of six years when he was district attorney, he has never been an aspirant for public office. He was for twelve years engaged in the practice of law with Justice Sewell until the elevation of the latter to his present position on the bench. Then he formed a partnership with William F. White which continued for a number of years. His present firm is Fancher & Fancher. the junior partner being his son. Samuel H.. Jr. [293] HON. ALAN C. FOBES (Republican — Thirty-Eighth Senate District Delegate) Mr. Fobes was mayor of Syracuse for six years, 1905-1910, inclusive. Previously he hail been president of the common council for two years. He is a large owner of real estate and since retiring from public life has been engaged in the Are insurance business. When mayor, Mr. Fobes made a close study of municipal questions and his administration was efficient and economical. He has been president of the Chamber of Com- merce, active in charity work, and is an enthusiastic patron of baseball and other outdoor sports. [294] HON. MICHAEL FOGARTY (Democrat — Seventh Senate District Delegate) Mr. Fogarty was born at Fall River. Mass.. in 1855. For the past twenty-rive years he has been engaged in the manufacturing of steam boilers in New York City, has numerous business connections, is active in Democratic politics and is a member of many Brooklyn organizations. [295] HON. JAMES A. FOLEY (Democrat — Fourteenth Senate District Delegate) Mr. Foley was born in New York. He is a graduate of the College of the City of New York and of the New York Law School. Mr. Foley was a member of the Assembly from the twelfth district from 1907-1912, inclusive. Then he was elected Senator from the fourteenth district at a special election to succeed the late Senator Thomas F. Grady. Senator Foley is the author of the bill which created the preliminary commission to prepare data for the Constitutional Convention. [296] HON. LEWIS H. FORD (Republican — Thirty-Fifth Senate District Delegate) Mr. Ford was born at Lafargeville. August 15. 1S77. He graduated from Colgate College in 1896 and studied law in the office of his father, TVayland F. Ford, in his home village. He practiced as a member of the firm of Ford & Ford at Lafargeville until 1005 and since then has been engaged in practice at Clayton. He was Republican candidate for county judge of Jefferson county in 1912. [207] HON. EDWARD E. FRANCHOT (Republican — Forty-Seventh Senate District Delegate) Mr. Franchot was born iu Titusville. Pa.. March 4. 1SS1. where he lived until three years of age. His father then moved to Buckingham. Que. Mr. Franchot's early education was acquired in the schools of that city until he was fourteen years old. when he entered Upper Canada College in Toronto. He graduated from Phillips Exeter Academy in 1S9S and from Harvard in 1004 with the degree of B.A. He was admitted to the liar the same year and first went into the office of Hornblower. Byrne, Miller & Potter, New York, and later he became associated with the firm of Bissell. Cary & Cooke of Buffalo. Mr. Franchot has resided iu the city of Niagara Falls since 1908, when he entered the firm of Cohn & Chormann. T2!)S] HON. PHILIP FRANK (Democrat — Second Senate District Delegate) Mr. Frank was born in Winfield. September IT. 1S73. He was educated in tbe public schools, the College of the City of New York, and the Now York Law School. On November 3. 1898, he was admitted to the bar. During the years 1904. 1905 and lfKXS he served as assistant corporation counsel of New York, and was transfer tax appraiser in the county of Queens during 1907-1914. He is a member of the law firm of Gregg & Frank. Long Island City, N. Y. [299] HON. ALBERT F. GLADDING (Republican — 'Thirty-Seventh Senate District Delegate) Mr. Gladding was born in Pharsalia, Chenango county. December 3, 1843. the son of James C. and Mary Ann (Fargo) Gladding. He was educated at the Norwich Academy and read law with Judge David L. Follett. He was county judge and surrogate of Chenango county from 1SS9 to 1S9U when he was elected justice of the Supreme Court in the sixth judicial district. Judge Gladding retired from the Supreme Court bench in December, 1913. [300] HON. GEORGE E. GREEN (Republican — Thirty-Ninth Senate District Delegate) Mr. Green was born August 30. 1858, at Kirkwood. Broome county. He has been a resident of Bingliamton since 1876 and for many years was in the wholesale coal business, then being vice-president of the Bingham- ton Railway Company. Mr. Green was honored for rive years as mayor of Binghamton, and prior to that time he was park commissioner, alderman and chairman of the common council. He served as State Senator for a number of years and was a member of the commission which investigated the barge canal. He was at one time president of the Binghamton board of trade. Mr. Green is a thirty-second degree Mason, past executive officer of the Great Council of the United States. Improved Order of Red Men. He is chairman of the National Orphans' Board and a member of the commission on pensions of widowed mothers and child welfare. [301J HON. CLARENCE H. GREFF (Republican — Forty-Fourth Senate District Delegate) Mr. Greff was born at Bennington, N. Y., November oO. 1S7:j. lie was educated at the Attica High School of Attica at which place he resided until lie commenced the study of law. He was admitted to the bar at Rochester in October, 1805. since which time he has resided and been engaged In the practice of his profession at Warsaw. Mr. Greff is a trustee of Warsaw and a member of the Republican County Committee of Wyoming county, of the Wyoming County Bar Association and of the Xew York State Bar Asso- ciation. He is prominent in fraternal circles, being a past master of War- saw Lodge F. and A. M. No. 540. a past high priest of Wyoming Chapter No. 181. R. A. M., a member of Batavia Comniandery, K. T. No. 34, of l'.atavia. and also a member of Damascus Temple. A. A. O. X. M. S. of Rochester. [302] HON. ANTHONY J. GRIFFIN (Democrat — Twenty-Second Senate District Delegate) Mr. Griffin, who has served us a Democratic Senator from the twenty- second district, was horn in New York city. He was educated in the public schools and later began his course as a civil engineer. Subse- quently he took up the study of law at New York University and was graduated in 1S92. .Air. Griffin has heen active in National Guard affairs and is a member of many legal, fraternal and social organizations. He has written anil lectured on political and economic subjects and has been a member of several Senatorial committees. [303] HON. LOUIS F. HAFFEN (Democrat — Twenty-Second Senate District Delegate) Mr. Haffen was born November 6, 1854. at Melrose, Westchester county. N. T. He attended the village schools and in 1SGS entered St. John's College, Fordham, which he left the following year tor spend two years at Niagara University. In 1S71 he returned to Fordhara where he received the degree of A.B. in 1875 and A.M. two years later. He attended the School of Mines, Columbia College, and was graduated in 1S79 with the degree of C.E. Mr. Haffen practiced in and around New York and then spent two years in the west. Returning to New York he was employed in the department of parks. In November, 1803, he was elected commis- sioner of street improvements in the Bronx. In 1807 he was elected the first