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 OF NEW YORK 
 
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 1924 030 489 987 
 
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THE GOVERNMENT OF THE 
 STATE OF NEW YORK 
 
^'% 
 
 ~*i^^' 
 
 
 
 
 
THE GOVERNMENT 
 
 OF THE 
 
 STATE OF NEW YORK 
 
 BY 
 
 JAMES SULLIVAN, Ph.D. 
 
 HEAD TEACHER OF HISTORY AND CIVICS, HIGH SCHOOL OF 
 COMMERCE, NEW YORK CITY 
 
 WITH MAPS 
 
 NEW YORK 
 
 CHARLES SCRIBNER'S SONS 
 
 i9°5 
 
 ai 
 
COPYRIGHT, 1905, BY 
 CHARLES SCRIBNER'S SONS 
 
PREFACE. 
 
 In the study of civics in our schools there is usually such 
 strong emphasis laid on the National government that the 
 student comes to think that the State government is of very 
 little importance. This fact has led and is leading the public 
 at large to regard the State as scarcely anything more than 
 an administrative unit like the English county and the 
 French department. Men of learning and prominence re- 
 gard with equanimity the gradual encroachment of the Na- 
 tional upon the State government. That men in general do 
 not object to the increasing assumption of powers by the 
 National government may be in part attributed to the train- 
 ing which they receive in the schools. 
 
 Whether such assumption of power is good or bad is of 
 course debatable. No one will deny, however, that it is con- 
 trary to the spirit of our institutions. The reduction of our 
 States to mere divisions for administrative purposes was 
 something never contemplated by the most ardent Federal- 
 ists. With the hope of counteracting in a measure the 
 present tendency to aggrandize the importance of the Na- 
 tional government I have aimed to bring before the student 
 the exceedingly important part which our State government 
 plays in our daily life. 
 
 Another object I have kept constantly in mind is to show 
 the government in its actual working. For that reason 
 at the end of each chapter are several paragraphs on actual 
 conditions. These, following, as they do, the sketch of the 
 machinery of government, are intended to show how prac- 
 
VI PREFACE. 
 
 tice differs from theory, and wherein we are successful and 
 wherein we fail in carrying on our government. 
 
 On the political history of New York State I have given 
 very little, because almost all that I could give here has 
 already been covered in connection with the history of the 
 United States which the pupil has already studied. Changes 
 in institutions, however, have been noted in their proper 
 places. I have also omitted from the text salaries of ofificials 
 and other statistical matter. Such material is to be found 
 in reference tables at the end of the book. 
 
 I am indebted to Mr. A. H. Sanford for permission to use 
 at the ends of some of my chapters certain of the " sug- 
 gestive questions," in his work on the " Government of 
 Wisconsin." 
 
 New York City, November, 1905. 
 
SUGGESTIONS TO TEACHERS. 
 
 There is a somewhat prevalent notion among teachers 
 that the object of studying our local and State governments 
 is to encourage local pride and patriotism. This, it is sup- 
 posed, will make the student a better citizen. There is 
 nothing, however, which is more erroneous. Such teaching 
 leads the pupil to have wrong notions of the importance 
 of his own locality, to have his perspective so distorted as to 
 see only the good and none of the bad, and to make no 
 effort to work for a change in the imperfect because he 
 thinks it perfect. There is no worse citizenship than is 
 expressed in the words : " We are all right." This blatant 
 self-satisfaction with what we have is responsible for our 
 " corrupt but contented " style of government. 
 
 Our most patriotic citizens are those who see the defects 
 of our institutions, not those who sit with folded hands and 
 think that democratic principles have brought the millen- 
 nium. Because we teach our pupils to see wherein we have 
 failed and are failing in carrying out these principles, it is 
 not to be urged that we are teaching them to be unpatriotic. 
 Patriotism is a matter of slow growth and takes care of itself 
 without being taught. It is like love of one's mother — it 
 needs no cultivation. The quality which we teach in our 
 schools by the overemphasis which we lay on our perfec- 
 tions is " jingoism." With some this may pass for patriot- 
 ism, but it is as different from that as day from night, and 
 the less we have of it the better. 
 
 Another danger which the teacher of local government 
 
viii SUGGESTIONS TO TEACHERS. 
 
 must avoid is the spirit of narrow provincialism which un- 
 fortunately is altogether too common in this country. The 
 silly but sometimes bitter rivalry which exists between some 
 cities and States of our Union is at times directly traceable 
 to school instruction. If we cannot get good citizenship 
 except by vilifying or depreciating our neighbors, it is some- 
 thing we had better do without. Good citizenship is not 
 narrow and provincial, but broad. It has the world for its 
 teacher and from her it learns to borrow the good wherever 
 that is to be found. If Germany has better municipal gov- 
 ernment than we have, it is our duty as good citizens to 
 profit by her example, or at least to teach our children that 
 the Germans manage their municipalities better than we. 
 
 It is not necessary, however, to " harp " on the bad quali- 
 ties of our government all the time. There is a danger, in 
 these days of newspaper exposures of political corruption, 
 of the pupil getting to believe that all rnen connected with 
 public life are guilty of wrongdoing simply because a few 
 cases are brought to light. This must be guarded against 
 and the pupil made to realize that by far the larger number 
 of men in political life are honest and incorruptible. The 
 points wherein we excel others may be brought out as well 
 as those wherein we fail. Our present tendency, with our 
 pupils at least, is to gloss over the latter and that is why 
 we have to be on our guard. 
 
 From these few remarks it will be seen that the teacher 
 of civics must know other governments — local and National 
 — besides his own, must be a close reader of the newspapers 
 and their editorials, and must be ready at all times to discuss 
 present-day problems and politics as illustrating the actual 
 working of the machinery of government as it is studied in 
 the text. Teachers should by every means in their power 
 encourage the pupils to read the best of our newspapers and 
 to make scrap albums of clippings which relate to the sub- 
 
SUGGESTIONS TO TEACHERS. ix 
 
 ject under discussion. In conjunction with this should go 
 the visits to legislative assemblies, interviews with local 
 officers, leaders and active citizens, and reports from ob- 
 servation on the methods of conducting the business of some 
 local department. The pupil should be made to see the gov- 
 ernment in its actual working as much as possible and to 
 realize for himself how much or how little it differs from 
 the theory. 
 
 A great deal of space has been given to cities. It is 
 hoped that teachers will find it possible to give much more 
 time to this division of our government than has hitherto 
 been the case. 
 
 The suggestive questions at the close of chapters are not 
 meant to be such as can be answered from a reading of 
 the text. They are intended to make the pupil think, con- 
 sult books outside the text and ask questions of men who 
 are acquainted with the machinery of government. The 
 teacher will be able to frame others of the same sort as 
 the study of the various chapters progresses. 
 
 No " outlines " of chapters or of departments of govern- 
 ment have been given. It was felt that the making of these 
 was an exercise which should be left to the pupil. 
 
 The following short list of books will prove helpful : 
 
 ON METHOD. 
 
 Martin, G. H. , Hints on the Teaching of Civics. 
 Bourne, H. E., The Teaching of History and Civics. 
 New England Hist. Teachers' Association, Report of 
 the Civics Committee. (Soon to be published.) 
 
 REFERENCE LISTS FOR OUTSIDE READING. 
 
 Hart, A. B., Actual Government. (List at heads of chapters.) 
 MOREY, W. C, The Government of New York. (List at heads 
 of chapters.) 
 
X SUGGESTIONS TO TEACHERS. 
 
 STATISTICAL MATERIAL. 
 
 MURLIN, E. L., The New York Red Book. (Annually.) 
 Secretary of State, The Legislative Manual. (Annually.) 
 Almanacs of the New York City Daily Newspapers : 
 American, Eagle, Tribune, World. 
 
 GOVERNMENT OF NEW YORK STATE. 
 
 MOREY, W. C, The Government of New York. 
 Revised Statutes of New York State. 
 
 FOREIGN GOVERNMENTS. 
 
 Wilson, Woodrow, The State. 
 
 CITY GOVERNMENT. 
 
 Shaw, A., Municipal Goverttment in Continental Europe. 
 Shaw, A., Municipal Government in Great Britain. 
 GOODNOW, F. J., City Govermnent in the United States. 
 
 NEWSPAPERS FOR YOUNG PEOPLE. 
 
 The Little Chronicle, Chicago. 
 Current Events, Springfield, Mass. 
 
CONTENTS. 
 
 PAGE 
 
 Preface v 
 
 Suggestions to Teachers vii 
 
 CHAPTER 
 
 I. The Constitution i 
 
 II. Constitutional Rights 7 
 
 III. The Legislature 12 
 
 IV. The Working of the Legislature ... 24 
 V. The Executive 32 
 
 VI. The Judiciary 40 
 
 VII. The Working of the Courts .... 51 
 
 VIII. Local Government : County, Town and Village 63 
 
 IX. Local Government: Cities 71 
 
 X. Nominations and Elections 86 
 
 XL Local Taxation .... . . 106 
 
 XII. State Finance 117 
 
 XIII. Education 125 
 
 XIV. Amendments to the Constitution . . .138 
 
 State and Local Officers 142 
 
 The Constitution 145 
 
 INDEX 193 
 
 MAPS AND ILLUSTRATIONS. 
 
 FACING 
 
 Capitol at Albany Frontispiece page 
 
 Map of Senatorial and Assembly Districts . . 14 
 
 Map of Judicial Districts and Departments . . 42 
 
 Map of New York City 74 
 
 Specimen Ballot 93 
 
THE GOVERNMENT OF THE STATE 
 OF NEW YORK. 
 
 CHAPTER I. 
 
 THE CONSTITUTION. 
 
 Importance of the State,— We have already spent a 
 great deal of time and space on the study of the National 
 government, but we must always remember that so far 
 as our daily life is concerned the State government is 
 far more important than the National. It is the State 
 which decides on the form of government of our coun- 
 ties, towns, and villages, and grants charters to our 
 cities. It is the State which through these local govern- 
 ments, or directly, makes provision for the public health 
 and the public education of the citizens; establishes asy- 
 lums, prisons, and houses of correction; manages the 
 public lands, takes care of the forests, fish and game, 
 promotes agriculture, regulates labor and domestic com- 
 merce; builds and cares for canals, and grant charters to 
 and controls corporations. Among the most important 
 of the latter, which affect us directly, are gas companies, 
 street and steam railway corporations, and food-product 
 concerns. When we see that the State has so many 
 activities, we realize why it is so very important to under- 
 stand thoroughly the government of the State. 
 
2 THE GOVERNMENT OF NEW YORK. 
 
 Constitutions of New York. — The details of the form 
 of government of our State — sometimes called the Em- 
 pire State because of its great wealth and population — 
 is determined, like the governments of the United States 
 and the other States, by a document know^n as the Con- 
 stitution. We have had in our history four different 
 State constitutions. The first Was made in i 'j'jj, the sec- 
 ond in 1 82 1, the third in 1846, and the last in 1894. 
 Why we have had so many when the National govern- 
 ment has had only one during the same period of time 
 will become clear if we carefully consider the matter. 
 We saw (Chapter XVIII) how difficult it was to change 
 the Federal Constitution and how it was " strefched " 
 (p. 109) in order to include powers or functions which 
 were not expressly stated in the document itself. It has 
 not been necessary to do this with our State Constitution, 
 because it has usually been an easy matter to get a wholly 
 new Constitution or to change the one which we had. 
 This is true for the following reasons : ( i ) Having the 
 people of one State instead of many States to deal with it 
 was an easy matter to find out whether they wanted a con- 
 stitutional convention called in order to draft a new Con- 
 stitution. (2) The method of amendment has been 
 simpler. Though the Constitution of 1777 made no pro- 
 vision for amendments, it was possible for the Legisla- 
 ture by a mere majority vote to call a convention for the 
 purpose of changing the Constitution. By the Constitu- 
 tion of 1 82 1 it was made possible to add an amendment 
 to the Constitution if a mere majority of each house of 
 the Legislature voted for it and two-thirds of each house 
 of the subsequent Legislature approved of it. (3) Being 
 in a small area, the people were more likely to be nearly 
 
THE CONSTITUTION. 3 
 
 of one mind as to any change which was thought desir- 
 able. 
 
 Constitution of 1777 — This Constitution, Hke the con- 
 stitutions of the other States adopted at about the same 
 time, was drawn up at the suggestion of the Continental 
 Congress, then in session at Philadelphia (May 10, 1776). 
 It did not attempt to create new institutions, but provided 
 for those to which the people had been used during the 
 previous history of the colony. Provision was thus made 
 for a governor, a lieutenant governor, executive councils, 
 a legislature of two houses, all chosen by the people, and 
 a system of courts the "judges of which were to be 
 appointed. Under the colonial government no one had 
 been allowed to vote unless he owned a certain amount 
 of property, and this restriction remained in force in this 
 Constitution. To protect the citizen in the enjoyment of 
 what he considered his fundamental rights certain clauses 
 defining these were put into the Constitution. These 
 came to be called the " Bill of Rights." 
 
 This Constitution, like the later Federal Constitution, 
 was short, and barely outlined the form of government. 
 The form of government has remained the same through- 
 out the history of the State, but the document itself has 
 been increased so much in length that it is more like a 
 book of laws than a definition of the various departments 
 of government and their powers. 
 
 Under this Constitution the power which had belonged 
 to the King passed to the people. They had a strong 
 feeling at this time against tyranny and " one-man 
 power," and hence they made the authority of the office 
 of governor as weak as possible, and put the control of 
 
4 THE GOVERNMENT OF NEW YORK. 
 
 the government largely into the hands of the Legislature. 
 The governor did not have the powers of veto and 
 appointment. These were given to two special councils 
 of which the governor, though a member, was only one 
 among several other members. Even a veto made by a 
 council could be overborne by the Legislature. The 
 judges were appointed to office by one of these councils. 
 
 Constitution of 1821. — In the period between 1777 and 
 1 82 1 the people experienced a change of feeling. They 
 no longer had such a dread of tyranny as they had had 
 when George III. ruled them, and they were more demo- 
 cratic in their attitude toward the privilege of voting. 
 Several disputes having arisen under the Constitution of 
 1777 which could not be settled, a convention was called, 
 aijd drew up the Constitution of 182 1. In accord with 
 the changed feelings mentioned above, the restrictions 
 on the privilege of voting were made less severe, the 
 power of veto was taken from the council and put into 
 the hands of the governor, subject of course to the power 
 of the Legislature to pass a bill over his veto, and the 
 power of appointment to such offices as those of the sec- 
 retary of state, the treasurer, the attorney-general was 
 taken away from the council and put into the hands of 
 the Legislature. The appointment of judges, however, 
 was invested with the governor, subject to the approval 
 of the upper house of the Legislature. Thus by this 
 Constitution the power of the governor was increased 
 and the Legislature gained additional prerogatives in the 
 matter of appointments. 
 
 Constitution of 1846 — Between 1821 and 1846 a great 
 
THE CONSTITUTION. 
 
 s 
 
 wave of democracy swept over our country, New York 
 included. The people showed themselves desirous of 
 getting more and more power into their own hands, 
 and of restricting the powers of both the governor and 
 the Legislature. They no longer trusted the men whom 
 they chose to represent them. By an amendment to the 
 Constitution of 1821, passed in 1826, all property quali- 
 fications for the privilege of voting were swept away, 
 and in 1845 another amendment was passed making it 
 unnecessary for a man to have property in order to hold 
 ofifice. The result of these amendments was that the 
 convention of 1846 called for revising the Constitution 
 was overwhelmingly Democratic. The people had turned 
 out in force to choose delegates to a convention which 
 would give them the power. Thus by the Constitution 
 of 1846 the power of appointing such officers as the sec- 
 retary of state, the treasurer, and the attorney-general 
 was taken away from the Legislature, and the power of 
 appointing judges was taken away from the governor. 
 Henceforth executive officers like those mentioned above 
 and the judges were to be elected directly by the people. 
 Heretofore the Legislature had been permitted to pass 
 laws on almost all subjects, but in the Constitution of 
 1846 a list of subjects was put down on which the Legis- 
 lature could not legislate. These restrictions, which re- 
 late to a variety of subjects, such as lotteries, divorces, 
 charters, and State debts, have tended to increase as 
 new constitutions are made or amended. With its pow- 
 ers in legislation more and more diminished the Legisla- 
 ture has declined in importance, and the people have used 
 their right of revising and amending the Constitution 
 as a sort of means of legislating directly for themselves. 
 
6 THE GOVERNMENT OF NEW YORK. 
 
 Constitution of 1894.-67 1866 the need of a revision 
 of the Constitution was again felt, and a convention was 
 called in that year. Its work was unsatisfactory and its 
 proposals were rejected by the people. Between that 
 date and 1894 the people had grown to distrust the 
 Legislature more and more and to place more confidence 
 in the governor. They came to regard him and his veto 
 as the bulwark against hasty and bad law-making by the 
 Legislature. When, therefore, a convention met in 1894 
 to revise the Constitution there was an observable ten- 
 dency to increase the governor's authority and to put 
 more restrictions on the Legislature. The most impor- 
 tant of these was that aimed against special laws for 
 individual cities. In order to prevent it the Constitution 
 divided the cities of the State into three classes accord- 
 ing to their population. Then any law that may be 
 passed afifects all the cities of any one class and not sim- 
 ply a single city. Other clauses were added to the Con- 
 stitution, making it the longest we have as yet had. As 
 this Constitution of 1894 is that under which we are now 
 living, we shall turn to its consideration. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Make a list of the things which you or your parents do day by 
 
 day which are affected by (i) National laws, (2) State laws. 
 
 2. What is the difference between a legislature and a convention ? 
 
 3. Sum up the advantages and disadvantages of having the people 
 
 legislate directly by revising or amending the Constitution. 
 
 4. Find out the number of pages in the Federal Constitution and 
 
 compare it with the number of pages in the State constitu- 
 tions of 1777, 1821, 1846, 1894. (See Poore, Charters and 
 Constitutions.) 
 
CHAPTER II. 
 
 CONSTITUTIONAL RIGHTS. 
 
 Natural Rights. — In the eighteenth century, at the time 
 when our first Constitution was made, the people gener- 
 ally believed that all early government began in what they 
 called a " social compact." According to that all men 
 were in a state of nature something similar to the state 
 in which we found the savages when we first came to this 
 country. They thought that men all came together and 
 decided to have a government. In order to do this men 
 had to give up certain rights which they had all enjoyed 
 as individuals before they decided to have a government. 
 There were some rights, however, which were regarded 
 as " inalienable " — ^that is, they could not be surrendered 
 or given up by anybody. These rights were life, liberty, 
 and the pursuit of happiness. It was thus that the people 
 of the eighteenth century believed that government was 
 a "necessary evil." They thought that man had more 
 rights in a " state of nature," as they called it, than he 
 had when governments were formed. Nowadays we 
 know that people were all wrong in believing this. We 
 know that government was a matter of very slow growth 
 and did not come from any " social compact." We 
 know further that what rights we enjoy were made 
 possible to us by an organized government. Before gov- 
 ernment grew up there were no rights which anybody 
 could call his own. He was in danger of being killed, 
 
 7 
 
8 THE GOVERNMENT OF NEW YORK. 
 
 of having his property taken away from him, or of being 
 made a sla\e by somebody who was stronger than he. 
 As there was no government, there was no one to whom 
 he could look for protection. What good were his rights 
 if he could not enjoy them? We know now that what 
 rights we ha\e are made possible to us by the govern- 
 ment. We also know that if all the people, forming what 
 is technically known as the " social body," wish to de- 
 prive individuals of the right of holding private property, 
 they may do so. Government is only the rnachine which 
 the people use to do their will. They may give to the 
 government the power, to do anything that they wish it to 
 do, or they may deprive it of any power which they do 
 not wish it to exercise. The powers which the govern- 
 ment of this State is or is not to have are carefully laid 
 down in the Constitution. 
 
 Divisions of the Constitution Our State Constitution, 
 
 like the Federal Constitution, opens with a Preamble. 
 This is : " We, the people of the State of New York, 
 grateful to Almighty God for our Freedom, in order to 
 secure its blessings, do establish this Constitution." 
 The Constitution is divided into fourteen articles, and 
 these in turn are divided into sections, but for purposes 
 of convenience we may group them all under four chief 
 divisions. The first of these we will call the " Bill of 
 Rights," because in it are placed certain rights which 
 the people have declared that the government cannot 
 take away from the individual (Articles I, II). The 
 second division has to do with the " departments of 
 government " — the Legislature, the Executive, and the 
 Judiciary (Articles III, IV, V, VI). The third em- 
 
CONSTITUTIONAL RIGHTS. 9 
 
 braces powers other than those over individual rights 
 which the people have denied to the government, or sub- 
 jects on which they have chosen to legislate directly by 
 placing them in the Constitution (Articles VII, VIII, 
 IX, X, XI, XII, XIII). The fourth and last division 
 deals with amendments to the Constitution (Articles 
 XIV, XV). 
 
 Bill of Rights — This is a portion of the Constitution 
 about which the people of the time of the Revolution felt 
 very strongly. From the time of the Magna Charta to 
 the American rebellion from the tyranny of George III. 
 Englishmen had struggled to prevent the government 
 from denying certain rights to the individual. These 
 rights had been set down in the most celebrated docu- 
 ments in English history — Magna Charta, 12 15, Petition 
 of Right, 1628, and the Bill of Rights, 1689. They are 
 the same as appear in the first eight amendments to the 
 Federal Constitution: Trial by jury, religious liberty, 
 habeas corpus, no excessive bail, fines or punishments, 
 indictment by a grand jury for serious offenses, no per- 
 son to be twice put in jeopardy for the same offense, no 
 one to be compelled in a criminal case to be a witness 
 against himself, no person to be deprived of life, liberty, 
 or property without due process of law, no private prop- 
 erty to be taken for public use without just compensa- 
 tion, freedom of speech and the press, and right of peti- 
 tion. All of these are either clear in themselves or have 
 been explained in the first portion of this book. 
 
 In addition to these there are certain other provisions 
 restricting divorces, prohibiting lotteries, pool-selling, 
 book-making, and other forms of gambling, and several 
 
lo THE GOVERNMENT OF NEW YORK. 
 
 sections relating to an old system of landholding, which 
 was in existence during colonial times. 
 
 Voting Of greatest importance are the clauses which 
 
 relate to voting. This did not appear among the 
 " rights " for which Englishmen had struggled in their 
 early history. It is a " privilege " which has been granted 
 to citizens without distinction in New York State only 
 during the course of the nineteenth century. Now the 
 Constitution provides : " No member of this State shall 
 be disfranchised, or deprived of any rights or privileges 
 secured to any citizen thfereof unless by the law of the 
 land, or the judgment of his peers." That is to say, that 
 the Legislature cannot by merely passing a law deprive 
 a member of the State of such rights or privileges. To 
 be deprived of them a member of the State must be tried 
 and convicted of having done something which under the 
 Constitution of the State makes him incapable of enjoy- 
 ing the rights and privileges of the ordinary citizen. 
 
 Qualifications of Voters. — Not everybody who lives in 
 the State, however, enjoys the privilege of voting. The 
 Constitution makes this clear. A voter niust be a male 
 citizen twenty-one years of age; he must have been a 
 citizen for ninety days (see pp. 98, 99, of " Our Govern- 
 ment '") ; and he must have been an inhabitant of the 
 State for at least one year next preceding the election at 
 which he offers his vote. But this is not all. He must 
 be a resident in the place where he wishes to cast his 
 ballot. He must have resided in the county for at least 
 four months and in the election district for at least thirty 
 days before election day. 
 
CONSTITUTIONAL RIGHTS. n 
 
 Persons Excluded from Voting Nevertheless, a man 
 
 having all the above qualifications is deprived of the 
 privilege of voting if at any time he is convicted of hav- 
 ing taken or given bribes at an election, or of having 
 committed any other infamous crime. In earlier times, 
 as we have seen, there were many more persons excljided 
 from the privilege of voting than at present. Under the 
 Constitution of 1777, all negroes, free or slave, were 
 excluded; under that of 1821 free negroes owning a cer- 
 tain amount of property were allowed to vote, but it was 
 not until the amendment of 1874 was made to the Con- 
 stitution of 1846 that negroes were put on an equality 
 with white men in the matter of voting. This was done 
 in accordance with the Fifteenth Amendment to the Fed- 
 eral Constitution declared in force in 1870. White men 
 also who did not own a certain amount of property were 
 excluded from voting by the constitutions of 1777 and 
 1 82 1, and it was not until 1826 that an amendment re- 
 moved this restriction. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. What was the Magna Charta ? the Petition of Right ? the 
 
 English Bill of Rights ? Find out their history and give 
 their most important provisions. 
 
 2. Compare Article I of the Constitution of New York State 
 
 with the first eight amendments to the Federal Constitution. 
 
 3. Are there countries where freedom of speech and freedom of 
 
 the press are restricted ? 
 
 4. Can you suggest any reasons why the prohibition concerning 
 
 lotteries and other forms of gambling should be put into 
 the Constitution ? 
 
CHAPTER III. 
 
 THE LEGISLATURE. 
 
 Necessity for a Legislature. — Upon the voters depends 
 the government. If they are uneducated and corrupt, 
 and pay Httle attention to pohtics, the government will 
 be bad and poorly run. If they are honest and intelli- 
 gent and take an active interest in it, the government 
 will be well run. In very early times almost everything 
 used to be attended to by the voters directly, but with 
 the increase of population and the growth of large States 
 this became impossible. The voters became so numerous 
 that they could no longer meet together in a single place, 
 and, if they could have met, they could not have made 
 themselves heard. Then, again, those living far away 
 from the place of meeting could not afford the time to 
 come. So it became customary to turn over to others the 
 duty of carrying on the government. For this purpose 
 three departments came to be organized : one, the Legis- 
 lature, to make the laws; another, the Executive, to see 
 that they were carried out or executed ; and still another, 
 the Judiciary, to decide on the meaning of laws, settle 
 disputes, and declare whether the law was to be applied 
 to a particular case. This threefold division lies at the 
 basis of our government, and though each division is 
 closely connected with the others we treat them under 
 
THE LEGISLATURE. 13 
 
 separate heads for the sake of clearness. This chapter 
 is to deal with the first division — ^the Legislature. 
 
 Division into Houses — Our Legislature is divided into 
 two houses, the Senate and the Assembly. The first has 
 fifty members elected every two years, and the second 
 three times as many elected every year. The day for 
 their election is on the Tuesday following the first Mon- 
 day in November. 
 
 Senate Districts.— The State is divided by the Legis- 
 lature into fifty districts, and from each a Senator is 
 chosen. In making the division into districts an attempt 
 is made to have about the same number of people in 
 each, but as the county boundaries must also be thought 
 of, this is not always strictly possible. For instance, it 
 is not allowed to take a part of one county and a part of 
 another and put them together to form a Senate District. 
 A single county may form a Senate District, like Albany 
 County, or a county may be divided into many Senate 
 districts, like Erie and New York counties, or two or 
 more counties may be put together to form a Senate 
 District, but the county boundaries must always remain 
 intact. Under certain conditions too complicated to be 
 gone into we might even have fifty-one Senators in New 
 York State, but this is likely to happen but seldom. Then, 
 again, no matter what the population of a county may 
 be, even if it is more than half of the population of the 
 State, it cannot have more than one-third of the Senate 
 districts, and no two adjoining counties may have more 
 than half of the Senate districts. The object of this con- 
 stitutional provision is, of course, to prevent any one sec- 
 
14 THE GOVERNMENT OF NEW YORK. 
 
 tion of the State from controlling the Senate; but with 
 the increase in the population of the counties which form 
 New York City it is going to be difficult to prevent such 
 control. 
 
 Assembly Districts. — For purposes of the Assembly 
 the whole State is divided into one hundred and fifty dis- 
 tricts. Here, as in the case of the Senate districts, the 
 county boundaries must be res'pected, but as the Assem- 
 bly districts are smaller, it so happens that every county, 
 with one exception, is formed into one or more Assembly 
 districts, according to its population. The only excep- 
 tion is in the case of Hamilton and Fulton counties, 
 which, on account of the small number of their popula- 
 tion, form one Assembly District. In cases, however, 
 where a county is divided into several Senate districts, 
 each of these shall have the same number of Assembly 
 districts. The Legislature assigns to each county the 
 number of Assembly districts which it is to have. The 
 division into Assembly districts is made by the Board 
 of Supervisors of the county if it have more than one 
 district. The Board of Aldermen makes the division for 
 the counties comprising New York City. 
 
 Census. — The State is " re-districted " by the Legisla- 
 ture every ten years. For the purpose of making the 
 Senate and Assembly districts it is necessary to know the 
 number of people in the State and their residence. So in 
 the Constitution it is provided that every ten years a State 
 census shall be taken. The first of these has just been 
 taken in 1905, and there will be another in 1915. As the 
 National government also takes a census every ten years. 
 
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THE LEGISLATURE. 
 
 IS 
 
 the last being in 1900, we have a census every five years. 
 According to the basis on which we are now running each 
 Senate District has approximately 130,000 inhabitants, 
 and an Assembly District about 43,000. With the new 
 census of 1905, however, these numbers will be larger. 
 
 Members. — To be a member of either house a man 
 must be a citizen of the State and twenty-one years of 
 age. He cannot hold, or have held within one hundred 
 days previous to his election, office as a United States 
 Congressman, a civil or military office under the United 
 States Government, or an office under any city govern- 
 ment. If he accepts any such office after he is chosen 
 to the State Legislature, he loses his seat. A member 
 is not required by the Constitution to be a resident of 
 the district from which he is chosen, but by law this resi- 
 dence is made necessary. He is also disqualified for the, 
 office if he has committed some infamous crime. 
 
 Privileges of Members. — Members are paid for their 
 services, are exempt from arrest in a civil action while 
 attending a session of the Legislature, and cannot be 
 questioned in any other place for anything they may 
 have said in the Legislature. 
 
 Meeting and Organization. — The Legislature meets every 
 year, and assembles on the first Wednesday of January. 
 In organization it resembles very closely the Congress 
 of the United States. The officers and the committee 
 system of doing business are almost the same. The 
 Lieutenant Governor is the presiding officer in the Sen- 
 ate. In case he is absent a temporary president is 
 
i6 THE GOVERNMENT OF NEW YORK. 
 
 chosen by the members. In the Assembly the presiding 
 officer is called the Speaker and is chosen by the mem- 
 bers. There are besides many subordinate officers in both 
 houses, such as clerks, stenographers, and door-keepers, 
 some of whom are appointed by the presiding officers 
 and some elected by the members. Each house deter- 
 mines the rules of its own procedure, and judges of the 
 elections, returns, and qualifications of its own members. 
 Each house must keep a journal of its proceedings and 
 must allow the public to see it or to hear the proceedings 
 in the open house, except in such cases as demand secrecy 
 for the sake of the public welfare. Neither house may 
 adjourn for more than two days without the consent of 
 the other. A majority of each house shall constitute a 
 quorum to do business, but in the case of the final pas- 
 sage of a bill levying taxes, creating a debt, or appropri- 
 ating money or property, three-fifths of the members 
 elected must be present. The business is conducted by 
 means of committees appointed by the presiding officer 
 in each house. To these committees are referred the 
 particular bills on subjects which they are appomted to 
 consider. To the Committee on Railroads, for example, 
 are referred all bills afifecting railroads. There are other 
 committees on finance, judiciary, cities, canals, education, 
 taxation, etc. 
 
 Powers of the Legislature.— In general, it may be said 
 that the Legislature has power to pass laws on all sub- 
 jects (i) not prohibited by the United States Constitu- 
 tion (Article I, Section X), (2) not expressly granted 
 to the National government, (3) and not prohibited by 
 the State Constitution. Of these, the third class is the 
 
THE LEGISLATURE. 17 
 
 most numerous, and the tendency is for it to become more 
 so. In spite of this, however, the powers of the Legis- 
 lature are very broad, for it has to do with the everyday 
 concerns of the people. Besides its legislative powers, it 
 also has executive and judicial functions. The Senate, 
 for example, has the right to confirm or reject appoint- 
 ments made by the Governor, and acts as a court of trial 
 in cases of officers impeached by the Assembly. 
 
 Methods of Procedure. — There is no difference between 
 the two houses in the powers which they exercise over 
 legislation. All bills — even those appropriating money 
 — may originate in either house. All laws must be 
 passed by both houses, and must have the assent of the 
 majority of the members elected to each house. Those 
 appropriating money or property for local or private pur- 
 poses must have the votes of two-thirds of the members 
 elected to each house. All bills passed by one house may 
 be amended in the other. The enacting clause of all bills 
 is : " The People of the State of New York, represented 
 in Senate and Assembly, do enact as follows : " and no 
 law can be enacted except by bill. 
 
 The Making of Laws. — Each house determines for it- 
 self the proceedings which must be gone through before 
 a bill can become a law. These are to be found in small 
 pamphlets entitled, " Rules and Orders of the Senate " 
 and " Rules and Orders of the Assembly." These differ 
 in small details, but in general we may say that a bill 
 'passes through three important stages, (i) A bill is 
 introduced by a member from his place, or on the report 
 of a committee, or by a message from the other house. 
 The bill is then given its first reading by the Clerk, usu- 
 
1 8 THE GO\'ERNMENT OF NEW YORK. 
 
 ally by title only, and is then referred to the committee 
 which has charge of the subject to which the bill relates. 
 (2) This committee then takes the bill in hand. If the 
 committee thinks the bill worthy of passing, it may dis- 
 cuss it very fully, have hearings on it of people- inter- 
 ested, may make any modifications it sees fit, and then 
 report it back to the house. If the committee does not 
 like the bill, it may report against it, and thus " kill the 
 bill in committee," as the saying goes. The house may, 
 of course, demand to have a bill reported to it, but it 
 seldom does. If, however, the bill is reported favorably, 
 and the house accepts the report, it is then given its 
 second reading at some specified time. After this read- 
 ing time is allowed for debate. After this is done, the 
 bill may be adopted in whole or in part, or amended, or 
 referred to the Committee of the Whole. In the Senate 
 every bill must be referred to the Committee of the Whole 
 before it can have its third reading, but in the Assembly 
 it need not be unless two-thirds of the members present 
 demand it. The object in referring a bill to the Commit- 
 tee of the Whole is to get more opportunity for debate. 
 In this committee the ordinary rules of the house, which 
 only allow of a short time for debate, are suspended, and 
 a more informal discussion takes place. If the bill is 
 passed after the second reading, it is ordered to be printed 
 and distributed to the members. A time is set for its 
 third reading. At that time the " ayes " and " noes " 
 are taken and entered on the journal of the house. No 
 debate is allowed. If the vote is affirmative, the bill is 
 then sent to the other house, where it is dealt with in 
 much the same fashion. If that house passes it, it is 
 ready for the Governor. 
 
THE LEGISLATURE. 
 
 19 
 
 Checks. — The object of all this complicated procedure 
 is to facilitate business, and to insure careful considera- 
 tion of each bill, while the object of having two houses 
 is for one to form a check on the other. 
 
 Conference Committee. — It may happen, however, that 
 one house amends the bill of the other in a way which is 
 not acceptable. To settle the matter a Conference Com- 
 mittee, composed of members of both houses, is appointed. 
 This committee tries to make a compromise satisfactory 
 to both houses, but sometimes it does not succeed and 
 the bill fails to become law. 
 
 Submission to the Governor. — If the bill, however, is 
 finally passed by both houses it is sent to the Governor. 
 If he signs it, it becomes law; but if he disapproves it, 
 he " vetoes " it and sends it back with his objections to 
 the house in which the bill was first introduced. If the 
 Governor does not return the bill within ten days (Sun- 
 days excepted) after he receives it, it becomes law with- 
 out his signature; or if he vetoes it and the houses re- 
 pass it with a two-thirds majority the signature of the 
 Governor is not necessary. No bill, however, can be- 
 come a law after the final adjournment of the Legisla- 
 ture unless approved by the Governor within thirty days 
 after such adjournment. These bills are known as 
 " thirty-day bills," and there is always a large number 
 of them. Many the Governor signs, but he allows a good 
 many to " die " by failing to sign them. 
 
 Restrictions on the Legislature. — Originally the Legis- 
 lature was able to pass laws on almost every variety of 
 
20 THE GO\'ERN]MENT OF NEW YORK. 
 
 subject, except, of course, on those prohibited by the 
 Xatiohal Constitution. The people later grew distrustful 
 and began to put into the State Constitution certain 
 subjects upon which the Legislature could not legislate. 
 These are too numerous to give a complete list, but in 
 general the}' may be grouped under two heads : ( i ) 
 Financial restrictions and (2) restrictions on private and 
 local bills. Under the first heading we may note the fol- 
 lowing: (a) An appropriation bill must not contain any 
 provision not relating to the appropriation. This is to 
 prevent the evil known as " riders." On bills appropriat- 
 ing money for the expenses of the government the Legis- 
 lature would put a clause which had nothing to do with 
 the appropriation, but related to some entirely different 
 matter. The Governor might not wish to give this 
 clause his approval, but as he needed the money he had 
 to sign the bill, and thus the objectionable clause would 
 become law. This has been done away with now, and 
 the Governor may also veto any particular item of an 
 appropriation bill without vetoing the whole bill, (b) 
 The Legislature may not lend the State's money or credit 
 for the benefit of an individual, association, or corpora- 
 tion, (c) The Legislature cannot contract debts to meet 
 current expenses in excess of one million dollars, except 
 to defend the State in time of invasion, insurrection, or 
 war, and the money thus raised cannot be used for any 
 other purpose whatsoever, (d) No extraordinary debt 
 shall be contracted unless it is duly authorized by 
 law for some special object, and even then it cannot be 
 valid until it is submitted to the people at some general 
 election and approved of by a majority of all the votes 
 cast. 
 
THE LEGISLATURE. 21 
 
 Private and Local Bills — The Legislature used to pass 
 many private or local bills, usually for the benefit but 
 sometimes to the detriment of one person or locality. 
 This was the source of much corruption, and now the 
 Constitution declares that any such bill must not embrace 
 more than one subject, and that must be expressed in the 
 title. Further than this there are some fourteen dififerent 
 subjects on which the Legislature may not pass private or 
 local bills. The most important of these are: (a) The 
 laying out or altering of highways; (b) locating or 
 changing of county seats; (c) incorporating villages; 
 (d) regulating the rate of interest on money; (<?) grant- 
 ing to' any corporation the right to lay down railroad 
 tracks; (/) granting to any private corporation any ex- 
 clusive privilege or franchise whatever; (g) granting an 
 exemption from taxation. All laws on such subjects must 
 be of a general nature and not be applicable simply to one 
 person or locality, but to many. 
 
 Indirect Restrictions. — In addition to the direct prohi- 
 bitions on the Legislature there are numerous clauses 
 contained in Articles VII-XIII of the Constitution 
 which we may call indirect restrictions. These are sub- 
 jects which the people would not trust to the Legisla- 
 ture, but which they wished to withdraw from its control 
 by putting clauses in the Constitution relating to them. 
 Such restrictions are those which direct the Legislature 
 to provide for a forest preserve, canals, charitable and 
 educational institutions, a militia, the organization of 
 counties and cities. They would not trust the Legisla- 
 ture to legislate concerning bribery and free passes on 
 the railroads, and so put clauses in the Constitution re- 
 
22 THE GOVERNMENT OF NEW YORK. 
 
 lating to them. A clause about the last of these makes 
 it a misdemeanor for any holder of an office under the 
 State to receive a pass. 
 
 General Similarity to Congress — Our outline of the 
 State Legislature has served to show us how very sim- 
 ilar it is in many ways to the Congress of the United 
 States. In our next chapter we are to find out if the 
 Legislature works out in practice the way it is supposed 
 to work in theory. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. What reasons are there for favoring annual rather than bi- 
 
 ennial sessions of the Legislature f 
 
 2. When Tvas the last census taken by the United States? By 
 
 the State ? When was the last apportionment of Senate 
 and Assembly districts made? Why is apportionment re- 
 quired so frequently? 
 
 3. How large is the Assembly District in which you live ? 
 
 What territory does your Senate District include ? Who 
 is your Assemblyman ? Your Senator ? When was each 
 elected ? When will their successors be elected ? 
 
 4. According to the last apportionment what were the ratios for 
 
 Senate and Assembly districts? Find the population of 
 several districts and see how nearly they correspond to the 
 ratio. 
 
 5. When did the last regular session of the Legislature occur? 
 
 How long did it last ? Which party had a majority in the 
 Senate ? In the Assembly ? How large were these ma- 
 jorities ? 
 
 6. What were the most important subjects considered by the 
 
 Legislature at this session ? What important laws were 
 enacted ? 
 
 7. What reasons can you give for granting to the Legislature 
 
 those privileges mentioned in this chapter? 
 
THE LEGISLATURE. 23 
 
 8. Do the people of the State take as much interest in the work 
 
 of the Legislature as in the work of Congress ? 
 
 9. In what ways may vacancies occur in the Legislature? 
 
 10. What persons may not receive passes? What reasons can 
 
 you give for this prohibition ? Why was this provision 
 made a part of the Constitution, instead of remaining a 
 mere law ? 
 
 11. In how many ways may a bill become a law? In how many 
 
 ways may it fail to become a law ? 
 
 12. Why should the Governor have the power to veto a bill? 
 
 13. Can you determine from the titles of committees given in 
 
 the Legislative Manual what matters are considered by 
 each committee? 
 
 14. What is meant by a " Committee of the Whole " ? 
 
 15. Look up the definition of a corporation. 
 
 16. Find out the difference between a private and a public 
 
 corporation. 
 
CHAPTER IV. 
 
 THE WORKING OF THE LEGISLATURE. 
 
 The Difference between Theory and Practice. — We often 
 hear it said that things may work well in theory, but 
 not in practice. Our State government, as well as our 
 National government, does work remarkably well in 
 practice, but that fact is no reason why we should 
 close our eyes to some of its faults. It is very difficult 
 for us to see our own faults, and these have been best 
 pointed out to us by foreigners who have examined our 
 institutions. 
 
 Character of the Members of the Legislature Some 
 
 very excellent men have sat in our Legislature, but also 
 some who were inferior. It is natural to ask how these 
 get in. In part this is undoubtedly due to our " district 
 system," which makes it necessary for a member of the 
 Legislature to live in the district which he represents. 
 In theory it ought to be possible to find a man of emi- 
 nence in every district, but in practice it often is not. 
 Men of ability sometimes do not wish to go to the Legis- 
 lature, and then the voters must take an inferior man. 
 At other times a strong man fails of reelection because 
 he has offended the political boss of the district, or has not 
 been pleasing to some particular faction in it. Thus the 
 
 24 
 
THE WORKING OF THE LEGISLATURE. 25 
 
 State loses his services because he cannot be elected 
 from another district unless he resides in it, and it is not 
 always possible or convenient for him to move. So it 
 is that legislators frequently vote for measures that they 
 do not think right or good for the interests of the State 
 at large, because they are afraid of offending the leader, 
 or the voters of the district from vi^hich they are chosen, 
 and so of losing their seat at the next election. This 
 makes our legislators narrow statesmen. Under these 
 circumstances we may well ask ourselves if we could not 
 improve matters by allowing our representative to be 
 chosen from anywhere within the State. 
 