borough president of the Bronx, and re-elected for four terms, serving in all twelve years. [304] HON. LEDYARD P. HALE (Republican — Thirty-Fourth Senate District Delegate) Mr. Hale was born in Canton, St. Lawrence county, N. X., May 17, 1854. the son of Horace Winthrop Hale and Betsey Russell (Lewis) Hale. He received the degree of B.S. from St. Lawrence University upon graduation, and of LL.D. in 1912 ; and LL.B. from the University of Wisconsin in 1S7S. He was assistant district attorney of St. Lawrence county 18S2-1SSS, and district attorney 1S94-1S99. He was appointed county judge in October, 1902, by Governor Odell, and elected county judge in November, 1903, re- signing in 1908 to become counsel of the Public Service Uommission, which position he still holds. He was appointed a member of the State Board of Charities by Governor Hughes in May, 1907, resigning when appointed counsel to the commission. He is a member of the State Bar Association, the American Bar Association, the American Academy of Political and Social Science and many other prominent organizations. [305] HON. ABRAHAM HAROWITZ (Democrat — Eleventh Senate District Delegate) Mr. Horowitz was born May 8, 1S79, and was educated in the public schools of New York. After attending the College of the City of New York for three years lie began to study law at the University Law School. He was graduated in 1900 and was admitted to the bar April 18, 1901. He now has his office in Broadway, New York. In 1005 he was elected to the Assembly from the eighth district and was re-elected in 1900. He refused to serve a third term. [306] HON. WILLIS E. HEATON (Republican — Twenty-Ninth Senate District Delegate) .Air. Heaton was born in Cicero. Onondaga county, September 15, 1S61. He parsed bis early lite in Mexico. N. Y.. where be graduated from the Mexico Academy in IsTs. lie later entered Madison, now Colgate. Uni- versity, but was compelled to leave before the close of the final year on account of ill-health. Mr. Heaton studied law with George <:. Finch and J. W. Skinner, then surrogate at Mexico, and later became clerk of the surrogate's court of Oswego county. He entered the Albany Law School in 1SS2 and was admitted to the bar in 1SS3. Mr. Heaton began the practice of law at Hoosick Falls. In 1S9S be was elected supervisor of the town of Hoosick and was later chairman of the board. In 1901 he was elected surrogate of Rensselaer county. In 1897 be published "Heaton's Surrogate Court'' and in 1914 he published a revised edition under the new " Surrogates Act." In 1912 be was made chairman of the commission created by the Legislature to revise the surrogates practice. [307] HON. HARRY HEYMAN (Democrat — Ninth Senate District Delegate) Mr. Heyman was born in Bethlehem, Pa., October 13. 1S75, his parents moving to Brooklyn when he was six months old. He attended public school No. 23 from which institution he graduated. Mr. Heyman has served three terms as member of Assembly and has been a member of banks, penal institutions and public health committees. He was chairman of the committee on banks in 1912. He was also the chairman of the committee on cities. Mr. Heyman is engaged in the real estate business. [308] HON. HAROLD J. HINMAN (Republican — Twenty-Eighth Senate District Delegate) Mr. Hinman was born in Albany. February 22, 1S77. the son of Addi- son J. Hinman. secretary of the Commerce Insurance Company. Mr. Hinman is the Republican leader on the floor of the Assembly and has represented the first Assembly district of his native county since 1910. Mr. Hinman was educated in the public schools of Albany, Union College from which he graduated in 1S99, winning the senior oratorical prize and scholarship in the Albany Law School and graduated from the latter in- stitution in 1901. He has since practiced his profession in Albany. He is a member of the Albany, University, Young Men's Kepublican and the Unconditional clubs, and is a member of the Alpha Delta Phi fraternity. [309] HON. JOHN H. JOHNSON (Republican — Forty-Second Senate District Delegate) Mr. Johnson was born at Canandaigua, August 2, 1853. and attended tue public schools of that place. He later took a course at the Canandaigua Academy and Hobart College. He left college at the end of his third year and entered the law office of Smith & Hamlin at Canandaigua. In 1879 he was admitted to the bar. Mr. Johnson moved to Penn Yan in 1882, and has since lived in that village. Until the year 1899 he practiced his pro- fession and was associated with A. W. Franklin and John T. Andrews in negotiating loans on real estate. [310] HON. FRANK M. JONES (Republican — Forty-Fifth Senate District Delegate) Mr. Jones was born in the town of Webster, Monroe Comity, November IS, 1S47. He received his education in the public schools, and while a young man started business as a merchant at Webster. For a quarter of a cen- tury he has conducted a department store and is known as a successful business man and a student of town and county affairs. He was supervisor of his town for five years, represented the first district of Monroe county in the Assembly in '90, '91, and '92, was elected county treasurer of Monroe county in the fall of 1909 and served in such capacity during 1910, 1911 and 1912. [311] HON. THOMAS A. KIRBY (Republican — Forty-Seventh Senate District Delegate) Mr. Kirby was born in Albion. He has served four consecutive terms as police justice and was deputy clerk of the Assembly in 1896. He was dis- trict attorney of Orleans county from 1S99 to 1902, and has acted as special district attorney by appointment of the Supreme Court in the investiga- tion of alleged malfeasances of public officers. He was treasurer of the board of managers of the Western House of Refuge for Women. Mr. Kirby is at present engaged in the practice of law in Albion. [312] HON. HIRAM M. KIRK (Democrat — Fourteenth Senate District Delegate) Mr. Kirk, who is a lawyer by profession, with offices on Fulton and Nassau streets. New York city, was born in that city in 1S71 and is a graduate of the public schools there and of the New York Law School from which he received the degree of LL.B. He is a member of several bar associations and many clubs. Mr. Kirk makes a specialty of corpora- tion law and surrogate's practice. [313] HON. OLIN HENRY LANDRETH (Republican — Thirty-first Senate District Delegate) Mr. Landreth was born at Addison, Steuben county, July 21, 1852, the son of the Rev. James and Adelia (Cornstoek) Landreth. His elementary and intermediate education was received at Sodus Academy, Dundee Academy, Penn Yan Academy, Rushville Academy and the Canisteo Acad- emy. Mr. Landreth spent many years in the practice of civil engineering and then entered Union College, from which institution he has received the degrees of C.E., A.B., and A.M. For two years he was first assistant astronomer at the Dudley Observatory. He was later professor of engineer- ing at the Vanderbilt University. In 1894 he resigned to accept the pro- fessorship in civil engineering at Union College which position he still occupies. [314] HON. ALMET R. LATSON (Republican — 'Eighth Senate District Delegate) Mr. Latson is a lawyer of ability and resides in Brooklyn. A few years ago he was Republican candidate for .Supreme Court justice. Mr. Latson is a former president of the Union League Club and