 Short Terms. — The election of Assemblymen every year 
 and Senators every two years is not in itself a bad sys- 
 tem. It enables us to get rid of an incapable man, but 
 this very fact makes us careless of the character of the 
 man we elect. At elections we do not reelect good men 
 frequently enough. We wish to give too many a chance. 
 A man no sooner gets into the working of the Legisla- 
 ture than he has to get out. We make demands on our 
 representative to do things for our district, and unless 
 he does them, out he goes. This puts him under the 
 necessity of thinking all the time about his reelection. 
 He plays to the " grand stand," for, unless he does, he 
 knows that his public career will be cut short by the 
 voters, even if it is not by the political boss. Such short 
 terms of office destroy the efficiency of our legislators. 
 
 Effects of Restrictions on the Legislature. — To send a 
 man to the Legislature to make laws, and then to make 
 a long list of subjects on which he cannot legislate does 
 
26 THE GOVERNMENT OF NEW YORK. 
 
 not give to the office the dignity it should have. A truly 
 great man likes responsibility, and if he is not to have 
 it he does not wish the office. Men of less ability will 
 go where he refuses to go. Their motives are not always 
 the best and they do not make the best legislators. 
 
 Fear of the Legislature. — Some people argue that we 
 must restrict the Legislature, for if we do not it will do 
 harm by passing bad laws. Such men always give a sigh 
 of relief when the Legislature closes its session. But we 
 must remember that if bad men are sent to the Legisla- 
 ture it is our fault and not theirs. We as voters are re- 
 sponsible for them, and if we do not attend to our duties 
 as voters, they will not attend to theirs as legislators. 
 Perhaps if we gave them greater responsibility and 
 watched them more closely, we might find more capable 
 men desiring to go to the Legislature to make names for 
 themselves. 
 
 Lack of Public Interest in the Legislature. — Though, as 
 we have seen, the State has more to do with our daily 
 life than the National government, it is remarkable that 
 we take more interest in the doings of the latter than of 
 the former. Our newspapers devote very little space to 
 the proceedings in the legislative chambers at Albany. 
 The result of all this is that bad bills are often put 
 through, and " jokers " in bills are of frequent occur- 
 rence. These are clauses in otherwise good bills which 
 are not for the public welfare, and which are allowed to 
 remain in the bill simply because the general public has 
 not paid attention to what the Legislature is doing. This . 
 failure of the people to watch the Legislature is also 
 
THE WORKING OF THE LEGISLATURE. 27 
 
 largely responsible for much of the corruption which is 
 to be found at times among bur legislators. 
 
 The Committee System — The doing of the large bulk 
 of the work in the Legislature by means of committees 
 is also responsible for many bad bills, though, of course, 
 the system does permit of the Legislature accomplishing 
 a great deal of work. " What the committee says goes," 
 is a common saying. The committee being a small body 
 can be much more easily influenced by interested parties, 
 and thus frequently reports a bill, and the Legislature 
 passes it, which would not pass if the Legislature were 
 compelled to examine it more closely. Much hasty and 
 ill-considered legislation is put through as the result of 
 this system. 
 
 Actual Lawi-Making. — At first legislation seems a very 
 simple matter. We think of an assembly of legislators 
 gathered together to make laws for us. A member rises 
 from his seat, and, getting recognition from the presid- 
 ing oflicer, proposes a bill, or presents a long argument 
 for or against one which is before the house. In practice 
 he does no such thing. If he wishes to speak on an 
 important measure he has to arrange beforehand to be 
 recognized by the presiding officer, and the latter is not 
 always willing to do it. If sufficient pressure cannot be 
 brought to bear to get recognition, the member may rise 
 from his seat in vain, he is not recognized and is not 
 allowed to speak. Even if he obtains recognition, the 
 time he may speak is very much limited. The result of 
 this is that the bills are voted upon with very little debate 
 or discussion. As the members of a political party are. 
 
28 THE GOVERNMENT OF NEW YORK. 
 
 therefore, frequently in doubt how they are to vote, they 
 all meet " in caucus " at some time and place outside the 
 legislative chamber, and there decide how to vote on a 
 given bill. Such practices are resorted to on account of 
 the enormous number of bills which comes before the 
 Legislature every session. There are so many that the 
 members have barely time to read them privately, much 
 less to hear them discussed at length in the hours when 
 the Legislature is sitting. Many a legislator thus votes 
 for or against a bill which he has not even read. Some 
 say that the Legislature passes more laws than can be 
 enforced by the executive, and that we could well do 
 without many of them. This is very probably true, but 
 for every bill that is passed several others fail of passage. 
 All of them, however, take up the time of the Legislature. 
 
 The Lobby. — Nothing is so responsible for the large 
 number of bills presented in the Legislature as the 
 "lobby." This term is applied to two things: (i) The 
 hall or space outside the doors of the legislative cham- 
 bers; (2) the group of men who assemble there to urge 
 legislators to pass or defeat certain bills. The individuals 
 of this group are known as " lobbyists." They go to the 
 State Capitol to represent either their own interests or 
 those of others. We often think that the members of the 
 Legislature consider the needs of the community and 
 bring in bills of their own to satisfy those needs. As 
 a matter of fact, a very large number of bills brought 
 into the Legislature are suggested and worked up by 
 members of that group of men known as the lobby. As 
 they have everything to gain by their bills they are very 
 persistent in getting members of the Legislature to vote 
 
THE WORKING OF THE LEGISLATURE. 29 
 
 for them and in bringing all sorts of " pressure " to bear. 
 The greatest evils we suffer from are due to this lobby, 
 for the bill of the lobbyist is usually for the benefit of the 
 few at the expense of the many. The Legislature itself 
 is sometimes accused of bringing in " strike bills " — ^that 
 is, bills against certain corporations — for the purpose of 
 being bought off by the lobby. In some of the Western 
 States they are trying to prohibit " lobbying." It is a 
 question whether we should not try something of the same 
 sort in our own State.- 
 
 The Machine — The lobby frequently seeks and gets the 
 support of what is known as the " machine." This usu- 
 ally means that group of party politicians, either within 
 or without the Legislature, who are able, on account of 
 their great influence with the party, to compel the members 
 of their party in the Legislature to vote as they dictate 
 under pain of defeat at the next election if they refuse. 
 We often hear it stated that such and such a bill has 
 been "jammed" through the Legislature, or defeated, 
 at the dictation of a party leader, and that the vote taken 
 was strictly along " party lines." This means, of course, 
 that the members of the Legislature voted regardless of 
 argument or debate. They closed their ears to all rea- 
 son and voted as they were told. This sort of thing 
 takes place more frequently in our Legislature than in 
 the Congress of the United States, and more so than in 
 the Legislature of any other State.^ If this is true, then 
 we as voters are responsible. Laws should be made with 
 
 • See a report of Mr. A. L. Lowell in the Proceedings of the American 
 Historical Association for 1901. 
 
30 THE GOVERNMENT OF NEW YORK. 
 
 cool deliberation and not " jammed " through in this 
 fashion. 
 
 Lack of Business Principle The lobby and the ma- 
 chine serve to make our legislators ignore the fundamen- 
 tals of business principle and morality. They run the 
 government on a basis that they would not think of 
 employing in their private business. They forget that 
 the offices which they hold are trusts ^^■hich they should 
 not violate on account of any amount of pressure from 
 the lobby and the machine. 
 
 Our Remedy Other faults of the National Congress, 
 
 such as the use of " log-rolling " and " patronage," do 
 not exist to any great extent in our State Legislature; 
 but we have cited enough to show that our methods are 
 not entirely perfect. To know our faults, however, and 
 to do nothing to remedy them is worse than not know- 
 ing them at all. We should know our imperfections in 
 order that we may try to improve them. As we live 
 under a democratic government we should always re- 
 member that whatever faults exist in it rest on our shoul- 
 ders. So when we feel inclined to decry the men we 
 elect, we should be ready to acknowledge that if they 
 are bad it is we who are to blame. We cannot excuse 
 ourselves by saying that we have not the time to devote 
 to politics. It is our business to make time, and if we 
 fail to do so, we have no real right to complain. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Give arguments for and against placing manj restrictions on 
 
 the Legislature. 
 
 2. Explain "log-rolling" and "patronage." 
 
THE WORKING OF THE LEGISLATURE. 
 
 31 
 
 Give the advantages and disadvantages of the "committee 
 system " of doing legislative business. 
 
 Find out if there is any country in which members of the 
 legislative branch of the government do not have to reside 
 in the districts by which they are chosen. What effect 
 do you think this would have on the quality of the men 
 chosen and on the length of time that they remain in public 
 service ? 
 
 Does the Constitution of the United States make it necessary 
 for a member of the House of Representatives to reside in 
 the district from which he is chosen? If not, does he usu- 
 ally do so ? Why ? Can you find out if there is any place 
 in New York State where this principle is violated ? 
 
CHAPTER V. 
 
 THE EXECUTIVE. 
 
 Responsibility. — The Executive Department of the 
 State government consists of those officers whose busi- 
 ness it is to see that the laws passed by the Legislature 
 are put into operation and enforced. In colonial times, 
 when the Governor was appointed by the English crown, 
 he used to appoint in turn the other executive officers. 
 Such a system was not liked by the people after the 
 Revolution, and they soon brought it to pass that almost 
 all of the most important officials were to be elected by 
 the people. This, of course, made them all directly re- 
 sponsible to the people. In this respect the State govern- 
 ment is not at all like the Federal government, for there, 
 as we saw, the chief executive officer, the President, is 
 alone responsible to the people, and the other executive 
 officials are appointed by and are responsible to him. 
 
 The Governor — The Governor is the title of the chief 
 executive officer of the State. He is elected at the same 
 time and places as members of the Legislature, and holds 
 office for two years. To be eligible he must be : ( i ) A 
 citizen of the United States; (2) not less than thirty 
 years of age; (3) a resident of this State for five years 
 next preceding his election. Like the President, he has 
 to take an oath of office and also to swear that he has not 
 used money or other unfair means to procure election. 
 
 32 
 
THE EXECUTIVE. 
 
 33 
 
 Powers of the Governor. — He is commander-in-chief of 
 the military and naval forces of the State. He may 
 convene both houses of the Legislature or the Senate 
 alone in extra sessions, at which, however, only the sub- 
 ject for which he calls them together is to be considered. 
 He may grant reprieves, commutations, and pardons ex- 
 cept in cases where the convicted person has been guilty 
 of treason or been tried on articles of impeachment. He 
 has the appointment, by and with the advice and consent 
 of the Senate, of many State officers. He may suspend 
 or remove certain State and local, officers for wrong- 
 doing. He has the power, as we saw above, to accept 
 and sign bills, or to reject and veto them. 
 
 Duties of the Governor. — The Governor has many duties, 
 and they are constantly increasing in number. We can 
 consider only the most important. He must communi- 
 cate by message to the Legislature at every session on the 
 condition of the State, and recommend such measures as 
 he thinks best. He must see to it that the laws are faith- 
 fully executed. In case he grants pardons, commutations 
 of sentence, or reprieves to a convicted criminal, he must 
 report the matter to the Legislature at its next session. 
 
 The Lieutenant Governor. — The Lieutenant Governor 
 must have the same qualifications for office as the Gov- 
 ernor, and is elected in the same way. Ordinarily his 
 sole duty is to preside over the Senate, but he is not a 
 member of that body, and has a vote only in case of a tie. 
 Should the office of Governor become vacant from any 
 cause the Lieutenant Governor succeeds to it. In case of 
 the death of both the Governor and the Lieutenant Gov- 
 
34 THE GOVERNMENT OF NEW YORK. 
 
 ernor the office of Governor goes to the President of the 
 Senate, and in case of his death to the Speaker of the 
 Assembly. 
 
 Lower Executive Officers. — The officers of the Execu- 
 tive Department below the Governor and Lieutenant 
 Governor may be divided into four classes : ( i ) Elected ; 
 (2) appointed; (3) appointed boards; (4) ex-officio 
 boards. 
 
 Elected Officers. — There are five officers elected by the 
 people, besides the Governor and Lieutenant Governor, 
 for the term of two years. ( i ) The Secretary of State 
 has charge of the great seal and records of the State, 
 superintends the publication of laws, the taking of the 
 State census, and the granting of commissions and cer- 
 tificates of incorporation. (2) The Comptroller audits 
 the public accounts, superintends the collection of taxes, 
 makes an annual report to the Legislature of income and 
 expenditures of the State Government, gives an estimate 
 of the amount of money needed for State expenses for the 
 next year, and issues orders or warrants for any money 
 which is to be drawn from the State Treasury. (3) The 
 Treasurer is the custodian of the money received by the 
 State, and may pay it out only on an order from the 
 Comptroller. (4) The Attorney-General is the law officer 
 of the State and the legal adviser of the other State offi- 
 cers. He protects the interests of the State in courts in 
 which they are involved, and must prosecute criminals 
 if directed to do so by the Governor or Justices of the 
 Supreme Court. (5) The State Engineer and Surveyor 
 has charge of the survey of public lands, the laying out 
 
THE EXECUTIVE. 35 
 
 and construction of State roads, and a certain control 
 over the building and repair of canals. 
 
 Appointed Officers — Besides the officers elected directly 
 by the people there is a large number of officers of 
 whom some are (a) appointed directly by the Governor 
 with the consent of the Senate, (&) others by the Gov- 
 ernor in conjunction with some other officers, and (c) 
 still others by the Legislature. We cannot give all of 
 these officers here, but will mention the most important : 
 (i) The Superintendent of Public Works, (2) the 
 Superintendent of Insurance, (3) the Superintendent of 
 Banks, (4) the Superintendent of Prisons, (5) the Com- 
 missioner of Health, (6) the Commissioner of Agri- 
 culture, and (7) the Commissioner of Labor are ap- 
 pointed by the Governor with the consent of the Senate 
 for terms of varying length. The duties of most of 
 them are obvious from their titles. The first and third 
 call for a little explanation. The main duties of the 
 Superintendent of Public Works have to do with the 
 construction, repair, and navigation of canals, and those 
 of the Superintendent of Banks have to do with the 
 supervision of all banks, trust, loan, and guaranty com- 
 panies which are organized under the laws of this State. 
 
 The Superintendent of Weights and Measures and the 
 Superintendent of Public Buildings are appointed by the 
 Governor in Conjunction with some other officers, and the 
 Regents are appointed by the Legislature. 
 
 Appointed Boards. — Much of the work of the Executive 
 Department of the State government is done by boards 
 of several men appointed by the Governor with the con- 
 
36 THE GOVERNMENT OF NEW YORK. 
 
 sent of the Senate. Their duties are mainly those of 
 inspection. Such boards or commissions are the State 
 Board of Charities, the Lunacy Commission, the Prison 
 Commission, the Railroad Commission, the Tax Commis- 
 sion, Port Wardens, the Quarantine Commission, and the 
 Civil Service Commission. 
 
 Ex-Offlcio Boards — The boards known as " ex-officio " 
 boards are made up of officials who are members because 
 they hold certain offices. There are several such boards. 
 One, for example, is that of the Commissioners of the 
 Land Office, consisting of the Lieutenant Governor, the 
 Speaker of the Assembly, the Secretary of State, the 
 Comptroller, the Treasurer, the Attorney-General, and 
 the State Engineer and Surveyor. 
 
 Importance of the Governor of New York State. — New 
 
 York is one of the few States of the Union whose Gov- 
 ernor occupies a high position in the public eye. It is an 
 office much sought after, and is frequently a stepping- 
 stone to the higher position of President of the United 
 States. For this reason very prominent men have held 
 it and will continue to hold it. 
 
 Power of the Governor. — The people have shown a ten- 
 dency in recent years to increase the Governor's power. 
 They have realized that added responsibility does not 
 make a tyrant, but that additional powers frequently 
 sober a man and make him a better Governor than when 
 almost all power is taken away from him. Then, again, 
 greater responsibility also makes it possible for the people 
 to place the blame for bad as well as good measures. 
 
THE EXECUTIVE. 37 
 
 This cannot be shifted so easily as when the responsi- 
 bihty is divided among many. 
 
 One-Man Power — We often hear it said that if you 
 wish a thing done well you must give it entirely into the 
 hands of one man to do, and then see that he does it. 
 Certainly this seems true when we compare the efficient 
 work done by our Governor with -the poor work done by 
 many of our commissions and boards. The various mem- 
 bers of these shift the responsibility on to the others, and 
 as nobody is made responsible by law it is difficult to find 
 the man who is really at fault. There is not so much 
 danger in giving our Governor more power as there is 
 in giving our President more power. The Governor's 
 duties are largely routine. He has no foreign policy to 
 carry out, no regular army to command, no navy that 
 he could use against the people. It would seem that we 
 might still increase the powers of the Governor and not 
 sufifer from tyranny. 
 
 Control of the Governor by the Machine. — There is, how- 
 ever, one danger that always confronts us. The candi- 
 date for Governor is usually a party man, and owes his 
 nomination and election to a party. He cannot afford to 
 offend the leaders of it, for if he does, he will fail of 
 nomination and election when he runs. Once in office 
 he must keep on friendly terms with all elements of the 
 party if he expects to run for the office a second time. 
 Thus it frequently happens that the Governor does or is 
 forced to do things of which he does not approve — things 
 which he feels are not for the best interests of the State 
 at large. The party machine is strong and will defeat 
 
3S THE GOVERNMENT OF NEW YORK. 
 
 him if he does not do its bidding. The truly strong 
 Governor defies the machine and throws himself upon 
 the support of the people. If the latter are negligent 
 and do not mind their political duties, the Governor will 
 be defeated largel}- because he has been looking out for 
 their interests rather than for those of a few private indi- 
 viduals who have the' machine on their side. Here, as 
 in the case of the Legislature, it is our duty as voters to 
 support the man who is honestly striving to look out for 
 the interests of the people. When we hear of " grab " 
 bills being " jammed " through the Legislature and signed 
 by the Governor at the dictation of great party leaders 
 we may know that all is not well. The Governor is not 
 running the government on business principles for the 
 best interests of the governed, but for the benefit of a 
 few private individuals. Sometimes the Governor is 
 weak and is only there to serve the machine. At other 
 times, however, he is strong, but as the people do not 
 show him that they are behind him he weakly gives in 
 to the demands of selfish interests. For his weakness 
 as well as for the weak Governor the voters of the State 
 are responsible, and have only themselves to blame. 
 Eternal watchfulness on the part of the voters is the 
 price we must pay for a good Governor as well as a 
 good Legislature. 
 
 The Legislature and the Governor's Veto It is very 
 
 difficult for us to place the responsibility for a bad bill on 
 any member of the Legislature. The member who intro- 
 duced it lays the blame on the committee who takes charge 
 of it, either because the committee made so many changes 
 in it or did not remedy its faults. The committee refuses 
 
THE EXECUTIVE. 39 
 
 to take the blame because it did not introduce the bill. 
 The houses do not hold themselves at fault, saying that 
 they took the committee's word for the bill. The public 
 is puzzled and nobody in the Legislature suffers. The 
 people, however, have increasing confidence in the Gov- 
 ernor's veto to save them from the evils of bad legisla- 
 tion. They rely upon the Governor to reject any meas- 
 ures which are not for the public welfare. On him at 
 least responsibility may be placed. It seldom happens 
 that the Legislature is rash enough to pass a bill over his 
 veto. In fact, it often happens that certain members of 
 that body, in order to stand well with the machine, vote 
 for bills which they hope and sometimes know that the 
 Governor will veto. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Why is the restriction placed upon the power of the Legis- 
 
 lature in special session ? Is there such a restriction upon 
 Congress ? 
 
 2. What is a reprieve ? a commutation P a pardon ? Why should 
 
 the Governor report these matters to the Legislature ? 
 
 Why are exceptions made in cases of impeachment and 
 treason ? 
 
 3. What are the laws in this State relating to the labor of 
 
 children ? (See the Revised Statutes.) 
 
 4. What are quarantine regulations ? Find out some and cite 
 
 for example. Who enforces them ? 
 
 5. What are pure food laws? Name some. Who enforces them? 
 
CHAPTER VI. 
 
 THE JUDICIARY. 
 
 Judicial Officers. — The third or judicial department of 
 the State government consists of those officers, called 
 judges, whose duty it is (i) to interpret or declare the 
 exact meaning of the laws of the State, (2) to decide 
 whether they have been violated by any accused individ- 
 ual or body of individuals, and (3) to decree the pun- 
 ishment set by law for such violation. In early times 
 the judges were appointed by the Governor and held 
 office during good behavior, but by the Constitution of 
 1846 they were almost all made elective by the people, 
 and their terms of office were limited to a specified num- 
 ber of years. 
 
 Kinds of Courts — When performing their duties the 
 judges generally sit in courts. The court may consist of 
 one or of many judges. In the State there are many dif- 
 ferent courts. They may be divided into two groups ( i ) 
 Central and (2) Local. Under the head of Central are 
 placed those courts whose powers extend over the whole 
 State, and under the head of Local those courts whose 
 powers cover only a small portion of the territory of the 
 State. 
 