is connected with many other organizations. [31.3] HON. ROBERT R. LAW (Republican — Thirtieth Senate District Delegate) Mr. Law was born in the town of Jackson, Washington county, Novem- ber 30, 1S54. He was educated in the common schools and the Cambridge Washington Academy. He taught school for two years and then entered the office of The Washington County Post, with which paper he was con- nected for fifteen years. In 1SSS he was appointed one of the official stenographers of the Supreme Court for the fourth judicial district, which position he still holds. He was admitted to the bar in 1891. [316] HON. TIMOTHY A. LEARY (Democrat — Twentieth Senate District Delegate) Mr. Leary was born in Enfield. Conn., December 12, 1S73 ; obtained his preparatory education at Williston Academy ; graduated from Yale Uni- versity in 1900; from Yale Law School in 1902, and has been practicing law in New York City since the latter date. [317] HON. JOHN C. LEGGETT (Republican — Forty-Fourth Senate District Delegate) John C. Leggett was born in Oswego, N. Y.. in 1858, and graduated from the Missouri State University in 1SS3 with a degree of A.B. He was admitted to the bar of New York in 1SS5 and has practiced law at Cuba ever since. Since 1899 Mr. Leggett has been president of the Cuba Na- tional Bank. [318] HON. GEORGE A. LEITNER (Democrat — Twenty-Third Senate District Delegate) Mr. I.eitner was born in Pierpont in 1865. At the use of thirteen he entered Fordham Preparatory School and in 1SS1 entered the college, from which he graduated in 1SS5, with the degree of A.B. Later he was given an A.M. degree by the college. He is also a graduate of the Eellevue Hospital Medical College. He has served as house surgeon in the St. Francis Hospital, Nyack, and is now surgeon in the Xyaek hospital, where he has met with remarkable success. He is a trustee of Pierpont Village and a member of the school board. [310] HON. FRANK R. LENNOX (Republican — Thirty-Seventh Senate District Delegate) Mr. Lennox was born in New York, April 2, 1S73. "With his mother he moved to Canastota in 18S3, where he received his early education in the public schools. He later attended Union University. In 1000 he took up his residence in Syracuse and studied law in the office of Beach, Barnum & Spicin. In 1001 Mr. Lennox was admitted to the bar and since that time has been practicing law in Syracuse, although his home since his marriage has been in Chittenango. [320] HON. LEROY A. LINCOLN (Republican — Forty-Eighth Senate District Delegate) Mr. Lincoln was born at Little Valley, August IS, 1880, the son of Charles F. and Susette Lincoln. He was educated at Little Valley Union School and came to Albany in 1895, upon the appointment of his father as legal adviser to Governor Morton. Mr. Lincoln graduated from the Albany High School in 1898 and from Yale in 1902. He attended the Albany Law School for one year and then moved to Buffalo where he pursued his law studies, being admitted to the bar in May, 1904. Fie has since practiced law in Buffalo. [321] HON. JOSEPH LINDE (Republican — Tenth Senate District Delegate) Mr. Linde was born in Brooklyn, August S, 1S90, son of Leon and Hanna T. Linde. He attended the public schools, the Boys' High School and later the New York University Law School, from which he was graduated with the degree of LL.B. Mr. Linde is a practicing lawyer with offices in William street, Manhattan. He is a member of the Twenty- second Assembly District Republican Club, the Jacob A. Livingston Repub- lican Club, vice-president of the Ridgewood Hebrew Free School, and member of the Twenty-eighth Ward Taxpayers' Association. [322] HON. JAMES P. LINDSAY (Republican — Forty-Seventh Senate District Delegate) Mr. Lindsay was born in Londonderry, O., in 1S56, and is of Scotch-Irish descent. When quite young he moved with his father's family to Illinois, thence to Iowa, finally settling near Indianola, where he continued to reside until admitted to the bar. He was educated at Simpson (la.), Monmouth (111.), colleges, and Chicago University, from which last he was graduated in the class of "SO ; admitted to the bar at Des Moines, la., in 'SI, and shortly thereafter located for the practice of law at Lincoln, Neb. He was elected to the State Senate thence in 1SS6 and was re-elected in 1SSS. In 1S91 he was appointed by Tresident Harrison as register of the United States land office at McCook, Xeb. In 1S94 Mr. Lindsay located at North Tona- wanda where he has since continued to practice law. He has been city attorney, transfer tax attorney for Niagara county and is a member of the board of education of his home city. [323] HON. HUBERT C. MANDEVILLE (Republican — Forty-First Senate District Delegate) Mr. Mandeville was born in Ithaca, January 29, 1S67, his father being of French-Huguenot ancestry, and his mother of Scotch-Irish ancestry. He was educated in the public schools, Elmira Free Academy and received the degree of A.B. at Union College. He was admitted to the bar in 1890 and two years later formed a partnership wiith Edward G. Herendeen of Elmira under the firm name of Herendeen & Mandeville. Mr. Heren- deen died in 1910 and the business of the office has been continued by Mr. Mandeville. He has been a member of the board of education for ten years, is vice-president of A. Wyckoff & Son Company, treasurer of the Elmira Savings Bank and president of the New York State Telephone Company. [324] HON. FRANK MANN (Democrat — Ninth Senate District Delegate) Mr. Mann was born in Brooklyn, where he received his early education in the public schools. When a young man he started in business in Brook- lyn, about the same time taking a course in the Columbia Law School. Shortly after graduating he was appointed German interpreter in the city and superior courts and later was appointed deputy tenement house commissioner of Brooklyn. Mr. Mann now practices in Brooklyn and is a member of many local organizations. [32.3] HON. FRANCIS MARTIN (Democrat — Twenty-Second Senate District Delegate) Mr. Martin is a well-known New York lawyer, and for years has exhibited a keen interest in all public affairs. When the new county of the Bronx was created he was chosen as its first district attorney and he is now holding the office. [326] HON. LOUIS M. MARTIN (Republican — Thirty-Sixth Senate District Delegate) Mr. Martin was born in Madison, November 25, 1SG2, and was educated in the Clinton Grammar School and Hamilton High School, earning his way by working for various farmers. From 1SS5 to 1SS9 he taught school and read law, and while principal of the Clinton Public School was admitted to the bar. Since that time he has practiced his profession in Clinton. He served as justice of the peace of the town of Kirkland for eight years and was a member of the board of managers of the Rome Custodial Asylum under Governors Morton and Black. He served as member of Assembly from 1S9S to 1900, inclusive, and later was appointed Deputy Attorney-General by John C. Davies, serving 1901 to 1902. Mr. Martin again served in that office in 1905-1907. He has been village president and for fourteen years was president of the board of education of Clinton. [327] HON. WILLIAM F. MATHEWSON (Republican — Tenth Senate District Delegate) Mr. Mathewson was born in Nyack, N. Y., August 29, 1874, and has passed the greater part of his life