 Central Courts — The central courts consist of (i) the 
 
 40 
 
THE JUDICIARY. 41 
 
 Court of Impeachment, (2) the Court of Appeals, and 
 (3) the Supreme Court. 
 
 Court of Impeachment — The Court of Impeachment is 
 organized for the purpose of trying public officers who 
 are accused, or, technically speaking, impeached, by a 
 majority of the members elected to the Assembly. It 
 consists of the President of the Senate, the Senators, or 
 a majority of them, and the judges of the Court of 
 Appeals, or a majority of them. In case of the impeach- 
 ment of the Governor or Lieutenant Governor, the latter 
 cannot be a member of the court. The accused to be 
 found guilty must have a vote of two-thirds of the court 
 against him, and even then judgment may extend no 
 further than removal from office, and disqualification to 
 hold any office of honor or trust under the State. The 
 party impeached, however, is liable to indictment and 
 punishment according to law in other courts. 
 
 Court of Appeals — The Court of Appeals is the highest 
 court of appeal in the State to which cases from the lower 
 courts can be brought. If a case is to be taken higher 
 than this, that is, to the Federal courts, it must be shown 
 that the Federal Constitution, laws, or treaties are in- 
 volved. Otherwise the decision of the Court of Appeals 
 is final. It consists of one Chief Judge and six Associate 
 Judges elected by the voters of the whole State for terms 
 of fourteen years. Five members form a quorum, and 
 the concurrence of four is necessary to a decision. This 
 court does not try cases, as we ordinarily think of a trial, 
 but can only review the decisions of law handed up to 
 it from the Appellate Division of the Supreme Court. 
 
42 THE GOVERNMENT OF NEW YORK. 
 
 There is, however, one exception to this. In cases in- 
 volving the death penalty appeals may be made directly 
 to this court from the court in which the trial was held, 
 and then the Court of Appeals may review questions of 
 fact in addition to questions of law. 
 
 The Supreme Court — ^The Supreme Court is organized 
 for hearing important civil and criminal cases. Civil 
 cases for amounts above $2,000, criminal cases involving 
 the death penalty, and other criminal cases of a serious 
 nature go to the Supreme Court. A case may be brought 
 to it directly, or on an appeal from a lower court. It 
 consists of seventy-six justices elected by the people for 
 terms of fourteen years. For purposes of organization 
 and election the State is divided by the Legislature into 
 four Judicial departments and also into eight Supreme 
 Court districts. A certain number of justices are chosen 
 from each district, as twenty-two from the First District, 
 which is New York County, and smaller numbers from 
 the other districts, which each include several counties. 
 Though elected from various districts, however, these jus- 
 tices may exercise their functions in any part of the State. 
 
 ! 
 
 Appellate Division of the Supreme Court The cases 
 
 which come to the Supreme Court on appeal from lower 
 courts, or from another branch of the Supreme Court, go 
 to the Appellate Division of the Supreme Court, which 
 is organized for the sole purpose of taking care of appeals. 
 There is an Appellate Division for each of the four de- 
 partments mentioned above. From the whole number of 
 seventy-six justices the Governor selects a certain number 
 to act for terms of five years as Appellate Justices in each 
 
==^j.ONmsv;M |u3»i38SNaa' "'B^^ 
 
 ■ ^ — s. r * ' 
 
 ■a 
 
 = 1 
 
THE JUDICIARY. 43 
 
 department — seven in the First Department, sitting at 
 New York City, and five in each of the other three de- 
 partments, whii^h sit at Brooislyn, Albany, and Rochester 
 respectively. In each department four justices form a 
 quorum, and the concurrence of three is necessary for a 
 decision. 
 
 Trial and Special Terms of the Supreme Court The 
 
 other justices of the Supreme Court are engaged in 
 hearing cases which are brought to it directly, and not on 
 appeal from other courts. For this purpose " trial " and 
 " special " terms of the Supreme Court are held at stated 
 intervals in every county. In a " trial " term a Supreme 
 Court Justice presides and hears civil and criminal cases 
 involving questions of fact, and therefore requiring the 
 aid of a jury to pass upon them. A jury, however, may 
 be dispensed with in a civil case if both parties agree. 
 In a " special " term the justice decides cases or questions 
 of law which do not require the aid of a jury, as no 
 questions of fact are involved. 
 
 Local Courts. — Under this head are placed: (i) the 
 County Courts, (2) the Surrogates' Courts, (3) Jus- 
 tices' Courts, (4) Municipal Courts, and (5) Coroners' 
 Courts. 
 
 County Courts. — In every county there is a County 
 Court. This is presided over by a judge (in Kings 
 County there are two judges) chosen by the voters of the 
 county for a term of six years. Before this court come 
 all criminal cases arising in the county (except those in- 
 volving the death penalty), and all civil cases for amounts 
 of $2,000 and less. The County Court is also a court to 
 
44 THE GOVERNMENT OF NEW YORK. 
 
 which appeals are made from courts below it. In New 
 York County, on account of its enormous population and 
 the great mass of business to be attended to, the ordinary 
 County Court was not sufficient. Accordingly, two 
 courts were set up : ( i ) the Court of General Sessions to 
 hear criminal cases, and (2) the City Court to hear civil 
 cases. Both of these courts have special sets of justices. 
 The Court of General Sessions has a grand jury drawn 
 for it and can hear cases involving the death penalty. 
 
 Surrogates' Courts. — In most of the counties there is a 
 Surrogate's Court. This is presided over by a judge 
 known as a Surrogate, who is chosen for a term of six 
 (New York County fourteen) years by all the voters in 
 the county. Before this court come all matters relating 
 to the estates of deceased persons, such as the proving of 
 wills, the granting of letters of administration when no 
 will is left, and the appointing of guardians for minors. 
 When a county, on account of the smallness of its popula- 
 tion, has no Surrogate, such matters are attended to by 
 the County Judge. 
 
 Justices of the Peace. — In each town there are elected 
 four Justices of the Peace for terms of four years, two 
 being chosen every two years. Each of these holds a 
 separate court within the town. These justices hear 
 minor criminal cases, and civil cases involving $200 or 
 less. They have the power, however, to issue warrants 
 for the arrest of persons charged with any crime, and may, 
 after an examination of the facts, admit the accused to 
 bail, or hold them in confinement to await the action of 
 the grand jury. In the villages existing within a town 
 
THE JUDICIARY. 45 
 
 there is a court presided over by a Police Justice who has 
 charge of very small offenses. 
 
 Municipal Courts — We saw that counties with a large 
 population had to have a special system of county courts. 
 In the same way cities, or municipalities as they are some- 
 times called, need a special system of town courts. Thus 
 in large cities the duties of the Justices of the Peace are 
 usually divided between two courts: (i) one having 
 charge of civil and (2) the other having charge of crimi- 
 nal cases. In addition to these, there are numerous 
 Police Courts presided over by Magistrates correspond- 
 ing to the Police Justice of the village. All of these are 
 necessary to handle the large amount of judicial business 
 which arises in our cities. In New York City, for exam- 
 ple, there are two courts : ( i ) The Municipal Court con- 
 sisting of twenty-eight justices elected for terms of ten 
 years by the people of the twenty-eight Municipal Court 
 districts into which the city is divided. Each justice has 
 charge over civil cases arising within his district which 
 involve $500 or less. (2) The Court of Special Sessions 
 consists of thirteen justices appointed by the Mayor for 
 ten years, and has charge of misdemeanors. In addition 
 to these are many City Magistrates, some of whom are 
 elected, others of whom are appointed, who have charge 
 of less serious offenses. 
 
 Coroners' Courts. — In every county there are from one 
 to four Coroners elected by the people for three years, 
 whose duty it is to investigate all unnatural deaths, in 
 order to determine their causes. For this purpose the 
 coroner may call witnesses, and in the largest cities has 
 
46 THE GOVERNMENT OF NEW YORK. 
 
 to submit the matter to a jury. If, as a result of this 
 " inquest," some one is suspected of crime, such a person 
 may be arrested to await the action of the grand jury. 
 
 Court of Claims. — In addition to the regular system of 
 courts there is a special court, called the Court of Claims, 
 consisting of three judges appointed by the Governor 
 with the consent of the Senate for the term of six years, 
 for the purpose of hearing and determining claims of pri- 
 vate citizens against the State. The court sits at Albany, 
 and has four sessions in the year. It is necessary to have 
 this court because the State as a sovereign body cannot 
 be sued by private individuals. Under these circum- 
 stances some arrangement has to be made by which a pri- 
 vate citizen, if wronged by the State, can have his wrong 
 righted. 
 
 Removal of Judges. — Besides the ordinary method of 
 impeachment, judges may be removed by other means. 
 Judges of the Court of Appeals and of the Supreme Court 
 may be removed by a two-thirds vote of all members 
 elected to each house of the Legislature. All other judi- 
 cial officers except Justices of the Peace and justices of 
 inferior courts not of record ^ may, on the recommenda- 
 tion of the Governor, be removed by a two-thirds vote of 
 members elected to the Senate. All other minor judges 
 are removable by higher courts. 
 
 ' Courts not of record are those of the Justices of the Peace and other 
 inferior courts. Courts of record are the Court of Appeals, the Supreme 
 Court, the County Courts, and the Surrogates' Courts. The latter are so 
 called and distinguished from the former because they have clerks who 
 make detailed reports of the proceedings. 
 
THE JUDICIARY. 47 
 
 Character of Our Judges — During a period following 
 the Civil War our judiciary degenerated very much, and 
 for a long time was under the control of political ma- 
 chines. In recent years, however, it has reached a high 
 standard of excellence. 
 
 Length of the Terms of Office of Judges We shall 
 
 have noticed by this time that the terms of office for 
 judges are very much longer than those for ofificers in the 
 legislative and executive departments. For this there is 
 a very good reason. The office of a- judge should be 
 above party politics. Once in office the judge should be 
 free to devote his attention to giving just decisions. If 
 his term of office were short and elections came fre- 
 quently he would have to give a great deal of time and 
 thought to reelection. In order to gain reelection he 
 would be sorely tempted to render decisions in impor- 
 tant cases in favor of the person who might be in a posi- 
 tion to give him the most assistance in the election. If 
 justice is to exist, a judge must not have such tempta- 
 tions put before him. There are those who believe that 
 our judges should not be elected at all, but should be 
 appointed by the Governor, who is better capable of 
 selecting a good judge than the average voter. Once in 
 office they would stay in during good behavior. This, 
 you will remember, is the way the Federal judges obtain 
 and hold their offices. It certainly takes the judicial 
 department out of politics. 
 
 Reelection by Custom — Though we do elect our judges 
 in this State, and give them only definite terms of office, 
 there is growing up a very noble custom which practically 
 
48 THE GOVERNMENT OF NEW YORK. 
 
 gives a judge the same office during good behavior. That 
 is, if a judge fills his office impartially and well, it is be- 
 coming more and more the custom for both political par- 
 ties to nominate him on their tickets, and thus to reelect 
 him term after term. The lawyers of the State believe 
 most firmly in this custom, for they, above all others, 
 realize how necessary it is to have impartial and honest 
 judges to try their cases. 
 
 Salaries. — If we wish good judges we must give them 
 long terms of office (really terms of office during good 
 behavior) and good salaries. In our State some of the 
 judges are much better paid than Federal judges. This 
 does not mean that we should lower their salaries, for to 
 get good men we must pay them well, but rather that the 
 Federal government should raise the salaries of its 
 judges. The judges of our Court of Appeals receive 
 $13,700 a year, which is larger than the amount received 
 by the judges of the Supreme Court of the United States. 
 The judges of our State Supreme Court chosen from 
 districts in New York County receive $17,500 a year, 
 those chosen from districts in Kings County receive 
 $13,200, and those from other districts receive $7,200. 
 The highest paid Federal judge receives only $13,000. 
 
 The " Law's Delay." — The " law's delay " is an ex- 
 pression which we are coming to hear more and more. 
 It means that when a civil or criminal case gets into our 
 courts it takes a very long time to get a decision. Busi- 
 ness men sometimes prefer to suffer a loss at the hands 
 of others rather than go to court, because they feel that 
 it will take such a long time to have the matter settled. 
 
THE JUDICIARY. 49 
 
 Then the expenses to which they are put in fees for the 
 courts and the lawyers are sometimes as great if not 
 greater than the amount recovered. The blame for this 
 state of affairs rests partly on our judges, partly on our 
 lawyers, and partly on our legislators. The accusation 
 has been frequently made of late, and not without some 
 foundation of truth, that our judges take vacations of too 
 great length. They thus have too little time to devote to 
 trying cases, and these keep accumulating in such num- 
 bers that it is sometimes a year or two after a case is 
 brought before a court before it actually comes to trial. 
 Judges are also accused of encouraging delays in the 
 administration of justice, but this seems hardly possible. 
 It is on the lawyers that we must place the responsibility 
 for the many delays in having cases settled. Some of 
 these men seem to do everything in their power by means 
 of petty quibbles and makeshifts to prevent cases from 
 coming to a definite trial. This is especially true of the 
 lawyer whose client has a weak case. If the decision goes 
 against him he is permitted to appeal again and again to 
 higher and higher courts. Several years drag along, 
 and it is not surprising that the average citizen becomes 
 disgusted. It frequently seems to him as if the man who 
 had the money to keep a case in the courts a long time 
 wins out. Criminals are sometimes not punished until 
 years after the commission of the crime. This breeds a 
 sort of contempt among the people for the law and the 
 courts. This is the worst thing of all, for the law and 
 courts, above all, should always be respected and obeyed. 
 The Legislature is to blame, because it is within its power 
 to change the court procedure in such a way as to stop all 
 the petty legal quibbles and prevent the possibility of so 
 
50 THE GOVERNMENT OF NEW YORK. 
 
 many delays and appeals. This the Legislature has not 
 done, and it has not done it because the voters do not seem 
 to want it. So here in the judicial department we are 
 again down to the voter, as we found ourselves in the 
 legislative and executive departments. If there are de- 
 lays in the administration of justice it is the voter's fault. 
 It is for him to remedy the evil. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. In what Judicial Department do you live? In what Supreme 
 
 Court District ? 
 
 2. Who is the Judge of the Supreme Court chosen from your 
 
 district .' 
 
 3. Who is the Justice of the Peace before whom a small crimi- 
 
 nal offense committed in your neighborhood would be tried f 
 Police Justice ? Municipal Court Justice ? Justice of the 
 Court of Special Sessions? 
 
 4. Where is your County Court House ? What other courts are 
 
 held there beside the County Court ? 
 
 5. Give reasons for and against the election of judges. 
 
 6. Subject for debate : Should judges hold office during good 
 
 behavior or for a specified term of years ? 
 
 7. Find instances of the "law's delay." Do you know of any 
 
 States in which it is not a great evil ? Do you see any 
 connection between it and " lynchings " ? 
 
CHAPTER VII. 
 
 THE WORKING OF THE COURTS. 
 
 Rules of Procedure. — Just as there are certain rules and 
 regulations for conducting the business of law-making in 
 our Legislature, so there are certain rules for conducting 
 business in our courts — known as rules of procedure. In 
 the last chapter we saw how some delays in getting deci- 
 sions were to be attributed to faulty procedure, and now 
 we are to find out how couirt business is carried on. 
 
 Kinds of Cases. — Every case which comes before a 
 court is either a " civil " or a " criminal " case, and in 
 every case there is a " plaintiff " who begins the action, 
 and a defendant against whom the suit is brought. 
 
 Civil Case. — A case between two private individuals 
 for the purpose of having justice done is a civil case. 
 The plaintiff who feels that a wrong has been done him 
 by the defendant brings suit. If the plaintiff does not 
 bring the action no one else will, for it is not supposed to 
 be anybody else's concern. The most common forms of 
 civil cases are those in which the plaintiff brings suit 
 against the defendant to compel the payment of a debt or 
 the fulfillment of a contract. 
 
 Criminal Case. — In the early history of mankind all 
 
 SI 
 
52 THE GOVERNMENT OF NEW YORK. 
 
 cases were what we might call civil cases, that is, be- 
 tween one man and another, or between two different 
 families. If one man did bodily injury to another it was 
 settled between them or between their families. Nobody 
 else had anything to say. With the growth of civiliza- 
 tion, however, and an increase in the power of the king, 
 there were certain wrongs, such as murder, arson, bur- 
 glary, theft, and robbery, which came to be regarded as 
 affecting not only the individuals against whom they 
 were committed, but as affecting all the people in the 
 State. Such wrongs were called crimes, and the State 
 felt called upon to do everything in its power to punish 
 the criminal, whether the person against whom they were 
 committed took any action in the matter or not. At first 
 the number of wrongs which were considered crimes was 
 small, but it has increased very much, and the Legisla- 
 ture may at any time pass a law making certain acts 
 crimes. When a case involving a crime comes before a 
 court it is called a criminal case^ and the State is the 
 plaintiff. 
 
 The Complaint. — In every criminal case the first step 
 is the " complaint." This may be made by the person 
 injured, and must be made by any policeman, sheriff, jus- 
 tice of the peace, or district attorney who has knowledge 
 of the crime. In form it is an accusation made before 
 some judicial officer against some particular person, charg- 
 ing him with some specific wrongdoing. It must be 
 supported by the oath of a responsible person to the effect 
 that he regards the accused as guilty. Anybody making 
 the complaint for mischievous or malicious purposes, and 
 without sufficient grounds, is liable to punishment. 
 
THE WORKING OF THE COURTS. 53 
 
 Warrant of Arrest — On the basis of the complaint a 
 warrant of arrest is issued by the justice. This is then 
 handed over to an officer who tries to find the criminal. 
 The complaint and the warrant of arrest may be tempo- 
 rarily dispensed with, however, if the accused is caught 
 in the act, or if there is not sufficient time to get them. 
 As soon, however, as the criminal is brought before the 
 justice they must be duly made out. 
 
 The Examination — When the prisoner is brought be- 
 fore the justice it is first determined whether the latter 
 has jurisdiction or not. If he has, he may try the case 
 immediately. If not, he may examine the prisoner as to 
 his connection with the crime. In this examination the 
 prisoner is not bound to answer any questions which might 
 serve to incriminate him. If from the examination of 
 prisoner and witnesses there is sufficient evidence to point 
 to the accused as guilty, he is committed to jail for trial 
 by a higher court, or is held to await the action of the 
 grand jury; otherwise he is discharged. The prisoner 
 may, however, " waive examination," that is, ask to be 
 committed to jail to await examination at some future 
 time. 
 
 Bail. — When the offense is not murder or some in- 
 famous crime the magistrate before whom the examina- 
 tion is conducted may, instead of sending the prisoner to 
 jail, release him on " bail." This means that certain 
 people, usually the friends of the prisoner, sign a " bail 
 bond," agreeing to forfeit a certain amount of money if 
 the accused does not put in an appearance in court at the 
 time set for his trial. Even if he fails to do so and the 
 
54 
 
 THE GOVERNMENT OF NEW YORK. 
 
 bail money is forfeited to the State, the accused may 
 again be arrested and held for the same offense. 
 
 The Grand Jury. — When the crime committed is in- 
 famous, that is, one involving the death penalty, impris- 
 onment in the penitentiary, or the loss of civil or political 
 privileges, the prisoner cannot be brought to trial for it 
 except on presentment or indictment by the grand jury. 
 In other words, in such serious cases the ordinary com- 
 plaint is not sufficient ; the accusation must be made by 
 a body of men. In every county when a trial term of 
 the Supreme Court is to be held there is a body of twenty- 
 four men chosen by lot from among the taxpayers. (In 
 New York County there are thirty-six chosen. In the 
 same county and in Kings the members have to own a 
 small amount of property, but they do not have to be tax- 
 payers.) This body is known as the " grand jury." Its 
 duty is to inquire into the crimes which have been com- 
 mitted in the county. In order to assist it there is in 
 every county a District Attorney or public prosecutor. 
 This officer is chosen for a certain number of years by 
 the voters of the county; it is his duty to get evidence 
 in regard to crimes and to present it to the grand jury 
 for consideration. When considering the evidence in any 
 one particular case not more than twenty-three nor less 
 than sixteen grand jurymen are allowed to sit. The 
 meetings are secret, but the District Attorney may appear 
 before it, and also such witnesses as it may call. It takes 
 at least twelve affirmative votes to make an indictment 
 or presentment. On this matter the procedure is the 
 same as in the Federal Grand Jury. (See p. 162 of 
 " Our Government.") 
 
THE WORKING OF THE COURTS. 55 
 
 Arraignment and Plea — If indicted, the accused is 
 brought into court to stand trial. While on trial he 
 enjoys all the "rights of the accused." (See p. 163 of 
 " Our Government.") The indictment is read to him. 
 This is called the arraignment. He is then asked if he 
 is guilty. To this he makes a " plea " " Guilty " or " Not 
 guilty." If the first, the judge sentences the prisoner to 
 the punishment set by law for the crime, but if the ac- 
 cused replies "Not guilty," he is tried, by jury. In a 
 case of murder the jury trial cannot be dispensed with 
 even though the accused plead " Guilty." So in such 
 cases the plea is always, to all intents and purposes, " Not 
 guilty." 
 
 Selection of a Jury. — In every county when a trial 
 term of the Supreme Court is to be held there is a list 
 of thirty-six men whose names are chosen by lot from 
 among the taxpayers (in New York and Kings the same 
 exception holds as in the case of the grand jury) of the 
 county who are between the ages of twenty-one and 
 seventy. (Many classes of persons, however, such as 
 public officials, ministers, school teachers, etc., are ex- 
 cused from jury duty.) The persons thus selected or 
 impaneled are known as the " petit jury " for that term 
 of the court. They constitute the " panel " from which 
 the " trial jury " is drawn. 
 
 Trial Jury — When a case is about to be tried twelve 
 names are drawn from a box in which the names of the 
 thirty-six petit jurymen have been placed on different 
 slips of paper. The accused or the prosecutor may object 
 to certain of the men chosen, on the grounds that they 
 
56 THE GOVERNMENT OF NEW YORK. 
 
 are prejudiced one way or the other. A chosen juror 
 may himself object to serving on the trial because of cer- 
 tain beliefs which he has. If the judge thinks the reasons 
 good and sufficient he excuses the juror from serving. 
 Sometimes the panel is exhausted before twelve names 
 are accepted, and more petit jurors have to be impaneled. 
 At times prejudice is so great that an impartial jury can- 
 not be had in the county, and then a jury is drawn from 
 another county or the trial itself removed there. When 
 twelve jurors have been accepted the trial jury is com- 
 plete and ready for the proceedings. 
 
 Parties and Steps in a Trial. — The accused is always 
 considered innocent, and is given every opportunity, even 
 to having a lawyer or counsel employed by the county 
 for his defense. The burden of proving the accused 
 guilty rests on the District Attorney. He conducts the 
 side known as the " prosecution," while the side of the 
 accused is known as the " defense." Both sides may 
 have witnesses " subpoenaed " by the court, that is, orders 
 sent to certain individuals to appear and testify. The 
 prosecution, represented by the District Attorney, opens 
 proceedings by declaring the reasons for believing the 
 accused guilty. The witnesses for the prosecution are 
 then called to the stand. Each is subjected to " direct 
 examination " in order to bring out the facts showing 
 the guilt of the prisoner, and each in turn is then sub- 
 jected to " cross-examination " by the attorney for the de- 
 fense, for the purpose of showing inconsistencies or flaws 
 in their statements. The witnesses for the defense are 
 then called, their testimony is taken by direct examina- 
 tion by the attorney for the defendant, and they are then 
 
THE WORKING OF THE COURTS. 57 
 
 cross-examined by the prosecution. During the course 
 of the trial all " questions of fact " in regard to the crime 
 are left to the decision of the jury. Points involving the 
 interpretation of the laws, the admission of certain kinds 
 of testimony, or the excusing of jurors are left to the 
 judge. If the decisions of the latter are displeasing to 
 the attorney for one side or the other in the trial he may 
 file " exceptions " to them. At the close of the trial the 
 attorney for the defeated side may gather these excep- 
 tions into a "bill of exceptions." He may then take 
 this bill before a higher court and argue that a new trial 
 should be ordered because of the wrong decisions of the 
 judge. 
 
 When the testimony is all in, the attorney for the de- 
 fense delivers his " summing up " of all the evidence 
 which goes to show that the accused is not guilty, and the 
 District Attorney follows him with a summing up of all 
 the facts pointing to the guilt of the defendant. The 
 judge then delivers the " charge " to the jury, showing 
 them clearly how the law applies to the case in hand, but 
 being careful not to influence the j-ury in any way as to 
 how they shall find in regard to the facts. 
 
 The jury then retires to a private room, where it re- 
 mains until it decides unanimously to bring in a " ver- 
 dict " of guilty or not guilty, or announces that it fails 
 to agree. In the last case a new trial is ordered before a 
 new jury. If the prisoner is declared not guilty, he is 
 discharged ; if he is declared guilty, the judge pronounces 
 " sentence," that is, declares the penalty which the crim- 
 inal will have to suffer for his crime. This may be pro- 
 nounced immediately, but it is usually not done until 
 after the lapse of a few days. After this it is the duty of 
 
58 THE GOVERNMENT OF NEW YORK. 
 
 the sheriff of the county to see that the sentence is car- 
 ried out. 
 
 Procedure in Civil Cases. — So far we have dealt with 
 criminal procedure. In a civil case it is somewhat dif- 
 ferent. Here the plaintiff gets the court, before which 
 the action is triable, to send a " summons " to the de- 
 fendant, citing him to appear within a certain time and at 
 a specified court to answer the " complaint " which the 
 plaintiff has made against him. If the defendant fails 
 to answer, judgment will be entered against him, and it 
 is the duty of the sheriff to see that the judgment is car- 
 ried out or executed. If the defendant files an answer 
 to the complaint, a trial is then begun to determine who 
 has right on his side. The steps in the trial are then 
 much the same as in a criminal case. The plaintiff takes 
 the place of the prosecution, and the defendant of the 
 defense. 
 
 Appeals. — Either party in a criminal or a civil case may 
 appeal to a higher court if he thinks that the verdict is 
 not in accord with the testimony, or if he feels that the 
 judge has made some wrong rulings on points of law. 
 The one who appeals is called the " appellant," and he 
 presents all the data and arguments before the higher 
 court for the purpose of getting the verdict reversed and 
 having the case sent back to the lower court for a rtew 
 trial ; or he may even contend that the lower court did not 
 have jurisdiction, that is, power to try the case, and ask 
 to have it tried before a higher court. The court appealed 
 to may dismiss the appeal, and in that case the verdict 
 of the lower court stands. Under certain conditions, how- 
 
THE WORKING OF THE COURTS. 
 
 59 
 
 ever, the appeal may be carried higher than the first court 
 appealed to, and may thus go on up to the Court of 
 Appeals, and finally to the Supreme Court of the United 
 States. 
 
 Complications in Procedure From this sketch of pro- 
 cedure in trials we can see how many delays can occur in 
 the trial of an ordinary case. When lawyers wish to pur- 
 sue a policy of obstruction and the judges are careless, 
 weeks may be consumed in trying to get a jury. After one 
 is found and the trial proceeds, it is frequently im- 
 possible to get the unanimous decision of twelve men. 
 If just one man out of the twelve fails to agree the whole 
 case must be tried over again, and so it may be tried again 
 and again until the parties are wearied and give up the 
 suit. Even after a verdict is obtained the defeated party 
 may appeal to a higher court on some technical exception 
 to a ruling of the lower court. The judge in the lower 
 court and the judge i' the higher court may both be excel- 
 lent judges, but there is always room for honest differ- 
 ences of opinion about the small technicalities of the law, 
 and so the higher judge may reverse the decision of the 
 lower judge and order a new trial. Even if he refuses to 
 do this, an appeal may be carried to still higher and higher 
 courts. It is not surprising, therefore, to find that a case 
 comes out of the courts some two or three years after it 
 is started. 
 
 Defects of the Jury System. — The question has some- 
 times been asked whether a system under which cases 
 would be heard and decided by a bench of several judges 
 would not be more satisfactory than our present jury 
 
6o THE GOVERNMENT OF NEW YORK. 
 
 system. It cannot be denied that the administration of 
 justice by means of a jury is often very faulty. One of 
 the reasons for this is found in the difficulty of securing 
 men who are thoroughly qualified to serve as jurors. Sev- 
 eral difficulties may be noticed : ( i ) In the first place, a 
 great number of intelligent men are exempt from jury 
 duty. (2) Then, too, the power of preparing the lists 
 from which petit jurors are drawn is often placed with 
 local officers who exercise it corruptly; men are chosen 
 for political reasons, or under the influence of powerful 
 attorneys or the parties to important suits. (3) Again, 
 the most intelligent men on the list of petit jurors may 
 be excluded from the trial jury of an important case on 
 the ground that they have formed their opinion of the 
 matter to be tried. (4) Attorneys are allowed to " chal- 
 lenge," either with or without the statement of a cause 
 or reason, the men whom they do not wish to see on the 
 jury for a certain case. This serves to protect their clients 
 against jurors who are prejudiced ; it is also a means of 
 so constituting juries that they may be easily influenced 
 by skillful attorneys. (5) Finally, justice is sometimes 
 defeated by the downright bribery of jurors — a crime of 
 the most serious nature. 
 
 In enumerating the reasons why jurors are sometimes 
 incompetent, it must be said that too often the most capa- 
 ble men shirk jury duty; they begrudge the sacrifice of 
 time that it involves, and they give both good and poor 
 reasons why they should be excused from jury service. 
 Thus are made possible many of the evils that we have 
 noticed in the selection of jurymen. 
 
 Advantages of the Jury System — In spite of the many 
 
THE WORKING OF THE COURTS. 6i 
 
 faults that appear in the workings of the jury system, its 
 place in our government is stable, for it is founded upon 
 important principles. Some arguments in its favor may 
 be mentioned: (i) This system insures publicity in the 
 proceedings of trials, and publicity is always a deadly 
 enemy of bad government. (2) Again, juries decide 
 the " facts " in suits at law, while the judge decides points 
 of law. In the performance of their duty, then, the jury 
 must exercise that " common sense " which is at the 
 foundation of all justice. The plain judgment of one's 
 equals, though it may err in some cases, is, " in the long 
 run," a safer guide than the judgment of any individual 
 or any class. This idea is fundamental in a democracy.^ 
 
 Necessity for Reform.— Our State has become more or 
 less noted for the tardiness of its justice. Other States 
 have no better judges and no better lawyers than ours, 
 but their justice seems to be surer and quicker. This is 
 due in a measure to better rules of procedure. In some 
 States they have abolished the requirement of a unani- 
 mous decision of a jury for a conviction; they have 
 stopped the dilly-dallying in the selection of jurors, and 
 they have made it impossible to take so many appeals. 
 Speedy justice has been given in both criminal and civil 
 cases, and the public has a great respect for the courts. 
 
 With us the feeling seems to be growing that crim- 
 inals too frequently escape the infliction of the penalty 
 of their crime for a long time or altogether, and that 
 dishonest men cannot be brought to justice because the 
 injured are unwilling to take up a civil case which can- 
 
 ' The paragraphs on the defects and advantages of the jury system are 
 quoted from the complete edition of " Our Government," pp. 234 and 235. 
 
62 THE GOVERNMENT OF NEW YORK. 
 
 not be settled for years. Our judicial procedure seems 
 to be arranged to shield the criminal and the wrong- 
 doer rather than to bring him to justice. The general 
 public is over-humane in its treatment of him, and does 
 not seem to realize that such an attitude is really to the 
 injury of all the people by causing an increase in crime. 
 As long, therefore, as the public and the voters do not 
 seem to care whether it takes three weeks or three years 
 to settle criminal and civil cases, just so long will our 
 judicial procedure be faulty. In the end everything rests 
 with the voters. If they sincerely wish an improvement 
 they will have it. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. The processes described in connection with trials can best 
 
 be understood by the use of legal blanks which may be 
 obtained from lawyers, local officers, or printing offices. 
 The class should have blank forms for "complaints," 
 "summons," "warrant for arrest," "subpoena." 
 
 2. What is the meaning of the words "petit" and "grand" 
 
 used in connection with juries r* 
 
 3. Do lawyers favor the abolition or modification of our jury 
 
 system ? 
 
 4. What is the attitude of citizens of your acquaintance toward 
 
 jury service ? 
 
 5. How do you account for the conflicting testimony given by 
 
 witnesses in trials? 
 
 6. Look up the origin of the petit and grand juries in some 
 
 English history. 
 
 7. In what way did the early English petit jury differ from that 
 
 of the present day? Do you see a reason for having a 
 unanimous decision of twelve men in the early days of the 
 petit jury which does not exist with our jury system as it 
 is to-day ? 
 
CHAPTER VIII. 
 
 LOCAL GOVERNMENT: COUNTY, TOWN AND VILLAGE, 
 
 Introductory. — So far we have concerned ourselves 
 mainly with the central government of the State, and 
 excepting the judicial department, said very little about 
 the local government. In the case of the judiciary we 
 found it necessary to study the local courts in connec- 
 tion with the central courts because they were so closely 
 bound together that one could not be made clear with- 
 out a study of the other. The same is not true of the 
 local legislative and executive bodies except' to a small 
 extent. So we have reserved the study of these for a 
 special chapter. 
 
 Divisions of the State New York State is divided 
 
 into sixty-one counties. Each one of these is divided into 
 districts known as " townships " or " towns." The word 
 town is sometimes used loosely to mean any considerable 
 group of dwelling houses, but the accurate meaning of 
 the word is that which we have given it above. In the 
 town there may be only scattered farmhouses, or there 
 may be one or several " villages," each with a circum- 
 scribed area over which the officers of the village exercise 
 a certain control. A whole town, or several towns, or 
 even a whole county may be covered by the dwellings of 
 a " city." When this is the case much of the local organ- 
 
 63 
 
64 THE GOVERNMENT OF NEW YORK. 
 
 ization of the county and town is superseded by a special 
 government provided for in a " city charter." In all of 
 these local units, county, town, village, city, there are the 
 three departments of government — the legislative, execu- 
 tive, and judicial — just as there are in the central gov- 
 ernment of the State.^ 
 
 The County. — The legislative department of the coun- 
 ty is known as the Board of Supervisors. It consists 
 of one supervisor for each town and each ward in a city 
 elected every two years by the voters of such districts. 
 The duties of the board are specified by the State Legis- 
 lature. The most important are to raise money, to pro- 
 vide for the building of roads, bridges, and county build- 
 ings, and to care for the public property of the county. 
 
 The executive department consists of the following offi- 
 cials elected for three years : ( i ) The Sheriff, whose duty 
 it is to preserve order, execute judicial orders, and be 
 responsible for criminals confined in the county jail. (2) 
 The County Clerk, whose duty it is to keep the public 
 records, record all deeds and mortgages, and act as clerk 
 of the Supreme and County courts. (3) The County 
 Treasurer, whose duty it is to take charge of' county 
 moneys, and to keep an account of receipts and expendi- 
 tures. (4) The District Attorney to prosecute criminals, 
 give legal advice to other county officers and the grand 
 jury, and to act as attorney for the county in suits brought 
 by or against it. (5) The Superintendents of the Poor. 
 There may be from one to three of these chosen by the 
 Board of Supervisors. Their duties are to have charge 
 
 ' An examination of Richmond County in the map of New York City 
 will show the old town boundaries within it like those of Middletown, etc. 
 
LOCAL GOVERNMENT: COUNTY, ETC. 65 
 
 of the poorhouse and the poor. (6) The School Com- 
 missioners. Every county has one or more of these 
 officials, according as the county comprises one or several 
 school districts. Each is elected by the voters of his dis- 
 trict and has charge of the schools in it. 
 
 The county judiciary, consisting of the County Judge, 
 the Surrogate, and the Coroner, has already been dealt 
 with in the chapter on the judiciary, and does not need 
 repetition here. 
 
 The Town. — The town legislative department known as 
 the Town Meeting consists of all the voters in the town. 
 This meets regularly every two years unless called 
 together more frequently at the request of twenty-five 
 voters or of the town officers. Its duties are to elect 
 town officers, to stop public nuisances, to care for the 
 property of the town, and to raise and appropriate money 
 for its needs. 
 
 The town executive officers elected by the Town Meet- 
 ing for two years are : ( i ) The Supervisor, who manages 
 the finances and represents the town in the county legisla- 
 tive department; (2) the Town Clerk, who keeps the 
 town records; (3) the Collector, who collects taxes; (4) 
 three Assessors, who place a value on property for pur- 
 poses of taxation; (5) from one to three Commissioners 
 of Highways, who have charge of roads and bridges ; (6) 
 one or two Overseers of the Poor, who have charge of 
 the poor; (7) not more than five Constables, who pre- 
 serve order and execute the orders of the Justices of the 
 Peace; (8) four Inspectors of Election, who preside at 
 town elections and receive and count the ballots. The 
 Supervisor, Town Clerk, the Justices of the Peace, or any 
 
66 THE GOVERNMENT OF NEW YORK. 
 
 two of the justices form the " Town Board," whose duty 
 it is to audit the accounts of town officers and claims 
 against the town. 
 
 The town judiciary consists of four Justices of the 
 Peace, about whom we have spoken in the chapter on the 
 judiciary of the State. 
 
 The Village. — In parts of a town or sometimes covering 
 a whole town there are thickly populated districts which 
 have special needs beyond those taken care of by the town 
 government. These call for a considerable outlay of 
 money. Those who live in the town, but not in the vil- 
 lage, are naturally unwilling to vote for expenditures 
 from which they derive no benefit. Those living in the 
 village, on the other hand, desire larger powers of taxa- 
 tion and certain powers of incurring debt which the town 
 does not have. To take care of these special needs a vil- 
 lage government is incorporated under a general law of 
 the State Legislature. Though the village has a govern- 
 ment of its own with separate officers, it is still a part of 
 the town. Those who live in the village may vote in the 
 Town Meeting, help elect the town officers, and share all 
 the burdens and benefits of town government. The vil- 
 lager, however, has his village duties as well as those of 
 the town. 
 
 Classes of Villages. — The villages in New York State 
 are divided into four classes : ( i ) Those having a popu- 
 lation of 5,000 or more; (2) those having a population 
 of from 3,000 to 5,000; (3) those from 1,000 to 3,000; 
 (4) those under 1,000. For each one of these classes the 
 State Legislature has passed laws relating to the details 
 of government. 
 
LOCAL GOVERNMENT: COUNTY, ETC. 67 
 
 Incorporation of a Village.— When a community has 
 reached the population required it may ask to be incor- 
 porated as a village. This may be done by twenty-five 
 freeholders in a territory not exceeding one square mile, 
 or an entire town containing a population not less than 
 two hundred, making application to the supervisor of the 
 town. The supervisor may then call for a vote of the 
 taxpayers living within the area specified, and if a ma- 
 jority desire incorporation, a certificate to that effect is 
 filed with the County Clerk and the Secretary of State, 
 and a village government is set up. 
 
 Village Government. — The legislative department of the 
 village is known as the Board of Trustees. This con- 
 sists of the Village President and from two to eight other 
 members, all of whom must be taxpayers, elected by the 
 qualified voters for a term of two years. The duty of this 
 board is to make by-laws for the government of the vil- 
 lage, to raise and appropriate money, to maintain water- 
 works, sewers, sidewalks, streets, police and fire depart- 
 ments, to regulate markets and street lighting, and to 
 audit all accounts and claims against the village. 
 
 The executive department consists of officers who are 
 usually elected by the qualified voters for one year : ( i ) 
 The Village President, who sees that the by-laws are en- 
 forced and has general charge of village affairs; (2) the 
 Treasurer, who receives and pays out the village money ; 
 (3) the Clerk, who keeps the village records and the pro- 
 ceedings of the Board of Trustees; (4) three Assessors, 
 who place a value on property for purposes of taxation; 
 (5) the Collector, who collects taxes; (6) a Street Com- 
 missioner; (7) a Fire Commissioner; (8) a Water Com- 
 
68 THE GOVERNMENT OF NEW YORK. 
 
 missioner; (9) a Light Commissioner, whose duties are 
 obvious from their titles. 
 
 A village need not necessarily have all of these officers, 
 or it may have others such as Sewer Commissioners and 
 Cemetery Commissioners; but every village must have a 
 Board of Health consisting of from three to seven mem- 
 bers appointed by the Board of Trustees. 
 
 The judicial department of the village consists of a 
 Police Justice elected for four years. He tries minor 
 criminal offenses and violations of the village by-laws. 
 
 Character of Local Government. — In the government of 
 our counties, towns, and villages we have been very suc- 
 cessful. They are forms of government with which our 
 English ancestors had been familiar for centuries. The 
 population in these local districts is not too large to be 
 unwieldy. In the government there is no fine system 
 of checks and balances. All the departments of govern- 
 ment work harmoniously and smoothly. Then, again, the 
 governments of these local units are conducted on a 
 strictly business basis. Most of the people concerned are 
 property holders, and are therefore interested in having 
 the governments run on an economical basis. Everyone 
 takes a direct interest in the government. If there is any 
 corruption, and taxes increase, the property owner feels it 
 immediately and wishes to know the reason why. In the 
 villages the voter who does not pay direct taxes cannot 
 vote on a question involving the expenditure of money. 
 Thus what is to be spent is directly in the hands of those 
 who are most interested in seeing corruption kept out and 
 expenses kept down. Having a feeling of ownership in 
 the district, they have a pride in seeing it well managed. 
 
LOCAL GOVERNMENT: COUNTY, ETC. 69 
 
 Good and efficient officers are elected year after year re- 
 gardless of party politics. They are regarded like the 
 officers of a large business company, and are kept in office 
 as long as their services are good. 
 
 Faults of Local Government. — Unfortunately the above 
 remarks are not true of all counties, towns, and villages. 
 In some of them during recent years there has been grow- 
 ing up a considerable population of non-property hold- 
 ers. Except in the villages these have the same rights 
 as owners of property, and even in the villages they have 
 the right to vote for village officers. Having no direct 
 interest by a feeling of part ownership they vote for bad 
 officers and for the expenditure and borrowing of large 
 sums of money. There is now, however, a provision in 
 the State Constitution restricting the expenditures of 
 counties, towns, and villages, and the amount of money 
 they can borrow. This is a good provision, but it does not 
 do away with the evil which threatens to undermine the 
 good qualities of our local governments. This evil lies 
 in giving to everybody, whether he has any property in- 
 terests or not, the privilege of voting on matters in which 
 he has no real ownership. This makes him careless of 
 the way he votes, for he does not care so long as he thinks 
 that he does not have to bear the burden of heavy taxa- 
 tion. The property owners, feeling that they will be out- 
 voted, do not attend the town meetings, but stay at home 
 and object to the heavy taxes that they have to pay. 
 They scarcely deserve sympathy for taking such an atti- 
 tude. 
 