in New York city, where he is engaged in the insurance business. He has been a member of the Assembly for two terms, serving on revision, taxation and retrenchment, affairs of villages, insurance, and soldiers' home committees. [328] HON. ANDREW P. McKEAN (Republican — Twenty-Ninth Senate District Delegate) Mr. McKean was born in Troy, December 29, 1ST0. He received bis early education in the public schools and graduated from Williams College in the class of 1S92. He was honored with the presidency of the common council of Troy for two terms, 1906 and 1910. He is a director of the People's Bank of Troy and also a director of the Arnold Print Works of North Adams, Mass. Mr. McKean is a member of many leading organiza- tions of Troy. [329] HON. WILLIAM M. McKINNEY (Republican — First Senate District Delegate) Mr. McKinney, lawyer, editor and author, is interested in law publica- tions at Northport, being president of the Edward Thompson Company. He was born at Oquaka, 111., February 3, 1865. Was a student at Mon- mouth College in 1S81-1883, and graduated from the Union College of Law, Chicago, in 1886, receiving the degree of LL.B. Mr. McKinney was admitted to the bar in 1886, and has since practiced his profession. He was State Senator 1901-1902, and a member of the Republican State Com- mittee in 1903. Mr. McKinney edited the American and English Ency- clopaedia of Law and Practice ; Encyclopaedia of Pleading and Practice ; Federal Statutes, Annotated; American and English Annotated Cases, and is the author of "A Treatise on the Law of Fellow Servants." He is a member of the Union League Club and the Episcopalian Club. [330] HON. ANDREW McLEAN (Democrat — Third Senate District Delegate) Mr. McLean was born in Scotland, August 7. 1848, came to this country in 1863 and served as a boy in the United States navy during the last year of the Civil War. He was educated in Browne's Commercial College. Brooklyn, and by private tutors: has been engaged in journalism since 1S6S; has been editor- in-chief of the Brooklyn Citizen for the past twenty-nine years, and prior to that was connected with the Brooklyn Eagle for some fifteen years, holding the positions of city editor, managing editor and editor-in-chief. In addition to his journalistic duties. Mr. McLean has been widely active as a lecturer on matters of literature, philosophy and politics. [331] HON. EDWARD A. MEALY (Republican — Twenty-Eighth Senate District Delegate) Mr. Mealy was bom at Cohoes, September 20, 1SS4, attended the graded schools and graduated from Egbert's High School in 1902. In 1907 he graduated from the Albany Law School being honored with the degree of LL.B. On January 10, 1914, he was appointed city attorney of his native city. He was president of the High School Alumni Association for 1912 and 1913. and in 1910 was vice-president of the Cohoes Business Men's Association. [332] HON. FERRIS J. MEIGS (Republican — 'Thirty-Fourth Senate District Delegate) Mr. Meigs was born in Jersey City, February 5, 1S6S. He attended the Sheffield Scientific School and the Yale School of Forestry from which he graduated in 1889. Since then he has resided at Tupper Lake in Franklin county, where he is interested in the Santa Clara Lumber Company. Mr. Meigs has achieved national prominence in matters pertaining to forestry and water development. [333] HON. CHARLES S. MERENESS (Republican — Thirty-Second Senate District Delegate) Mr. Mereness was born in Martinburgh, March 24, 1S52. He has been an attorney and counselor-at-law since October, 1873. During the years 18S0 and 1SS2, Mr. Mereness was district attorney of Lewis county. He was a delegate to the State Constitutional Convention of 1804, serving on committee on governors and state officers, county and town aud village government, and state forests. [334] HON. THOMAS N. MULRY (Democrat — Fifteenth Senate District Delegate) Mr. Mulry was born in New York on February 13, 1S55, was edu- cated in the parochial schools of the city, attended the De LaSalle Insti- tute for one year, and the Cooper Institute nights for three terms. The family moved to Wisconsin in lSb'2 and remained there for nine years. Then they returned to New York city where father and son entered the contract- ing business. Mr. Mulry is one of the prominent figures in banking affairs of the State and is president and trustee of the Emigrant's Industrial Savings Bank of New York. This institution, with deposits of over $137,000,000. is said to be the largest and most influential of its kind in the t'nited States. Mr. Mulry is president of the Superior Council of St. Vincent de Paul's Society, director of the Broadway Trust Company, of the Mutual Life Insurance Company, and several other companies. His Holiness, Pius X. conferred the Pontifical Order of St. Gregory the Great upon him. [335] HON. HARRY W. NEWBTJRGER (Democrat — Twelfth Senate District Delegate) Mr. Newburger was born in 1SS3 at Louisville, Ky. ; prepared for college at Prof. Flexner's Preparatory School, Louisville ; was graduated from Columbia College, N. Y., 1904, New York Law School in 1906 and was admitted to the New York Bar in 1907. After serving as managing clerk in the office of Benjamin N. Cardozo, now associate judge of the Court of Appeals, he established his offices at No. 2 Hector street and since that time has been engaged in active practice. Mr. Newburger is a member of the City Club of New York. National Democratic Club and Tenth Assembly District Jefferson Democratic Club. He has been counsel for many Jewish organizations and is prominently identified in Jewish and other communal work in New York. City. [336] HON. COURTLANDT NICOLL (Republican — Seventeenth Senate District Delegate) Mr. Nicoll is a graduate of St. Paul's School, St. Albans. Vt, Prince- ton University, and the New York Law School. He is a member of the law firm of Nicoll, Anabele, Lindsay & Fuller, of New York. He is also a member of the Association of the Bar, New York County Lawyers' Association, Union Club, Princeton Club, Republican Club, and an ex-mem- ber of Squadron A. N. G., N. Y. He served two terms as member of the Board of Aldermen of New York, and was alternate delegate to the Chicago Republican Convention of 1012. Mr. Nicoll is a member of the New York County Republican Committee and is vice-president of his Republican Assembly District. T337] HON. DELANCEY NICOLL (Democrat — ' Fourteenth Senate District Delegate) Mr. Nicoll was born at Shelter Island, June 24, 1854, the son of Solomon Townsend Meoll and Charlotte Nicoll. He graduated from Princeton in 1S74 with high honors, and from Columbia Law School three years later. He was assistant district attorney of New York, 1SS5-1SSS, and district attorney, 1S92-1S94. Mr. Nicoll was a delegate to the Constitutional Con- vention of 1S94. He is a member of the Union, Metropolitan, University. Tuxedo, Racquet, Riding. Manhattan, Princeton and Democratic clubs of New York. For thirty years he has been prominent in the law and in the development of Greater New York. He is descended from Sir Richard Nicoll, the first English Governor of New York, who was also mayor of the city of New York in 1671. [338] HON. JAMES L. NIXON (Republican — Fiftieth Senate District Delegate) Mr. Nixon was born in Newfield, Tompkins county, April S, 1S52. One of his ancestors was a soldier on the