 Remedies for the Faults. — To keep our local govern- 
 ment up to its old standard of excellence one of two steps 
 
7° 
 
 THE GOVERNMENT OF NEW YORK. 
 
 seems necessary. Either the voting power must be given, 
 only to those who have property and pay direct taxes, 
 or, if all are to be allowed to vote, then they must be 
 made to realize by education that increased taxation bears 
 just as heavily on those who do not pay direct taxes as 
 on those who do. This will be clear, if you will remem- 
 ber that all of us have to live in some dwelling. If we 
 do not own it we have to pay rent. If direct taxes are 
 increased the landlord is not going to bear all the burden, 
 but makes us bear our share of it by increasing the rent. 
 In the same way we bear our portion in the increased 
 prices of the things we buy. If every vot.er realized this 
 thoroughly he would not be so ready to vote for heavy 
 expenditures. The difficulty of making him realize it 
 is so great that some think it would be best to put the 
 power of voting, in local governments at least, solely in 
 the hands of those who pay direct taxes. The better way, 
 of course, would be to have every voter well enough edu- 
 cated to vote intelligently and to realize that he as well 
 as the direct taxpayer is interested in seeing the govern- 
 ment run well and economically. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. See the questions on pages 6, 12, and 18 of " Our Government." 
 
 2. Find out the names of the men who are holding the offices in 
 
 your county, town, and village governments. 
 
 3. When the privilege of voting has once been given is it an 
 
 easy matter to take it away ? Who has the power to 
 change the qualifications for the privilege of voting in our 
 local governments? 
 
CHAPTER IX. 
 
 LOCAL GOVERNMENT: CITIES. 
 
 Definition and Origin of Cities The city is in reality 
 
 a large village. It may cover one town or several towns, 
 one county or several counties. Cities existed in New 
 York before there were incorporated villages. In Eng- 
 land cities, under the name of boroughs, grew out of 
 villages. Just as a village on account of its population 
 needed a different form of government from that of the 
 town, so a city on account of its larger population needed 
 a different form of government from that of a village. 
 When a village is incorporated the town government re- 
 mains, but when a city is incorporated the town govern- 
 ment ceases to exist. 
 
 Number of Cities — Population centers in certain dis- 
 tricts largely because of manufacturing and commercial 
 advantages which they have. Though there were four 
 cities in New York before 1800, it was during the nine- 
 teenth century, when manufactures and commerce grew 
 with such great rapidity, that the number of cities was 
 increased to forty. 
 
 Classification of Cities. — In this State the cities are 
 divided into three classes : ( i ) Those which have a popu- 
 lation of 250,000 or more — New York City and Buffalo; 
 (2) those which have from 50,000 to 250,000 — Roches- 
 
 71 
 
72 THE GOVERNMENT OF NEW YORK. 
 
 ter, Albany, Syracuse, and Troy; (3) those which have 
 less than 50,000. 
 
 General and Special Laws. — The classification of cities 
 was largely made for the convenience of the Legislature 
 in making laws affecting cities, and in granting charters 
 incorporating them. Many evils had arisen from the 
 Legislature's enacting special laws affecting only cer- 
 tain cities, and there was placed in the present State 
 Constitution a clause restricting the Legislature in this 
 matter. The Legislature may pass general laws affecting 
 the cities of one or more classes, but if it enacts a special 
 law affecting a special city or cities, such law is subject 
 to veto by the mayor of cities of the first class, and by 
 the mayor and legislative body of cities of all other classes. 
 The Legislature may, however, repass the law over the 
 veto, and it then goes to the Governor. 
 
 Charters. — Every city when it is incorporated receives 
 a charter or body of rules from the Legislature. In the 
 case of cities of the second class the Legislature has 
 attempted to make a uniform charter, but in the case of 
 all other cities it has granted a special charter of incor- 
 poration to each. Thus there are but a few cities in the 
 State that have exactly the same government. They all 
 differ in details, but are all alike in having the three 
 departments of government — legislative, executive, and 
 judicial — described in the chapter on cities in the first 
 part of this volume. 
 
 Mistakes of City Charters — In drawing up the city 
 charters our legislators early made the mistake of look- 
 
LOCAL GOVERNMENT: CITIES. 73 
 
 ing upon the city government as they did on the Na- 
 tional and State governments. They thought that all 
 the checks and balances to be found in those should be 
 put in city government. No one officer should be given 
 much power, but it should be divided among several. 
 They did not seem to realize that such division of power 
 was not so necessary in a city government as it was in the 
 National government. Their model, instead of being the 
 National government, should have been a large business 
 company or corporation. Their objects should have been 
 not to have checks and balances, but to have the city 
 government working as smoothly as possible. Greater 
 power and responsibility should have been given to each 
 officer, so that if anything went wrong the voters would 
 have been able to pick out immediately the official whose 
 fault it was. But where nothing could be done unless 
 several different officials or departments gave their con- 
 sent to it, if anything went wrong each would put the 
 blame on the others, and the voter would not be able to 
 find out just which one was responsible. Instead of serv- 
 ing as a check on each other they all served as shields to 
 corrupt action. Under the circumstances a great deal of 
 crookedness went on, and the voter could not discover 
 where it was. 
 
 Old and New Charters Such was the state of affairs 
 
 when the celebrated Tweed Ring ruled New York City 
 from 1869 to 1871. After its overthrow the best citizens 
 saw that great changes would have to be made in the gov- 
 ernment of the cities if corruption was to be kept out. 
 From that time to the present day, therefore, they have 
 been working for changes along certain lines. These 
 
74 THE GOVERNMENT OF NEW YORK. 
 
 have been : ( i ) to give a great deal of power, and 
 therefore responsibihty, to the Mayor, by putting into his 
 hands the appointment of almost all the heads of the 
 important administrative departments, and making him 
 responsible for them; (2) to increase the length of the 
 term of office of the Mayor so that he may have ample 
 time to work out the problems of city government; (3) 
 to put all minor city employees on a reformed civil-serv- 
 ice basis, and thus remove from them the temptations of 
 corrupt party politics; (4) to abolish the system of two 
 houses in the city legislature and to have only one house ; 
 (5) to take away many of the powers of the one legis- 
 lative house left, and to put such into the hands of a few 
 officials; (6) to give to the cities far larger powers over 
 their own local affairs and subject them less to the con- 
 trol and interference of the State Legislature. How 
 much has been accomplished along these lines is to be 
 seen best from a comparison of the government of Buf- 
 falo, which in a measure represents the old form, with 
 that of New York City, which represents the new. 
 
 New York City. — The last charter of this city, passed 
 in 1 90 1, and with the amendments made to it in that 
 and subsequent years, forms a good-sized book. It 
 contains 209 large pages. Like all charters, it opens 
 with a definition of the boundaries. New York City 
 covers the counties of New York, Richmond, Kings, and 
 Queens, a total area of nearly 327 square miles, and has 
 a population of over 4,000,000. For the purposes 
 of administration, election of officers, etc., the territory 
 is divided into 5 boroughs, 66 wards, and 73 aldermanic 
 districts. 
 
LOCAL GOVERNMENT: CITIES. 75 
 
 Legislative Branch — The legislative branch of the city 
 government consists of one house, called the Board of 
 Aldermen, the second house known as the Council hav- 
 ing been abolished. In this body there are seventy-three 
 aldermen — one elected from each aldermanic district, the 
 President of the Board — elected by the city at large, and 
 five Borough Presidents — one elected from each borough, 
 making a total of seventy-nine members. The aldermen 
 hold office for two years. They elect the City Clerk, 
 who holds office for six years and keeps the record of 
 proceedings. The powers of this board are such as ordi- 
 narily belong to the Board of Trustees of a village. They 
 include the making of municipal ordinances concerning 
 the conduct of the citizens, the appropriation and bor- 
 rowing of money, and the fixing of certain salaries. The 
 Mayor may veto any measure passed by the board, and it 
 can be passed over his veto only by a two-thirds vote for 
 ordinary bills, and a three-fourths vote, if the measure is 
 one involving taxes and expenditures. The character of 
 the men chosen to the Board of Aldermen has not always 
 and uniformly been of the best, and the Legislature of the 
 State has shown a tendency to reduce its powers more 
 and more. In matters of finance it can practically do 
 nothing in the way of increasing expenses without the 
 consent of the Board of Estimate and Apportionment, but 
 the latter can in many cases appropriate money without 
 the consent of the Board of Aldermen. One of the re- 
 cent acts of the State Legislature has been to take away 
 from the Board of Aldermen the power over franchises, 
 and to place this in the hands of the Board of Estimate 
 and Apportionment. Many citizens are now urging the 
 abolition of the Board of Aldermen altogether, as a body 
 
76 THE GOVERNMENT OF NEW YORK. 
 
 which has outHved its usefulness. They hope to have 
 its powers given to a smaller and more responsible board 
 elected at large and not by districts. 
 
 The Executive Branch. — At the head of the executive 
 branch of the city government stands the Mayor. The 
 Mayor holds office for four years. To assist him and 
 be directly responsible to him in carrying out the du- 
 ties which he has to perform the Mayor appoints : 
 (i) The Corporation Counsel, who gives legal advice 
 to the city officials and attends to suits brought by 
 and against the city; (2) the Commissioner of Police; 
 (3) the Commissioner of Water Supply, Gas, and Elec- 
 tricity; (4) the Commissioner of Street Cleaning; (5) 
 the Commissioner of Bridges; (6) three Commissioners 
 of Parks; (7) Commissioner of Public Charities; (8) 
 Commissioner of Correction; (9) Fire Commissioner; 
 (10) Commissioner of Docks and Ferries; (11) five 
 Commissioners of Taxes and Assessments; (12) forty- 
 six members of the Board of Education, appointed for 
 five years, which in turn appoints the City Superintendent 
 of Schools and other Associate Superintendents. These 
 form the Board of Superintendents, and in its hands 
 is placed the actual running of the schools of the city, 
 though the Board of Education has it within its power to 
 overrule it. The Board of Education also appoints a 
 Superintendent of School Buildings, a Superintendent of 
 Supplies, and a Supervisor of Lectures; (13) Commis- 
 sioner of Health; (14) Tenement House Commissioner; 
 (15) Commissioners of Accounts; (16) Municipal Civil 
 Service Commissioners. With the exception of the mem- 
 bers of the Board of Education, all of these officers are 
 
LOCAL GOVERNMENT: CITIES. 77 
 
 absolutely responsible to the Mayor and are removable 
 by him. 
 
 Finance Department of the Executive The finance de- 
 partment of the city executive is not controlled by the 
 Mayor. It consists of the following officers : ( i ) The 
 Comptroller, elected for four years by the whole city and 
 having supervision over all matters pertaining to receipts 
 and payments of money, and debts contracted by the city ; 
 (2) the Chamberlain, appointed by the Mayor and having 
 custody of the city funds — his duties are the usual duties 
 of a Treasurer; (3) four Commissioners of the Sinking 
 Fund, who are the Mayor, the Chamberlain, the Presi- 
 dent of the Board of Aldermen, and the Chairman of the 
 Finance Committee of the Board of Aldermen. The prin- 
 cipal duty of this commission is to see that proper provi- 
 sion is made for the payment of the city debt; (4) the 
 Board of Estimate and Apportionment, consisting of the 
 Mayor, the Comptroller, the President of the Board of 
 Aldermen, and the five Borough Presidents. In the hands 
 of this small board practically rests the control of all ex- 
 penditures of the city funds. It estimates the expenses 
 for the coming year and apportions the funds among the 
 various departments, which all submit estimates for this 
 purpose. The Board of Aldermen may decrease, but it 
 may not increase the estimates thus made and submitted 
 by the Board of Estimate and Apportionment. The 
 amount of debts which the city may contract is limited by 
 the Constitution. 
 
 Judicial Branch. — Besides a special arrangement of 
 the County Court, which- exists for New York County, 
 and the regular county system of courts for the other 
 
78 THE GOVERNMENT OF NEW YORK. 
 
 counties in New York City, there are the Municipal 
 Court, the Court of Special Sessions, and the City Magis- 
 trates. These have been described in the chapter on the 
 judiciary of the State, but there is to be noted about them 
 the power of appointment which the Mayor has in the 
 case of the Justices of the Court of Special Sessions and 
 in that of some of the City Magistrates. 
 
 Boroughs. — New York City is so large that it is divided 
 into five boroughs — Manhattan, the Bronx, Brooklyn, 
 Queens, and Richmond — for the purposes of more efifect- 
 ive administration in those localities. The voters of each 
 of these choose every four years a Borough President. 
 His most important duties are those relating to local im- 
 provements in his borough. These include the grading, 
 curbing and guttering of streets, the construction, repairs 
 and cleaning of the sewers and of certain public buildings, 
 the erection and care of public baths, and the placing of 
 street signs. He appoints ( i ) the Commissioner of Pub- 
 lic Works and (2) the Superintendent of Buildings within 
 his borough. He is the head of the Local Improvement 
 Boards, which consist of himself and the aldermen of the 
 aldermanic districts lying within each of the Local Im- 
 provement districts into which the borough is divided. 
 
 The City of Buffalo — Buffalo, in Erie County, has a 
 population of about 400,000 and an area of about forty- 
 two square miles. For purposes of administration and 
 election of ofificers it is divided into twenty-five wards. 
 
 The Legislative Branch — The legislative branch of the 
 Buffalo city government is of the old type and has two 
 houses; (i) A Board of Councilmen, nine members 
 
LOCAL GOVERNMENT: CITIES. 79 
 
 elected for four years, and (2) a Board of Aldermen, 
 twenty-five members elected, one from each ward for two 
 years. They elect a City Clerk. Their powers are much 
 the same in kind, but greater in scope than those now ex- 
 ercised by the Board of Aldermen of New York City. 
 As the assent of both houses is needed for any measure, 
 there is much wrangling between them and much delay. 
 
 The Executive Branch. — The Mayor is elected for four 
 years, but he has far less power than the Mayor of New 
 York City. Less than half of the heads of executive de- 
 partments are appointed by him, the others being elected 
 by the people. In the Department of Finance the Comp- 
 troller and the Treasurer, in the Department of Assess- 
 ment the three Assessors, in the Department of Law the 
 Corporation Counsel, in the Department of Public Works 
 the Commissioner, in the Department of Education 
 the City Superintendent, and in the Department of the 
 Poor the Overseer, are all elected, and the Mayor has 
 but little control over them. He appoints two Police 
 Commissioners, a Commissioner of Health, three Fire 
 Commissioners, five Park Commissioners, and five Ex- 
 aminers of the Board of Education. The Mayor may 
 for cause remove all city officials with but a few excep- 
 tions. It will be noticed how frequently there are several 
 commissioners instead of one in a department. That is 
 the way it used to be in New York City, but it was found 
 far better to have one commissioner, as he cannot dodge 
 responsibility. Also to be found absent from the Buffalo 
 executive branch is that body which has worked so well 
 in New York City — the Board of Estimate and Appor- 
 tionment. 
 
8o THE GOVERNMENT OF NEW YORK. 
 
 Judicial Branch. — In Buffalo the judicial branch of the 
 city government consists of three courts : ( i ) The Mu- 
 nicipal Court — two judges elected for six years, with 
 civil jurisdiction; (2) the Police Court — a Police Jus- 
 tice elected for four years, with criminal jurisdiction; (3) 
 the Justices' Courts — three justices elected for four years, 
 with special criminal jurisdiction in connection with the 
 police department. It is to be noted in contrast how 
 many judicial officials are appointed by the Mayor of 
 New York City. 
 
 Cities of the Second Class. — In providing for the gov- 
 ernment of cities of the second class — Rochester, Syra- 
 cuse, Albany, and Troy — the Legislature followed those 
 lines of development which we have already noted as 
 being followed in the case of New York City. In the 
 legislative branch there is only one house; in the execu- 
 tive branch the Mayor has very large powers of appoint- 
 ment, and there is a Board of Estimate and Apportion- 
 ment with almost the same powers as that in New York 
 City. Thus has the movement gone on for giving the 
 officials of our cities greater power and greater responsi- 
 bility. The tendency now is to organize cities like great 
 business corporations, and we may regard this as an 
 excellent sign. 
 
 Criticism of Our City Governments. — ^It is generally con- 
 ceded that in no form of government have the Ameri- 
 cans made a greater failure than in municipal government. 
 In New York State we have in the past failed as much 
 in this form of government as have the people in the 
 cities of other States of the Union. Corruption and in- 
 competence among city employees have been very great, 
 
LOCAL GOVERNMENT: CITIES. 8i 
 
 extravagant expenditures of money have gone on with- 
 out check, great debts have been incurred, and the State 
 Legislature by special bills has frequently interfered to 
 make matters worse. 
 
 Causes for the Evils — These evils have been due to 
 several causes : ( i ) Large numbers of foreigners have 
 flocked to our cities. Having the privilege of voting, 
 but not understanding our institutions, they have been 
 led blindly to follow and vote for corrupt men. This must 
 not be emphasized too much, however, because in some 
 of our cities where Americans prevail in numbers there 
 has been just as much corruption. (2) The lack of a 
 property qualification for voting may be given as a sec- 
 ond cause. Voters who have no property and do not have 
 to bear the burden of direct taxation are not so careful 
 about voting for extravagant expenditures as are those 
 who have to bear the burden. (3) The educated and 
 well-to-do citizen has been indifferent and has not even 
 gone to the polls to vote because of a feeling that what 
 little good he might do by it would be entirely nullified 
 by the great number of votes of the illiterate class and 
 those who have no interest in seeing expenses kept down 
 and the government well run. (4) The municipal elec- 
 tions have been held at the same time as National and 
 State elections, so that the real city issues have been for- 
 gotten and votes cast with only the National and State 
 issues in mind. (5) The city governments have been 
 run in the interests of the great State and National po- 
 litical parties. (6) The State Legislature has constantly 
 interfered in the purely local affairs of the cities and has 
 refused to give them any but a small measure of " home 
 
82 THE GOVERNMENT OF NEW YORK. 
 
 rule" in such matters. (7) The cities have grown so 
 rapidly in population and area that the expenses incurred 
 for the laying out and paving of new streets and other 
 necessary improvements have all come at once and caused 
 a much larger debt than would otherwise have arisen. 
 (8) The cities have attempted to enforce restrictions 
 against gambling and drinking which would be impos- 
 sible in even the most successfully governed European 
 cities. (9) Lack of foresight in making provision for 
 public parks when land was cheap has caused heavy 
 expenditures for them when it had grown expensive. 
 (10) The worst evil of all, however, is a moral one. 
 Ordinary business men who are honest in their private 
 affairs have seemed to regard the city treasury and city 
 franchises as proper objects for plunder. They have fur- 
 thermore disregarded city ordinances and bribed officials 
 to allow them to do so. On their shoulders rests the 
 blame for much of the corruption which has shown itself 
 in our city governments. 
 
 Remedies Applied — (i) The Municipal Civil Service 
 has been very extensively reformed. Minor positions 
 are now given according to the grading received in exami- 
 nations. The holders of them remain in office year after 
 year, no matter what party may win in the election. 
 Thus positions can no longer be awarded for party serv- 
 ices or for the payment of a bribe. (2) Clauses have 
 been placed in the State Constitution limiting the indebt- 
 edness of cities, and restrictions placed on the Legislature 
 in passing special acts in regard to cities. (3) The time 
 of holding municipal elections has been placed on a dif- 
 ferent date from those of the National and State elections, 
 
LOCAL GOVERNMENT: CITIES. 83 
 
 and in many cities a party has sprung up which interests 
 itself in city affairs alone. This has interested many 
 citizens in city affairs who previously did not care enough 
 about them to vote. 
 
 Existing Evils. — In recent years we have made great 
 improvements in the government of our cities in this 
 State. Though we have got rid of many evils, there are 
 others which we should do our best to have done away 
 with, (i) One of these is the tendency on the part of 
 our mayors to appoint party leaders as heads of depart- 
 ments. These men know nothing of the work of their 
 departments and are constantly making serious blunders. 
 To make matters worse the departments do not work to- 
 gether well. Authority over the same thing is frequently 
 divided among several, each one giving orders without 
 reference to what the others are doing. This explains, for 
 example, why it is that sometimes streets are no sooner 
 nicely paved by one department than they are torn up by 
 the orders of another to lay gas pipes, electric-light wires, 
 etc. (2) A second is the almost unlimited privilege of 
 voting. Some reformers think we should do well to put 
 in force the rule which we have in our villages, that is, 
 when questions of taxation and expenditure are involved, 
 only those who are direct taxpayers have the privilege of 
 voting. The institution of a Board of Finance for whom 
 only the direct taxpayers could vote would accomplish this 
 end. (3) A third evil is that we still try to do too much. 
 There are certain moral evils in our cities, such as drink- 
 ing, gambling, and the like, which we should be much 
 more successful in dealing with if we tried to regulate 
 them rather than to stamp them out. (4) Unrestricted 
 
84 THE GOVERNMENT OF NEW YORK. 
 
 immigration brings to the cities hordes of foreigners. The 
 city has to undertake the education of these and of their 
 children. This is a great burden on the finances. The 
 National government, which is largely responsible for this 
 condition of affairs, does not bear any of the cost. (5) 
 Hasty extravagance in finance is another evil. Works 
 are undertaken and completed which might well be left 
 to future generations. (6) In one way or another the 
 State Legislature still interferes too much with matters 
 which should be left to the people in the cities themselves 
 to decide. When the cities wish to do something which 
 merely concerns themselves they must first go to Albany 
 to get permission through legislation. (7) Valuable 
 franchises are granted to corporations, and the cities do 
 not receive sufficiently good prices for them. (8) Pri- 
 vate citizens and large corporations still violate municipal 
 ordinances, and when called to account buy up or try to 
 buy up the officials whose duty it is to enforce them. 
 
 Influence of the Newspapers — The subject of the cities 
 cannot be left without saying something about the influ- 
 ence for good which our newspapers have had. Corrup- 
 tion and inefficient government are killed by publicity. 
 This the ever-watchful press has given them. The good 
 citizen will always.be a reader of the newspapers. Ab- 
 sorbed in business, as the average man is, he has too little 
 time to uncover the schemes of crafty politicians. For 
 this he must rely upon the press, and the faithful reading 
 of it will make him an intelligent voter and citizen. 
 
 SUGGESTIVE QUESTIONS. 
 
 I. See the questions and references on pages 29, 30, and 31 of 
 "Our Government." Make replies to them for the city in 
 
LOCAL GOVERNMENT: CITIES. 85 
 
 which you live, or for the city nearest to the place where 
 you live. 
 2. Consult or obtain the following: (a) City Charter; (b) City 
 Ordinances; (c) Municipal Manual; (d) annual reports of 
 the various departments or boards ; (e) printed forms used 
 in the offices of the city clerk, treasurer, and assessors; 
 (f) copy of a declaration of taxable property ; {g) tally sheets 
 and records used at the polls ; (h) sample ballots ; (i) legal 
 notices from the daily newspapers. 
 
CHAPTER X. 
 
 NOMINATIONS AND ELECTIONS. 
 
 Introduction. — Down to this point in our narrative we 
 have been mainly concerned with an outhne of the cen- 
 tral and local governments in New York State, and their 
 working. The State has so many activities, and does so 
 much, that we might spend many more chapters in de- 
 scribing the management of the departments of agricul- 
 ture, of public lands, canals and navigation, and so on, 
 but for our purposes it will be sufficient if we devote this 
 and the following chapters to the treatment of a few 
 selected topics: (i) Nominations and Elections; (2) 
 Local Taxation ; (3) State Finance ; (4) Education; (5) 
 Amendments to the Constitution. 
 
 Importance of Elections. — If all government could be 
 carried on after the style of the Town Meeting we should 
 have very little to say of elections. In some cantons of 
 Switzerland the government is conducted in that way. 
 The citizens all assemble in one place, make known their 
 wishes, and then go to their homes. But such a simple 
 method can exist only where the area of the State and 
 its population are very small. When these have increased 
 very much in size there is no place large enough for the 
 meetings to be held where anyone can make himself 
 heard, and the distance to travel is so great that only the 
 
 86 
 
NOMINATIONS AND ELECTIONS. 87 
 
 few who live near the meeting-place can attend. .Under 
 such circumstances a method has to be devised by which 
 the ordinary citizen can make his wishes known, and yet 
 not have to attend the meeting himself. He and his 
 neighbors elect a representative to go to the meeting and 
 make known their wishes. That is why elections are 
 important, because through them the ordinary citizen is 
 enabled to take part in the government. 
 
 Who Take Part in Elections. — Not all the people who 
 live in the State or district take part in elections, for vot- 
 ing is a privilege and not a right. If those who enjoy 
 the privilege do not see fit to admit others to it there is 
 no legal or peaceable way by which they can be compelled 
 to do so. All people under age, foreigners not naturalized, 
 women, and many others are not allowed the privilege 
 of voting, though they may have the protection of the 
 laws and every other right and privilege that the voter 
 has. Even a man who has had the privilege of voting in 
 one district in the State may not have the same privilege 
 in another district unless he has all the " qualifications for 
 voters " mentioned in Chapter II. 
 
 Political Parties. — It has been usual from earliest times 
 for those who held the same ideas on certain questions of 
 government to group themselves together and try to 
 choose their man to run the government to suit them. 
 At first these groups had no organization, but New York 
 State was one of the first in which parties began to have 
 a regular organization with recognized leaders. From 
 our study of history we know that the two first parties 
 after the Revolution were the Federalists and Anti-Fed- 
 
88 THE GOVERNMENT OF- NEW YORK. 
 
 eralists. The latter afterwards took the name of Repub- 
 licans. After the \\'ar of 1812 the Federalists died out, 
 and the Republicans had things all their own way for 
 a time. At the time of Jackson they split into two parts 
 — the Democratic Republicans and the National Repub- 
 licans. The latter finally took the name of Whigs, and 
 then split up into a large number of different parties on 
 account of the slavery question. Ultimately out of all 
 these grew up a party which called itself the Republican 
 party. The old Democratic Republicans had dropped 
 the latter portion of their name and called themselves 
 Democrats. The new Republican party was victorious 
 in the elections just preceding the Civil War, and ever 
 since that time there have been two chief parties in our 
 State — the Democratic and the Republican. There have 
 been, and there are now, numerous other parties, but of 
 these we have no space to treat. 
 
 Organization of a Party. — Parties are, of course, private 
 organizations, and do not form a part of the government 
 of the State. Any expenses to which they may be put are 
 paid for by subscriptions from members. The objects of 
 organized parties are to hold voters of the same political 
 opinions together, to nominate a man for office who will 
 carry out those opinions, and to get him elected. To 
 accomplish the above objects in a ■ State having a large 
 population and a large area requires a somewhat compli- 
 cated organization of parties. Any group of men desir- 
 ing to be recognized by our State as a party with the 
 rights of organization must show that they polled at 
 least 10,000 votes at an election at which a Governor 
 was chosen. The business of a party is managed by an 
 
NOMINATIONS AND ELECTIONS. 89 
 
 elected committee. As each party is a private affair it 
 may have an organization to suit itself, except in so far 
 as the State Legislature has stepped in to regulate certain 
 matters. No two parties are therefore exactly alike in 
 the details of their organization, but in general they are 
 very similar. 
 
 The Primary. — We sav\? that government by means of 
 representatives grew up because of a large area and popu- 
 lation. In the same way a representative system had to 
 be devised for making nominations for office. In small 
 districts, such as the town, nominations for office can be 
 made directly by a meeting of all the voters of a party, 
 just as the government can be carried on by the town 
 meeting, but in a larger and more densely populated dis- 
 trict nominations have to be made by the representative 
 plan. To make nominations in a small district, all that 
 is necessary is a meeting of the voters of a party in that 
 district. This is known as the " primary." In the State 
 the district for a primary is usually a town, but in the 
 cities primaries are held in the Assembly Districts, the 
 city wards, or in districts known as " election districts," 
 comprising about four hundred voters. Each political 
 party has its own special system in these matters. This 
 primary makes nominations for the local offices, or elects 
 delegates to a convention which has such nominations in 
 charge, and, at the election, the names of these nominees 
 appear on the ballot with the names of those who have 
 been nominated after much the same fashion by other 
 parties. The duty of the primary does not end here. It 
 elects a committee, or officers of its own, whose duty it 
 is to look out for the interests of the party in the district. 
 
9° 
 
 THE GOVERNMENT OF NEW YORK. 
 
 Conventions. — Delegates are chosen by the primaries to 
 attend the County Convention and the Assembly District 
 Convention. In the cities the primaries also choose dele- 
 gates to attend the City Convention. This convention 
 makes nominations for the general city offices. The 
 County Convention makes nominations for county offices, 
 and selects a committee and officers to conduct meetings 
 and take care of party interests in the county. The Assem- 
 bly District Convention does the same thing for its district 
 and also elects delegates to the State Senate District Con- 
 vention, the State Judicial District Convention, the Con- 
 gressional District Convention, and the State Convention, 
 when elections are going to take place in these various 
 districts. All of these conventions perform much the 
 same duties and functions as the conventions of smaller 
 districts. They all have special duties besides. The State 
 Senate District Convention nominates a man for office in 
 the State Senate. The State Judicial District Convention 
 nominates men for the offices of State Supreme Court 
 Judges from the district. The Congressional District 
 Convention nominates a man for the office of Represen- 
 tative in the Federal House of Representatives, and, in 
 Presidential election years, elects two delegates to attend 
 a National Convention of the party. The State Conven- 
 tion makes public the principles and doctrines of the 
 party, nominates men for State offices, such as the Gov- 
 ernor, Lieutenant-Governor, etc., and, in Presidential 
 election years, nominates the party's " electors " of the 
 President and elects four delegates-at-large to the Na- 
 tional Convention. 
 
 National Convention. — The delegates chosen by the Con- 
 
NOMINATIONS AND ELECTIONS. 91 
 
 gressional District Conventions of the State, and the four 
 delegates-at-large attend the National Convention of the 
 whole party. Here committees and officers of the party 
 are chosen, the principles and doctrines of the party 
 known as a " platform " are drawn up, and men are nomi- 
 nated for the offices of President and Vice-President of 
 the United States. 
 
 Irregularities. — Complicated as this method of making 
 nominations may seem, it is in reality not nearly so sim- 
 ple or so regular as it appears here. If we were, however, 
 to give all the details and the many exceptions, we should 
 have to occupy an entire book with them. 
 
 Time of Holding Primaries. — The regular primaries are 
 held on the seventh Tuesday before election day. In the 
 year of a Presidential election it is the tenth Tuesday, 
 and there is also in that year an extra primary held on the 
 last Tuesday in March for the purpose of choosing dele- 
 gates to conventions which have to do with the National 
 Convention. 
 
 Voting in Primaries. — On account of the frauds prac- 
 ticed in primaries, the State has found it necessary to 
 pass very strict laws in regard to their management. 
 Only those regularly enrolled as members of the party 
 in the district are allowed to vote. The committee 
 chosen by the primary arranges for the time and place 
 of meeting, and sets the hours between which the mem- 
 bers may make their nominations for local officers and 
 for delegates to conventions. Any attempt at fraud, such 
 as refusal to allow the ballot box to be inspected before 
 
92 THE GOVERNMENT OF NEW YORK. 
 
 the voting begins, and allowing non-members to vote, 
 and counting the vote in secret, invalidates the nomina- 
 tion. When the primary has finished its work, it has set 
 in movement the whole machinery of the nominating con- 
 ventions which we have mentioned above. 
 
 Rival Delegations. — It frequently happens that two sets 
 of delegates are sent by some primaries to a convention, 
 or from a lower to a higher convention. These cause 
 endless disputes, which are sometimes settled only by 
 allowing each delegation to cast half the vote to which 
 the delegation is entitled. 
 
 Instructed and Uninstructed Delegations. — It is com- 
 mon for the primary to " instruct " their delegates how 
 to vote in the conventions to which they are chosen. If 
 this convention chooses delegates, these in turn are in- 
 structed how to vote at a higher convention. The dele- 
 gates are, however, frequently sent " uninstructed," and 
 are thus allowed to use their best judgment as to whom 
 they shall vote for in a nominating convention. 
 
 Independent Nominations. — Nominations for office may 
 be made by other means than by the use of a party organ- 
 ization such as that sketched above. For example, if six 
 thousand or more voters wish to nominate a certain man 
 for Governor, they may sign an " independent certificate 
 of nomination," send it to the official who has charge of 
 the ballot, and their candidate's name will appear thereon. 
 For officials elected by smaller districts than the whole 
 State the number of names required for an independent 
 nomination is less — that required for a town official, for 
 instance, is only one hundred. 
 
CH cunNBJiTi roi «iu* 
 
 "lBfi^_,' 
 
 Hi?llauV±);J£'(n£M^!'ra!nii^fD"ni^fSi^>V''^^^^ 
 
 UPOBLicui nan 
 For Presldeni, 
 
 wiLLriM Mckinley. 
 
 For Ylce-Presldeni, 
 rnEOD0REB003EV?LT 
 
 • 
 
 o 
 
 DEirOCHTlCTlClfT. 
 
 For President, 
 
 fflLLIAM J, BRTAM. 
 
 For Vice-Pfesldeiil, 
 ADLAI E. STEVENSON. 
 
 SOCUUST UBOB Ticm 
 
 Fbr Pnsldenr, 
 JOSEPH F. UALLONET. 
 
 For Tlcc-Prcsldenl, 
 VALENTINE HEMUEL 
 
 PHOBIBmOM nCIET. 
 
 ForPresldenr, 
 
 JOHN 0. WOOLLSr. 
 
 foT TlayPresldeD^ 
 ITENBY R MBTCALF. 
 
 o 
 
 SOaALDEHOCRATECTICKn 
 
 F^r PlfiSldeDl, 
 
 EUGENE T, debs; 
 
 For Vlce-Pnaldonl, 
 
 JOB 1[ASRI»AN. 
 
 BUNK COLUVII. 
 
 ..:a".-B>u, 
 
 ■.3Ki 
 
 ISf^lL 
 
 '-■SB 
 
 TSTTtBuu 
 
 .-c-ftSJ.,, 
 
 -■Mr, 
 
 'srs».T 
 
 
 Kxiuii^XJn^D^ 
 
 'at at i.i a ftftgg 
 
 PtnETiP^MfvusKr 
 
 SPECIMEN BALLOT. 
 
NOMINATIONS AND ELECTIONS. 93 
 
 Filing and Publication of Nominations. — When the 
 nominations are once made by the primaries, conventions, 
 and independent groups of voters, they must be filed 
 with the proper ofificials ~and pubHshed in a certain num- 
 ber of newspapers at specified times before the election. 
 Nominations for offices for which the whole State is the 
 district must be filed with the Secretary of State; those 
 for offices for which the district is larger than the county 
 must be filed with the Secretary of State and the county 
 clerks of all counties in the district; those for town, vil- 
 lage, and city offices with the clerks of those places ; those 
 for all other offices with the county clerk. The county 
 clerk sees to the publication of all nominations except 
 those for town, village, and city offices. The clerks of 
 these respective places attend to the posting or publish- 
 ing of these. 
 
 The Ballot. — All the nominations thus filed are printed 
 at public expense on a single sheet of paper. The arrange- 
 ment is specified by law, and the ballot is known as the 
 " Australian ballot," because the form was invented in 
 Australia. Each organized party has a special column in 
 which its nominations are placed, and at the top of each 
 column is an emblem, such as a star, or an eagle, by which 
 the voter can easily recognize the column of his party. 
 Under each emblem is a circle and in front of each name 
 is a little square, for the purpose of enabling a voter to 
 vote a " straight " or a " split " ticket. Independent 
 nominations have a column of their own, and there is in 
 addition a blank column in which a voter may put down 
 the name of any man for whom he wishes to vote for any 
 of the offices. 
 
94 THE GOVERNMENT OF NEW YORK. 
 
 Time of Election.— Everything from the point of view 
 of nominations is now in readiness. Almost all that we 
 have been studying has been done outside of the con- 
 trol of the State, with the view to getting certain men 
 elected on election day. The time of election and almost 
 all of the election machinery which is now to be described 
 is a matter of State law. Election day comes annually 
 on the Tuesday next after the first Monday in November. 
 To enable every voter to cast his vote the day is made 
 a holiday, and the voting places remain open from six 
 o'clock in the morning until five o'clock in the afternoon. 
 
 Election Districts. — For the convenience of voting and 
 counting the votes the State Legislature has provided for 
 the division of the territory of the whole State into elec- 
 tion districts. These contain approximately four hun- 
 dred voters, but in area they naturally vary from a whole 
 town to a portion of a city block. In each of these there 
 is a designated place where voters register and cast their 
 ballots. To vote in a district a voter must have been in 
 residence there thirty days previous to election day. If 
 he has moved into the district within the period of thirty 
 days previous to election day he loses his vote altogether. 
 
 Registration and Election. — To attend to the business of 
 registration and voting in a district there are appointed 
 by the local authorities: (i) Four inspectors; (2) two 
 poll clerks; and (3) two ballot clerks, each class being 
 equally divided between the two largest political parties. 
 The four inspectors form a " Board of Registry." It is 
 their duty to hold from two to four meetings at certain 
 intervals previous to the election, and register the quali- 
 
NOMINATIONS AND ELECTIONS. 
 
 95 
 
 fied voters of the district who put in an appearance to 
 be registered. Any voter who fails to register at one 
 of the times set loses his vote at the election. (This 
 does not hold true of small villages and towns.) These 
 same four inspectors are also known as a " Board of In- 
 spectors," and as such have charge of making all arrange- 
 ments for the election in the district, and of the order 
 at the polling place. In the place where the election is to 
 be held they have to provide ballot boxes, to see that 
 enclosed booths are set up where the voter may prepare 
 his ballot in secret, and to set off by railings spaces in 
 which are allowed only the election officers, two watch- 
 ers sent by each party to challenge illegal voters, and 
 the voter himself. The election officers group themselves 
 about a table in the area enclosed by railings, and are 
 ready to receive the voter. 
 
 Voting. — The voter enters the polling place, joins the 
 line of waiting voters, if others are before him, and in his 
 turn gives his name. If the inspectors find his name on the 
 registration list of voters, the poll clerks enter his name 
 opposite a number on the poll list, and the ballot clerks 
 then give him a ballot which has the same number on it. 
 This is on the outside at the top, so that the portion con- 
 taining it can easily be torn off without affecting the por- 
 tion on which the names of candidates appear. The voter 
 takes his ballot into one of the enclosed booths and closes 
 the door. On a little shelf-desk, where there is a black 
 pencil provided, he proceeds to mark his ballot. If he 
 wishes to vote a straight ticket, that is, for all the names 
 in a party column, he puts an X in the circle at the head 
 of the column. If he wishes to vote a split ticket, that is, 
 
96 THE GOVERNMENT OF NEW YORK. 
 
 for candidates of different parties, he maltes a cross be- 
 fore the name of each candidate for whom he votes. 
 If the column in which he has put an X in the circle 
 contains the name of a candidate for office for whom 
 he does not wish to vote, he may put an X opposite 
 the name of a candidate for the same office in another 
 party column, or may write the name of a candidate 
 under the office in the blank column. If any mark 
 except the cross is used, or if any erasure is made, the 
 vote will not be counted. If the voter tears, defaces, or 
 wrongly marks the ballot he should return it and obtain 
 another. When he has properly marked his ballot he 
 folds it and passes out of the booth. He gives his ballot 
 to the inspector in charge of the ballot box, who tears off 
 the portion with the number on it and puts it into one box, 
 and the portion with the names and crosses on it into the 
 ballot box proper. The object of the number is to show 
 who in the district has actually voted and deposited his 
 ballot, and also to prevent another man from coming and 
 trying .to vote under a name not his own. As the por- 
 tion with the vote on it is not numbered, however, no one 
 can tell how a man voted. 
 
 The Voting Machine. — In some districts machines are 
 used for voting instead of ballots. They have all the 
 advantages of the ballot, and at the same time show the 
 results of the voting as soon as the polling places are 
 closed. It seems probable that they may gradually be 
 put in use everywhere. 
 
 Challenging Votes. — It is the business of the " watch- 
 ers " at the polls to try to detect illegal voters. If they 
 
NOMINATIONS AND ELECTIONS. 
 
 97 
 
 suspect a man they may challenge him. If he then insists 
 on voting, he must, in order to do so, take an oath to the 
 effect that he has the qualifications in that district. If 
 it is subsequently proven that he has taken a false oath, 
 he is liable to imprisonment. Any qualified voter may 
 also challenge another voter. 
 
 The Canvass. — As soon as the polls are closed the work 
 of counting the votes begins. This is done publicly by 
 the election inspectors. The results from each district 
 are forwarded to the county clerk. He tabulates the re- 
 sults and presents them to the supervisors of the county, 
 who for this purpose are known as the Board of County 
 Canvassers. This board reviews the results from the 
 county. The county clerk makes known the county offi- 
 cers elected. The results from each county are filed with 
 the State Board of Canvassers, which consists of the Sec- 
 retary of State and four other executive officers of the 
 State. This board summarizes the results received from 
 the counties, and the Secretary of State sends a certificate 
 of election to the candidate who has received the great- 
 est number of votes for the office for which he has been 
 running.^ 
 
 Publicity. — All of the proceedings connected with the 
 counting of the ballots have to be conducted with the 
 utmost publicity. The results are made known, and the 
 enterprising newspaper press publishes the results long 
 before the official certificates are sent to the successful 
 candidates. 
 
 ' For most ofl&ces a majority of the votes cast is not required for election, 
 but only a "'plurality" — that is, the highest number. A majority means 
 more than one-half of the total number of votes cast. 
 
g8 THE GOVERNMENT OF NEW YORK. 
 
 Disputed Elections and Recounts. — When elections are 
 close, that is, when the man elected has only a few more 
 votes than his nearest competitor, the latter is likely to 
 dispute the election on various grounds and to ask an 
 order from the Supreme Court calling for a recount. 
 This recount is usually demanded with the hope of find- 
 ing that some ballots have been counted for opponents 
 which should have been thrown out on account of defects, 
 or that others for the defeated candidate, which are not 
 defective, have nevertheless been thrown out on the 
 ground of supposed defects. Sometimes a recount is de- 
 manded with the hope of finding whether a certain voter 
 who was bribed to vote a certain way actually did so. 
 
 The Object of these Complex Regulations — The object 
 of all this complex machinery is to prevent fraud. Men 
 will try to bribe other men to vote for them, to get men 
 to vote twice (repeaters), to have men vote who have no 
 right to vote (colonizers), and to " stufif " the ballot box, 
 that is, put in more than one ballot. The whole system 
 of voting which we have described is to defeat such unfair 
 tactics. 
 