American side in the Revolution and another fought in the War of 1812. Mr. Nixon was educated in a country school and in the Corning Free Academy. For seventeen years he has been connected with Buffalo newspapers and is now managing editor of the Buffalo Commercial. He is a past master of Charles W. Cush- man Lodge No. 879. F. and A. M., and high priest of Palmoni Council, Princes of Jerusalem. [339] HON. BERTRAND W. NYE (Republican — Forty-First Senate District Delegate) Mr. Nye was born near Watkins, Schuyler county, May 21, 1S73, being the youngest child of E. M. W. Nye and Margaret Sharpe Nye. Mr. Nye was educated in the schools of Schuyler county, Dundee Preparatory School, and Keuka College. He took a course of law in the Buffalo University, and was admitted to the bar in 1S99. He followed his pro- fession in Buffalo until 1907 when he returned to Watkins, where he has been engaged in the practice of law since. In 1913 he was elected president of Watkins, during which term some of the largest public improvements to the village were started. Mr. Nye held the office until he resigned to accept the nomination for Senator on the Republican ticket. [340] HON. MORGAN J. O'BRIEN (Democrat — Twelfth Senate District Delegate) Morgan J. O'Brien was born in the city of New York on the 2Sth day of April, 1S52. The young O'Brien obtained his preliminary education in the public schools of ]S T ew York, and later attended St. John's College, Fordham, now known as Fordham University, from which institution he was graduated in 1S72 with the degree of A.B. In the following year he entered the College of St. Francis Xavier, conducted by the Jesuits, in West Sixteenth street, and secured the degree of A.M. Thereafter he entered the Law School of Columbia College, graduating in two years with the degree of LL.D. In 1SS7, and while acting as corporation counsel, Mr. O'Brien was elected justice of the supreme court, and was re-elected at the expiration of his first term. The death of Justice Van Brunt opened the way for his promotion to the office of presiding justice. He retired from the bench November, 1906, and is now the senior member of O'Brien, Boardman & Piatt. [341] HON. THOMAS V. O'CONNOR (Democrat — Forty-Ninth Senate District Delegate) Mr. O'Connor was born in Toronto, Ont, in 1S70, and when four years old moved to Buffalo with his parents. When eleven years old he worked as a ferry boy on the Buffalo river and when fifteen was fireman on a tug. At twenty-one he secured his papers as marine engineer and was employed on a tug operating at Buffalo. Later he was made captain. When the Licensed Tugmen's Protective Association was formed in 1900, he was elected secretary of lodge No. 4 of Buffalo. Six years later he was made grand president of the L. T. P. A. [342] HON. WILLIAM M. K. OLCOTT (Republican — Eighteenth Senate District Delegate) Mr. Olcott was born in New York, August 27, 1862. He graduated from the College of the City of New York in 1881, also from Columbia College in 1S83. He was district attorney of New York county from 1896 to 1898, and judge of the New York City Court, 1S98-99. He is now a member of the firm of Olcott, Gruber, Bonynge & McManus. [343] HON. WILLIAM S. OSTRANDER (Republican — ■ Thirtieth Senate District Delegate) Mr. Ostrander was born in Sclauylerville, June 28, 1S5S. He attended the common schools there and graduated from Cornell University. He was admitted to the bar in May, 18S3. He practiced his profession at Schuylerville until 1005. when he moved to Saratoga Springs. He is at present surrogate of Saratoga county. [344] HON. HARRY E. OWEN (Republican — Thirty-Third Senate District Delegate) Mr. Owen was born in Elizabeth, N. J., October 23, 1869. He was educated at Sherman Academy, Moriah, N. Y., and graduated from Middle- bury (Vt.) College in 1S90. He was admitted to the bar in 1S93, be- coming a member of the firm of Foote, Stokes & Owen, in 1901. Mr. Foote retired from the firm, after which the present firm of Stokes & Owen was formed. From 1900 to 1914 he was an assistant United States district attorney for the Northern District of New York. During this time Mr. Owen prosecuted many Chinese smuggling cases, winning numer- ous important victories at a time when the United States Government was busy breaking up the illegal traffic from across the Canadian border. [345] HON. JOHN M. PARKER (Republican — > Forty-First Senate District Delegate) Jlr. Parker was born in Washington, D. C, forty-two years ago, being the son of Col. F. H. Parker, U. S. A., of Oswego. He was educated in the Troy Academy. He then attended Cornell University, and after gradua- tion took a course in the Cornell Law School. He was admitted to the bar July 24, 1S99. Mr. Parker is a member of Psi Upsilon fraternity. [346] HON. JOHN PARMENTER (Republican — Forty-Second Senate District Delegate) Mr. Parmenter, consulting surgeon to the General and Children's Hos- pitals of Buffalo, was born at Owen Sound. Canada. January 25. 1S62. and moved to Buffalo when twelve years old. He received the degree of M.D. from the University of Buffalo when twenty-one years old and was professor of anatomy and clinical surgery from 1890 to 1908 when he re- tired and went to Geneva to live. He is senior fellow. American Surgical Association, and a member of the New York State Medical Society and of many other organizations. Mr. Parmenter is vice-president of the Farmers and Merchants' Bank of Geneva. [347] HON. ROBERT S. PELLETREAU (Republican — First Senate District Delegate) Mr. Pelletreau. who is of Huguenot ancestry, was born October 4, 1S6T, the youngest son of the late Jesse Woodhull Pelletreau. He was educated in the public schools, Bridgehampton Academy and l'ale University, from which he was graduated in 1S90. On December 24, 1895, he was united in marriage to Miss Mary Woodruff Rogers, of Bridgehampton. They have two sons. Mr. Pelletreau is a member of the Congregational church at Patchogue, the New York State Bar Association, trustee of the Union Savings Bank of Patchogue. member of the Sons of the Revolution, the Huguenots' Society of New York, and the American Bible Society. [348] HON. JESSE S. PHILLIPS (Republican — Forty-Third Senate District Delegate) Mr. Phillips was born at Independence, N. Y., May 4, 1S71, and was educated at the Andover High School and the University of Michigan. He was admitted to the bar in Rochester in 1S94. He represented the town of Andover on the Allegany county board of supervisors from 1S9S to 1900. and represented the same county in the Assembly continually for eleven years. For several years he was chairman of the codes and judiciary com- mittees. On his retirement from the Legislature Mr. Phillips moved from Allegany county to Hornell, where he formed a partnership with Fred A. Robbins and Shirley E. Brown under the name of Bobbins, Brown & Phillips, which continued until July 1, 1914. Mr. Bobbins on that date having moved to Rochester, a new firm was organized, at which time Mr. rhillips became the head of the present firm of Phillips. Brown & Green. [349] HON. SAMUEL K. PHILLIPS (Republican — Twenty-Sixth Senate District Delegate) Mr. Phillips is a lawyer and was judge of Dutchess county from 1896 to 1907. He is president of the Matteawan Savings Bank of Beacon. Mr. Phillips has held many other important offices in his home town. [350] HON. MARK W. POTTER (Democrat — Twentieth Senate District Delegate) Mr. Potter was born in Kaneville, III., January 9, 1S66. He went to New York in 1SSS and took up the pi-actice of law. He is the president of sev- eral Western coal companies. Mr. Potter is a member of the American Bar Association and of the State and New York City Bar Associations. In 1S8S he married Miss Elizabeth Owens of San Francisco. He had be- stowed upon him the degree of LL.B. by New York University. He is a member of the Manhattan, New York, Midday and Lawyers' clubs and of the Phi Delta Fraternity. [351] HON. LEMUEL E. QUIGG (Republican — Twenty-Sixth Senate District Delegate) Mr. Quigg was born in Cecil county, Md., February 12, 1S63, the son of Rev. John B. and Jane H. Townsend Quigg. He received a common school education. Served as editor of the Flushing Times, 1SS3-S4 ; was on the staff of the Keio York Press in 1896, and has since practiced law in New York city. He has served as a member of Congress, and for years has been a prominent figure in both State and National Republican Con- ventions. He was president of the New York County Republican Com- mittee, 1S96-1900. [352] ALFRED G. REEVES (Republican — Sixth Senate District Delegate) Alfred G. Reeves was born at Millville. New Jersey, December 3, 1S59. lie received his early education in the Millville High School and subse- quently entered Princeton University. The year after his graduation he spent in Princeton as Mathematical Fellow. In 1SS5 he entered Columbia Law School, and was graduated therefrom in June. 1SST, receiving the first prize and the prize fellowship. Being thus appointed a fellow at Columbia, he spent the three subsequent years studying and teaching there. At the end of that time he was appointed by Professor Dwight to the position of special instructor. In the fall of 1801 he became one of the three founders of the New York Law School, and since that time has held in that institution the professorship in the Law of Peal Property, of Wills and Administration of Estates, of Trusts. Sales, Bailments and Suretyship. Tn 1S92 he published Reeves' Cases on Wills, in 1904 bis treatise on the Law (if Real Property, and in 1909 "Reeves on Real Property." in two volumes. [353] HON. RUSH RHEES (Republican — Forty -Fifth Senate District Delegate) Mr. Rhees was born in Chicago. February S, 1860, son of Evans and Annie MeCutcheon Rhees. He graduated from Amherst in 1SS3 with the degree of A.B. and was given the further degrees of A.M. in 1897, and LL.D. in 1900. In 1888 Mr. Rhees graduated from Hartford Theo- logical Seminary. Colgate conferred the degree of D.D. in 1891. From 1883 to 1885 he was the Walker instructor in mathematics at Amherst. and in 1889 was ordained into the Baptist ministry. From 1889 to 1802 he was pastor of the Middle Street Church. Portsmouth. N. H. In 1900 he became president of Rochester University. Mr. Rhees is the author of " St. Paul's Experience as a Factor in His Theology." and has written many articles which have been published in various periodicals. [354] HON. EUGENE L. RICHARDS (Democrat — Twenty-Third Senate District Delegate) Mr. Richards was horn in New Haven, Conn., June 14, 1S64, the son of Eugene L. Richards, Sr. His grandfather on his maternal side was General John Lamb, an aide to General Washington during the Revolu- tionary war. Mr. Richards graduated from Yale in 1SS5, and at once took up the study of law in the office of Alexander & Green in New York, being admitted to practice in 1887. In 1890 he became Deputy Attorney- General, an office which he held for two years, participating in a notable campaign against fraudulent insurance concerns. In 1906 Mr. Richards acted as chief counsel in defending the title to office of Mayor George B. McClellan in the suit brought by former Attorney-General Jackson, when it was claimed that William Randolph Hearst had been elected. Mr. Richards is a member of many clubs, and now holds the position of State Superintendent of Ranks. At one time he was counsel for the State Con- servation Commission. [355] HON. JOSEPH ROSCH (Republican — 'Twenty-Fifth Senate District Delegate) Mr. Roseh was born at Wurtsboro, Sullivan county. December 9, li-79. and is a lawyer, baring been admitted to tbe bar in 1901. He was grad- uated from tbe Buffalo Law School in 1900, and since tben has been en- gaged in general practice. Mr. Rosch lias served as special county ,iudge and surrogate of Sullivan county. [3.50] HON. GEORGE J. RYAN (Democrat — Second Senate District Delegate) Mr. Ryan was born In old Long Island city, of Irish ancestry, and was educated in the public schools there. He completed his studies at St. Gabriel's School and at St. Xavier College. For the past twenty years he has been in the real estate and insurance business in Long Island City. He has served as president of the Long Island City Business Men's Asso- ciation, and is now vice-president of the Chamber of Commerce of the Borough of Queens, a member of the advisory board of the Commercial Ex- change Bank, and of the Academy of Political Science. He is also connected witli many clubs and societies. [337] HON. CLAYTON RYDER (Republican — Twenty-Sixth Senate District Delegate) Mr. Ryder was born February S, 1860. at Cornell. N. \\. was educated in the public and private schools of Cornell, at the Hudson River Institu- tion at Claverack, and Cornell University. He studied law in his father's office and at the Columbia Law School, and was admitted to the bar in December, 1881. He has since practiced his profession at Cornell. He has been president of the Putnam County National Bank since April 28, 1S92, and is a member of the board of trustees of Drew Seminary for Young Women. [358] HON. HARRY D. SANDERS (Republican — Fiftieth Senate District Delegate) Mr. Sanders was born in Stafford, Genesee county, September 27, 1S74, and received his early education in the public schools of that village and Batavia. He is a graduate of Columbian University (now George Wash- ington University), Washington, D. C, and of the Buffalo Law School. His legal career has been spent in Buffalo. He is now a member of the firm of Sanders & Hamilton and is the assistant to the corporation counsel of Buffalo. [359] HON. ISAAC SARGENT (Republican — Tenth Senate District Delegate) Mr. Sargent, 36 years old, resides at 014 Herkimer street, Brooklyn. and has been practicing law in New York city since 1900. He attended tbe New York public schools and the New York Law School. He has been member of Assembly two terms, 100S and 1000. [300] HON. JOHN G. SAXE (Democrat — Sixteenth Senate District Delegate) Mr. Saxe was born at .Saratoga Springs in 1*77. the son of John P. Saxe, of Albany, being a grandson of John Godfrey Saxe. He is a member of the law firm of Worcester, William & Saxe of New York. He received the degrees of M.A. from MeGill University, Montreal, and LE.B. from Columbia College. Pie is the author of Saxe's Manual of Elections, and is a member of the New York State, City and County Bar Associations. He served as a member of tbe committee on the amendment of the law of the City Bar Association in 1913-14. During the last four years he has been active in Democratic State politics. During 1011-12 he was Senator from the seventeenth district. He is a member of the executive committee and law committee of the Democratic State Committee. [361] HON. MARTIN SAXE (Republican — Eighteenth Senate District Delegate) Mr. Saxe was born in New York, August 28. 1874. He received his early education in the public schools of that city and later graduated from the New York Law School and Princeton University. He was admitted to the bar in 1897. During the years 1S98 and 1899 he was secretary of the Commercial Law League of America. Later he became assistant corpora- tion counsel in charge of the Bureau for the Collection of Arrears of Personal Taxes of the Law Department of New York. In 1904 he was elected to the State Senate. In 1900 he was nominated by the Repub- lican party to represent the new eighteenth district and was re-elected. He served on the committees of finance, taxation and codes, and was chairman of the committee on military affairs. He was also a member of the Special Tax Commission of 1908. Mr. Saxe is a member of many clubs and associations, and of the Society of Medical Jurisprudence. [362] HON. CHARLES SCHOONHUT (Democrat — Forty-Ninth Senate District Delegate) Mr. Schoonhut was born in Germany in 1868. and came to this country when a young man. For the past fifteen years he has been engaged in the florist business, and for half that time has been presiding officer of the East Side Business Men's Association, composed of about 8(Mt retail merchants. [363] HON. CHARLES B. SEARS (Republican — Forty-Eighth Senate District Delegate) Mr. Sears was born in Brooklyn. October 16, 1870. He received his early education at the Adelphi Academy. In 1S92 Mr. Sears graduated from Yale College. He studied in the University of Berlin and also graduated from the Harvard Law School. He was admitted to the bar in August, 1S05. Mr. Sears practiced first in Buffalo as clerk with Lewis & Lewis and later with Bissell. Carey & Cooke. In 1901 Mr. Sears became a mem- ber of the firm of Norton. Penny & Sears. In 1010 he became associated with Rogers, Locke & Babcock, with which firm he is at the present time. Mr. Sears is president of the Erie County Bar Association. [364] HON. SEVERYN B. SHARPE (Republican — Twenty-Seventh Senate District Delegate) Sir. Sharpe is a life-long resident of Kingston. His early education was obtained in the public schools of that city, after which he attended Phillips Academy at Andover. Later lie went to Yale Cniversity, from which institution he graduated in 1S79. After leaving Yale he studied law at the Columbia University Law School, and also with the late Judge S. Kenyon of Kingston. He was admitted to the bar in 1SS1. Since that time he has been practicing his profession in lister county. In 1809 lie was appointed judge of Lister county by Governor Black to succeed Judge Clearwater. [365] HON. WILLIAM F. SHEEHAN (Democrat — Fifteenth Senate District Delegate) Mr. Sheehan was born in the city of Buffalo. November C, 1859; was admitted to the bar in 1880: was elected in 1884 a member of Assembly from the first Assembly district of Erie county and served as such in the years 18S5. 1880. 1887. 1SS8, 1880. 1S00 and 1891. In 1891 he served as Speaker of the Assembly, having previously for five years been the leader of the Democratic minority. In the fall of 1891 he was elected Lieutenant- Governor on the ticket headed by Governor Flower and served as such for three years. On the expiration of his term of office he moved to the city of New York, where he has since been practicing law. He served as a member of the Democratic State Committee for some years: was Chairman of the Executive Committee that conducted Mr. Cleveland's campaign in 1892, and was for several years the representative of New York State on the Democratic National Committee. In 1011 he was the caucus candidate of the Democratic party for United States Senator. [366] HON. ANDREW J. SHIPMAN (Democrat — Nineteenth Senate District Delegate) Mr. Shipman was horn in Springvale, October 15, 1857. He attended the elementary schools of Virginia and Georgetown (P. C.) University. His legal education was obtained at New York University. He was ad- mitted to the bar in 1886. After leaving college he edited a country newspaper for two years, and later was manager of the coal mines of W. P. Rend & Co. in Ohio. He became assistant collector of the Port of New York in 1S85, and was one of the investigators in the sugar frauds. After leaving the custom house, in 1S90, he formed a partnership with Edmund L. Mooney. T n 1895 Charles Blandy entered the firm, which became Blandy, Mboney & Shipman, still located in Wall street. Mr. Shipman is prominently identified with many leading Catholic societies of the metropolis. [307] HON. WILLIAM F. SLEVIN (Democrat — Twenty-First Senate District Delegate) ilr. Slevin was born iu New York. He attended St. James' Parochial School and later Manhattan College, from which he graduated in 1901. In 100-1 he entered the New York Law School, and in 1900 he was ad- mitted to the bar. Since that time he has been practicing in Manhattan. [3GS] HON. ALFRED E. SMITH (Democrat — 'Eleventh Senate District Delegate) Mr. Smith, who represents the second New York (City) Assembly dis- trict, lias been sent to the lower house by the Democrats of the district since 1904. He was Speaker in 1913, and for most of his terms has been a member of the leading committees. Pie has been majority and minority leader of bis party on the floor, and has always been looked upon as a fair adversary. Mr. Smith is a magnetic speaker and a tine debater. He was born in the fourth ward. New York, in lsT.'i, and attended the Parochial School of St. James. [369] HON. EDWARD N. SMITH (Republican — Thirty-Fifth Senate District Delegate) Mr. Smith was born in Little Falls, N. T., November 30. 1S6S. He received his early education in the common schools of Watertown, graduating from the Fligh School in 1886. Later he entered Hamilton College, graduating in the class of 189. and has practiced law in Brooklyn since that time. He is a member of the City Club. Foresters of America, Royal Arcanum and several other social and fraternal organizations. [3SG] HON. ROBERT S. WATERMAN (Republican — 'Thirty-Fourth Senate District Delegate) Mr. Waterman was born in the city of Ogdensburg in 1S79. He re- ceived his early education in the public schools of his native city and the Ogdensburg Free Academy. He graduated from St. Lawrence University in 1D01 with the degree of B.A., and was a member of the faculty of the Ogdensburg Free Academy in 19CC-03. Iu 1905 he was admitted to the bar after reading law with his father. Robert E. Waterman, with whom he is now in partnership. Fie was elected city recorder in 190S, serving one term. He is a Beta Theta Pi man. a Mason, and belongs to several other fraternities and clubs. He is prominent in Knights of Pythias circles. [3S7] HON. CHARLES A. WEBBER (Democrat — Third Senate District Delegate) Mr. Webber was born in Brooklyn. October 11. 1S60, and has re- sided there ever since. He is a lawyer and a graduate of Columbia University, class of 1S83. In politics he is a Democrat, but has not been active politically and never has held public office. [388] HON. RICHARD E. WEBER (Republican — Fourth Senate District Delegate) Mr. Weber is engaged in the manufacturing business, is president of Ridgewood board of trade ; Weber Medical Tea Company and the Sixth Assembly District Republican Club and is vice-president of the Ridgewood Times. He is active in civic affairs and social organizations. [389] HON. JOHN W. WEED (Democrat — Second Senate District Delegate) Mr. Weed was bom at Savannah, Ga., July 5, 1S45, the son of Henry and Sarah Dunning Weed. He graduated from Columbia University Law School, and October 10. 1872, married Louise Richmond. Mr. Weed served as a private in the Confederate army. In the practice of his pro- fession Mr. Weed has been counsel in several noted cases. He is a member of the Chamber of Commerce of Queens Borough, Queens County Bar Association, Association of the Bar of New York, and the New York Law Institute. He is a member of the Society of Alumni of Columbia University, Southern Society, the Georgia Society, and is a member of several clubs, among them the Down Town Club of New York. [300] HON. HERMAN J. WESTWOOD (Republican — Fifty-First Senate District Delegate) Mr. Westwood was born at Lancaster, Pa., August 23, 1875, the son of Rev. Dr. Henry C. and Augusta L. C. (Johnson) Westwood and the grand- son of Herman M. Johnson, D.D., LL.D. He graduated from Cornell t'ni- versity with the degree of A.B. in 1S96, and the Cornell Law School in 1897. Mr. Westwood was admitted to the bar in 1S96, practiced law in Buffalo, 1897-1902, and in Fredonia since 1902. He is an instructor in the Buffalo Law School, a veteran of Company F, Seventy-fourth Regiment, N. G., N. Y., and a member of the New York State Rifle Team. Mr. Westwood is also a member of the American Bar Association, the New York State Bar Asso- ciation, the Sons of the American Revolution, the B. P. O. E., I. O. O. F., the Delta Chi Fraternity and of several clubs, and is a member of the law firm of Westfood & Monroe. [391] HON. MONROE WHEELER (Republican — Forty-Third Senate District Delegate) Mr. Wheeler was born in the town of Wheeler, Steuben county, N. T., August 16, 1S49. He received his education in the common schools, Hammondsport Academy and Michigan University. He practiced law at Hammandsport from November 1, 1877, until April 1, 1906, when he moved to Bath, and has practiced there since. He served as village attorney for Hammondsport for many years, and is connected with bank- ing and railroad interests there. He is also counsel for Glenn H. Curtiss, aviator. [392] HON. JAMES S. WHIPPLE (Republican — Fifty-First Senate District Delegate) James S. Whipple was born in Cattaraugus county where he has always lived. Held the following offices in order named : Coroner of the County, Justice of the Peace. Police Justice of Village of Salamanca, Member of Assembly four years. United States Commissioner, Supervisor, Chairman of the Board, Clerk of the Senate eight years, Forest. Fish and Game Commis- sioner six and one-half years. His legislative work will be longest remem- bered for his investigation of the " Indian Problem " of the State : report made to the Legislature in 1889. His work as Forest, Fish and Game Com- missioner comprehends substantially the progressive work of note in that department during its existence as a department, to wit : Oil burning as fuel on locomotives, top lopping on lumber jobs, observation stations and paid Are patrols, establishment of a game bird farm by the State and hunting licenses. He is a lawyer, admitted to practice in 1881, having practiced law all of that time, except the six and one-half years he was commissioner. [393] HON. CHARLES J. WHITE (Republican — Forty-Sixth Senate District Delegate) Mr. White was born May 16, 1S49, at Brockport, N. Y. He acquired his early education in the common schools and later entered Brockport Collegiate Institute. He has always taken an active interest in political matters and has held various town offices in Brockport. Mr. White was alternate to the Republican National Convention in 190.8. He was elected Senator and served during 1909 and 1910. [394] HON. JOHN J. WHITE (Democrat — Twelfth Senate District Delegate) Mr. White was born in New York, January 19, 1803. He was educated In the public schools, and now holds large theatrical and real estate interests. He is a member of the Board of Aldermen, having been elected on the Democratic ticket for his third consecutive term. [395] HON. RUSSELL WIGGINS (Republican — Twenty-Fifth Senate District Delegate) Mr. Wiggins was born in Middletown, Orange county, N. Y., April 29, 1ST". He was educated in the public schools there and studied law in the office of his father, Henry W. Wiggins. He was admitted to the bar in 1900. [396] HON. PERRY G. WILLIAMS (Republican — Thirty-Second Senate District Delegate) Mr. Williams was born in Steuben county in 1S76. He received an academic education in Lowville, where he moved with his parents in 1SS1. He taught in the public schools there from 1S92 to 1S9S. He studied law in the office of E. J. Boshart of Lowville, and later in the Albany Law School, from which he graduated. He served four years as clerk to the Board of Supervisors, and has been district attorney of Lewis county. He was a delegate to the Republican National Convention in 1!)12. [397] HON. FRANCIS A. WINSLOW (Republican — Twenty-Fourth Senate District Delegate) Mr. Winslow was born October 13, 1866 at Briarcliff, N. Y. He was educated in the public schools of New York City; graduated from the College of the City of New York, class of '87, degree of LL.B. ; admitted to the bar of New York, 1899, and became a member of the law firm of Winslow. Keenan & Budd, 111 Broadway, New York City. Mr. Winslow has served as counsel for the State Comptroller and in transfer tax pro- ceedings ; as corporation counsel of Yonkers; as attorney for the State Comptroller in Westchester county and as district attorney of Westchester county. He is a member of numerous societies, associations, fraternities and clubs. Mr. Winslow is a descendant, on his father's side, of Kenelm Winslow, who settled at Plymouth, Mass., 1629, and on his mother's side, of Captain Thomas Munson, founder of New Haven Colony. His ancestors on both father's and mother's side actively participated in War of the Revolution. [398] HON. FRANK S. WOOD (Republican — Forty-Fourth Senate District Delegate) Mr. Wood was born September 14, 1S50. at Detroit. He received a com- mon school education. In 1S77 he was appointed clerk of the Surrogate's Court of Genesee county and served for six years. He was admitted to the bar in October, 1S7S. He was district attorney for two terms, 1S87-1893, and was corporation counsel of Batavia, 1002, 1905, and of the village of Bergen, 1906, 1909. Mr. Wood has been president of the Genesee County Bar Association since its organization in 1909, and president of the Genesee County Abstract Company in Batavia. [399] HON. FRANK L. YOUNG (Republican — Twenty-Fourth Senate District Delegate) Mr. Young was born at Tort Byron. N, Y., in 1860, and lived in Cayuga county until 28 years of age. He graduated from Cornell University, and then became an instructor in Mount Pleasant Military Academy at Ossin- ing. Later he took a course at the New York Law School receiving his license to practice in 1S92. Since that time he has maintained an office in Ossining. He served as member of Assembly from the third district of Westchester from 1909 to 1932. inclusive, and was majority leader under the late Speaker E. A. Merritt in 1912. [400]