 Existing Frauds. — With all the machinery of elections, 
 however, there is still a certain amount of fraud. Most 
 of the practices which we have mentioned above still go 
 on to a slight extent. Marking the ballot with very small 
 dots, or making small slits at certain agreed-upon places 
 in the ballot, are devices employed by the corrupt to show 
 to those who look over the ballots, on the first count, or 
 on a recount, that they have voted as they were paid to 
 vote. The only remedy against such fraud is to throw 
 out all ballots which show even the slightest mark or tear. 
 
NOMINATIONS AND ELECTIONS. 
 
 99 
 
 The New York System — Fraudulent voting in this 
 State, however, has been reduced to a minimum, and this 
 is due to the very machinery of voting which we have 
 described. The system of voting in this State is undoubt- 
 edly among the best in use in the country. 
 
 Election" Expenses. — The expenses in connection with 
 the taking and counting of votes are borne by the public, 
 but those in connection with party nominations have to 
 be borne by the parties. They rely upon contributions 
 from the members of the party, but large sums of money 
 are said to be subscribed by big corporations. These are 
 usually made with the hope of either getting favorable 
 or of preventing unfavorable legislation by the party in 
 case its candidates are elected to office. For this purpose 
 it is said that some business men and organizations con- 
 tribute to the election campaign funds of each of the two 
 great parties. 
 
 Legitimate Uses of Campaign Funds Enormous sums 
 
 are spent in perfectly legal ways. Many letters, pam- 
 phlets, and even books are printed and sent to voters to 
 persuade them to vote for the party's candidates. Post- 
 age, the rent of rooms for headquarters, and wages of 
 clerks to address mail matter call for vast sums. Notices 
 in the newspapers and the placarding of billboards take 
 a great deal of money. 
 
 Illegitimate Uses of Campaign Funds. — Some money is 
 spent in ways which are prohibited by law, because they 
 undermine the very basis of our democratic government. 
 Anyone who directly or indirectly receives, or pays, or 
 promises to pay to another any money, or other valuable 
 
lOO THE GOVERNMENT OF NEW YORK. 
 
 thing as a compensation or reward for the giving or with- 
 holding of a vote at election is liable to fine and imprison- 
 ment. This is meant to prevent the illegitimate use of 
 campaign funds by the parties and the candidates. The 
 latter are further restricted by being required by law to 
 render an itemized statement of the money they have 
 spent during the election. 
 
 Nominations and Elections in Actual Practice. — In nomi- 
 nations and elections the practice differs from the the- 
 ory much in the same way we saw that it did in the 
 various departments of government. The cause for the 
 difference is the same in both instances. It is the failure 
 of certain citizens to take the interest they should in the 
 nominations and elections. 
 
 The Primary in Practice — We saw that many voters 
 absented themselves from the town meeting because they 
 felt that they would be outvoted. Thus the government 
 of the town fell to those who were least fit to control it. 
 The same thing happens at the primary. The voters do 
 not all meet together at some specified time and make 
 nominations or choose delegates as is done in our debat- 
 ing societies. They straggle in at odd times and place 
 in the ballot box the names of such men as they wish to 
 vote for. These are printed on a ballot prepared by 
 local politicians who are interested in getting or retain- 
 ing the leadership. In the large cities the voter at the 
 primary frequently does not know by sight or by repu- 
 tation any of the men for whom he votes. Many voters 
 who should attend and use their influence for good never 
 go to one. The result is that its control falls into the 
 
NOMINATIONS AND ELECTIONS. loi 
 
 hands of those who make a business of poHtics. These 
 men meet beforehand, make up a ticket or " slate " of 
 their own, and being well organized carry all before them. 
 The few outside of this group who do show up at the pri- 
 mary have given no attention to the matter at all, have 
 not even thought of anybody whom they would like to 
 have for local officers or for delegates to a convention, and 
 have no choice except to vote for men whom they do not 
 want. They grumble, say everything is " cut and dried," 
 and join the number of those who never go to a primary, 
 never realizing that it is they themselves who are to blame 
 for the condition of affairs. The result of all this is that 
 a well-organized minority of the voters in the district run 
 a party machine there. As the primaries are the founda- 
 tions of the whole system of party nominations and elec- 
 tions, the party itself all over the State, and even the 
 nation, falls into the control of a vast " machine " headed 
 by a " boss." Those who wish to break his control must 
 first get control at the primaries by getting out the " stay- 
 at-home " voters. 
 
 The Machine. — ^The machine is a term used to desig- 
 nate a body of voters in a party who stick by each other 
 " through thick and thin." This policy enables them to 
 control the party, even though in numbers they may form 
 only a small minority. As their opponents have no or- 
 ganization and do not " stick together," they have no 
 chance to get anybody nominated on the ticket. Failing 
 in this they have to vote for the machine's candidates, 
 vote with another party, or not vote at all. As the other 
 party is just as likely to be controlled by a machine as 
 their own, they stay at home and do not vote at all. Their 
 
I02 THE GOVERNMENT OF NEW YORK. 
 
 withdrawal thus throws the control of nominations and 
 elections into the hands of the machine and the boss. 
 
 The Boss.— The boss is the term used to describe the 
 most prominent leader of the party machine in any dis- 
 trict. Thus the machine in the primary will have its boss, 
 the county machine has its boss, and so on up to the State 
 machine and the State boss. 
 
 The term boss has come to have a bad meaning, that 
 is, that the leader thus described is politically corrupt. 
 Such, however, is not always the case. There are many 
 leaders called bosses who are honest men. The truth of 
 the matter is that democratic government cannot be run 
 without parties, and parties cannot be run without leaders. 
 
 The Good in Our Party System — The organization of 
 parties enables us to run the government successfully. 
 Men from the parties are grouped together to carry out 
 certain policies which they believe to be for the best in- 
 terests of the country and the people. If they can suc- 
 ceed in getting a majority of the voters to believe with 
 them, the control of the government will be put into the 
 hands of officials elected by them. If not, it will go into 
 the control of another party. Without parties our gov- 
 ernment would be but a poor afifair, following no settled 
 policy, doing one thing one day and another the next, 
 without having any principle or plans of action. 
 
 Evils of the Party System. — The objection to our par- 
 ties of to-day is that they are largely run by dictation 
 from a party boss, and that they have the expenditure of. 
 vast sums of money. The members of a party, above all 
 things, wish to be regular. They do not wish to " bolt " 
 
NOMINATIONS AND ELECTIONS. 103 
 
 their party. This is why they follow the commands of a 
 boss when they inwardly feel that he is wrong, and that 
 what he dictates is not for their own best good or for the 
 good of the general public. The boss who has this con- 
 trol over the members of the party is thus able to control 
 the government officials elected by the party. These offi- 
 cials must do his bidding and pass laws at his dictation, 
 or run the risk of being defeated at the next nominations 
 for office. This means the loss of a whole future career 
 for them, and they usually end by doing as the boss 
 dictates. 
 
 Money Power. — The orders of the corrupt boss are usu- 
 ally in the interest of individuals or corporations who 
 have aided the party by contributions for the election 
 expenses. These contributions being made with a view 
 to having favorable laws put through, or adverse legisla- 
 tion defeated, in case the party is victorious in the elec- 
 tion, the boss has to see that the wishes of these individ- 
 uals or corporations are attended to by the officials whom 
 his party has elected. Individuals or corporations desir- 
 ing such measures usually approach the party boss, and, 
 by direct or indirect pressure, by means of money or other- 
 wise, get his support. The measures are then " jammed " 
 through by the officials. Whether they are for the best 
 interests of the public or not is a question little considered. 
 
 Party Reform. — To reform such evils it is not neces- 
 sary to do away with political parties or political leaders. 
 In fact, as we have seen, it would be impossible to do with- 
 out them in a democratic government. What we must 
 do is to get better leaders. To get them all of our voters 
 
I04 THE GOVERNMENT OF NEW YORK. 
 
 must go to the primaries, for that is where all reforms 
 which are to be lasting must start. Even if, for the time 
 being, the best men of the party are voted down at the 
 primaries, it cannot be for long. If the voters in a party 
 are bad, and the leaders are bad, the government, if they 
 win in the elections, will be bad, that is, against the 
 interests of the general public. No party which runs the 
 government in that way will stay long in power. The 
 best elements will at last desert it, and it will lose the elec- 
 tion, the winning of which is the main object of party 
 organization. To get back into power the party will have 
 to improve. Little good can be done by finding fault and 
 doing nothing. He who really wishes good government 
 will start at the primaries to reform the parties from 
 within. Good parties nominate good men for office, and 
 with good nominations comes a chance for good govern- 
 ment. 
 
 Elimination of the Money Power. — With good mem- 
 bers and good leaders, corrupt men and corporations 
 would have little chance of getting bad laws put through 
 or good ones defeated. To settle the question, however, 
 it would be well to have a law passed compelling political 
 parties to publish an itemized statement of receipts and 
 expenditures during election campaigns. The public 
 would then know from whom money was received and 
 how it was spent. 
 
 The Use of Independent Nominations When all else 
 
 fails and the party organizations seem determined to 
 thwart the will of the people, there is always the inde- 
 pendent nomination to fall back upon. By this means, if 
 
NOMINATIONS AND ELECTIONS. 
 
 105 
 
 the people are sufficiently roused, the right man can be put 
 into office in spite of the machine. 
 
 Attendance at Elections. — The duty of the good citizen 
 does not end with the primary. He must not allow any- 
 thing to interfere with his going to the polls and casting 
 his vote on election day. To get a good man nominated 
 for office is well enough, but to elect him is better. 
 
 Education of the Voter. — Education, unfortunately, does 
 not make party men honest. Some of our most dishonest 
 political leaders have been graduates of colleges. Educa- 
 tion, however, probably makes the average man more 
 straightforward than he would have been without it. 
 For the cause of good government the education of the 
 voter accomplishes a still greater good than even that. A 
 man who is educated is able to see clearly whether what 
 is proposed by political leaders or officials is going to be 
 to his good or his harm. He is enabled to " know what is 
 what," as the saying goes, and will not permit himself 
 to be led along blindly by the false arguments of some 
 unscrupulous party leader. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Obtain sample copies of official ballots, and learn how straight 
 
 and split tickets are voted. 
 
 2. Make a diagram of the voting booth, and go through the de- 
 
 tails of the voting process. 
 
 3. Give all the reasons you can think of why the lavr insures 
 
 secrecy of the ballot. 
 
 4. Attend a caucus, or primary, and a convention, and write a 
 
 description of them. 
 
 5. Get newspaper accounts of the various conventions which are 
 
 mentioned in this chapter. 
 
CHAPTER XL 
 
 LOCAL TAXATION 
 
 Necessity for Taxation. — We must have a government, 
 and a government costs money. The salaries of officials 
 and the erection of public buildings, the laying out and 
 caring for roads and streets, the supplying of v^^ater and 
 a thousand and one things demand the expenditure of a 
 great deal of money. For all of these the citizen must 
 pay, directly or indirectly. He could, if it were conven- 
 ient, carry his own water, pave his own street, and do 
 many other things which are now done for him. He 
 would have to give up his own business to do them, and 
 thereby lose the money he was making in it, and even 
 then he would not be able to do all that is now done for 
 him. In other words, he finds it easier and cheaper to 
 pursue his own business or profession, and to employ the 
 government to do the other things. The payments he 
 makes to the government are known as taxes. 
 
 Who Pays Taxes. — Some people have an idea that only 
 those who make money payments to the tax collectors pay 
 taxes. This is a most unfortunate idea, because it leads 
 some to think that they are getting something for noth- 
 ing, and makes them indifferent to the lavish expenditures 
 by the government because they think they are not pay- 
 ing for it. We never get anything for nothing. All 
 of us pay taxes whether we pay them directly to the 
 
 io6 
 
LOCAL TAXATION. 107 
 
 tax collector or otherwise. Each one of us pays a cer- 
 tain amount for the education we get, for the paving of 
 the roads, for the building of bridges, etc. We may not 
 do this directly, but we do it. If we own a house, or a 
 lot, or a store, or a manufacturing establishment, we do 
 it directly by paying money to the tax collector. If we 
 do not own anything, but simply work for wages and 
 pay for our board and room, or our house rent, we pay 
 taxes indirectly. When the landlord calculates how much 
 he is going to charge for rent, he takes into considera- 
 tion how much his taxes are, and we pay our share of 
 taxes in the rent we pay. In the price of everything we 
 buy there is a certain portion which goes for taxes. If 
 the landlord and the storekeeper had to pay no taxes, 
 rent and prices of goods would be reduced. If taxes are 
 increased, rents and prices will go up.^ Even educational 
 and religious institutions, which are exempted from pay- 
 ing direct taxes, have to pay them indirectly in the ways 
 we have mentioned. So all of us, unless we are actually 
 supported by the State in some charitable institution, or 
 are dependent upon others for our support, pay taxes. 
 
 Property Tax. — The property tax is the direct tax 
 which is levied in our State on what is known as " realty," 
 that is, land, houses, barns, and the like, and on " per- 
 sonalty," that is, on movable property — such as money, 
 jewelry, furniture, pictures, horses, carriages, and the 
 like. On these the owner pays a direct tax to the tax 
 collector. A tax is levied on property in proportion to 
 its value, because it is thought that each owner of prop- 
 
 ' There are many other items which determine rents and prices, and these 
 statements are true only when we omit such items from consideration. 
 
io8 THE GOVERNMENT OF NEW YORK. 
 
 erty receives protection and service from the government 
 in such proportion. 
 
 Exemptions from Taxation. — There are, however, many 
 different kinds of property which the government ex- 
 empts from taxation. A few of such kinds are the real 
 and personal property of educational, religious, charitable, 
 and scientific organizations, deposits in savings banks. 
 United States bonds, and certain State and city bonds. 
 
 Assessment of Property. — The question, then, is to deter- 
 mine what the value of property is. Certain officials every 
 year place a value on the realty and personalty in their 
 districts. This is called an " assessment," the paper or 
 book on which it is made is called an " assessment roll," 
 and the officials are called " assessors." 
 
 The Tax Districts — The districts over which the asses- 
 sors work are known as " tax districts." These are polit- 
 ical subdivisions of 'the State having a board of assessors 
 authorized by law to assess the property therein for State 
 and county taxes. These districts, then, are the towns 
 and cities of the State. 
 
 Contents of the Assessment Roll. — The assessment roll 
 contains the names of all taxable persons and corporations 
 in the district, and a list of the real and personal prop- 
 erty owned by each, with its value. After the roll is 
 completed and published, the persons whose property is 
 valued are given an opportunity to appear and make com- 
 plaints about errors in the assessment, and to ask for cor- 
 rections. The corrected roll is then sent to the County 
 Board of Equalization. 
 
LOCAL TAXATION. 109 
 
 County Board of Equalization.— There is a tendency on 
 the part of the assessors in tax districts to " undervalue " 
 the property in the district, so as to make taxation light 
 for their districts. In view of this fact, all of the assess- 
 ment rolls of the tax districts of the county are put into 
 the hands of the Board of Supervisors of the county, 
 whose business it is to " equalize " the assessments, so 
 that the taxes will not bear unjustly on any district. 
 In New York City the boroughs are used for purposes 
 of assessment and the city department of taxes and assess- 
 ments " equalizes " the returns. This does not mean that 
 the valuations from every district are to be made equal 
 in amount, but simply that, if the real and personal prop- 
 erty in one district are more valuable than in another, 
 such a fact shall be shown on the assessment roll. Then 
 when the taxes are levied the wealthy district will have 
 to pay a larger sum total of taxes than the poorer dis- 
 trict, but the rate of taxation will be the same. If such 
 equalization did not take place, it would be found at 
 times that poor districts would be put down as having 
 the same or even greater valuation in taxable property 
 than the wealthy districts. 
 
 State Board of Equalization. — The assessment rolls of 
 the counties are then sent to the State Board of Equaliza- 
 tion, whose business it is to equalize them for the whole 
 State' in the same way that the county boards did for the 
 counties. The State Board of Equalization consists of 
 the three Tax Commissioners, who have general super- 
 vision over taxation in the State, and the seven executive 
 officials who form the Land Office Commission. 
 
 Computing the Taxes. — On the basis of the valuations 
 
no THE GOVERNMENT OF NEW YORK. 
 
 of property as set forth in the assessment rolls coming 
 from the State Board of Equalization, several distinct 
 t^xes are levied. First there is the State tax, then the 
 county tax, then the town or city tax, and each village 
 also has its tax. 
 
 State Tax The State Comptroller makes an estimate 
 
 of how large a sum the State needs from the property 
 tax, and then divides this sum among the counties in pro- 
 portion to the value of the property which each county is 
 shown to have by the assessment roll. The amount which 
 each county is to contribute to the State tax is made 
 known to the county clerk and board of supervisors of 
 the county. 
 
 County Tax. — The Board of Supervisors of the county 
 calculates the amount of money they will need from the 
 property tax to pay the expenses of the county. To this 
 amount they add the amount which the State Comptroller 
 has informed them they must raise for the State. The 
 board then divides the sum among the tax districts of the 
 county in proportion to the assessed value of property in 
 them. 
 
 Town Tax. — As we saw above, the ordinary tax dis- 
 trict is the town. There is a certain amount of taxes 
 which each town has to raise each year for its own ex- 
 penses. To this amount is added the amount which the 
 Board of Supervisors has informed each town that it must 
 raise. The sum is then divided among the property own- 
 ers of the town in proportion to the amount of property 
 which each has. So the sum which each property holder 
 
LOCAL TAXATION. iii 
 
 pays is really made up of three portions : ( i ) For town 
 expenses; (2) for county expenses; (3) for State ex- 
 penses. 
 
 City Tax — Earlier we saw that when a city govern- 
 ment was formed over a certain area the town organiza- 
 tion in that area was given up entirely. For that reason 
 the city is made into a tax district for the area which it 
 covers. Like the town it has to estimate the amount of 
 its running expenses, and to find out what amount is to be 
 paid for by the property tax. To this amount is added 
 the amount required as its portion of the county and State 
 tax. The sum is then divided among the property owners 
 in proportion to the value of their property. 
 
 Village Tax. — The man who lives in a village is a citi- 
 zen of the village, of the town, and of the county in which 
 the village is located, and also of the State. Thus he has 
 really four taxes to pay. Those for the State, county, and 
 town are collected by the method which we have studied 
 above. In addition to these there is a village tax for vil- 
 lage expenses. This is usually, but not necessarily, col- 
 lected at a different time from that at which the other 
 three are collected. 
 
 Collection of Taxes. — With the final calculation of what 
 each individual is to pay we have the " tax roll " com- 
 plete. This contains a list of property owners, the de- 
 scription and valuation of their property, and the tax 
 to be collected from each. This is placed in the hands of 
 the collector of taxes for the tax district. He gives public 
 notification of that fact, and gives an opportunity for all 
 those assessed to come and pay their taxes. If, at the end 
 
112 THE GOVERNMENT OF NEW YORK. 
 
 of a month, these are not paid, the collector or his agent 
 calls upon the property owner for the amount of taxes due. 
 If they are then not paid, proceedings are begun by which 
 the property of such a person may be " sold for taxes." 
 The process by which this may be done is too complicated 
 for explanation here. All that the authorities are inter- 
 ested in is to get the amount of the taxes. This they 
 aim to do by giving the delinquent property owner as 
 little trouble as possible. 
 
 Division of the Proceeds of Taxation. — When the taxes 
 are finally collected, they are distributed among the sev- 
 eral officials who are specified by law or the Constitution 
 to receive them. The State, county, town, city, and vil- 
 lage treasuries receive their shares and pay them out on 
 requisition for the expenses of their respective districts. 
 
 Other Taxes. — Besides the property tax there are! other 
 sources from which the government gets revenue. The 
 most important of these are the excise tax, the inheritance 
 tax, and the corporation tax. The excise tax is that 
 which a dealer in liquors has to pay for the privilege. 
 One-third of this goes to support the State, and the other 
 two-thirds goes to the town or city in which the liquor 
 store is located. The inheritance tax is that which must 
 be paid upon property left by a deceased person, provided 
 the property is above a certain amount in value. The cor- 
 poration tax is that which is paid by corporations : ( i ) 
 When they are organized; (2) when corporations organ- 
 ized in other States wish to do business in this; (3) when 
 certain corporations, such as insurance companies, rail- 
 road companies, and others have to pay a certain amount 
 
LOCAL TAXATION. 113 
 
 on their annual incomes. In addition to all these there 
 is another tax, recently declared constitutional, called 
 the " franchise tax," which goes to the political division 
 of the State that grants the franchise. A franchise may 
 be defined as a certain privilege granted by the State, or 
 a political division of the State, to a corporation or in- 
 dividual to carry on business of a certain kind. Such 
 privileges are those granted to gas companies to use the 
 streets for their pipes, to street railway companies to use 
 the streets for laying down their tracks and other like 
 privileges. These privileges, being almost exclusive, come 
 to have great value and the government has imposed a 
 tax on them. 
 
 Cost of Collecting Taxes. — The most inexpensive taxes 
 to collect are the last two mentioned. The cost of collect- 
 ing them is only a very small percentage of the amount 
 received. The property tax and the excise tax are more 
 expensive to collect. It requires more officials to get 
 them because the process is more complicated. How- 
 ever, we collect our property tax more cheaply than most 
 European countries do. Our system of assessment and 
 collection is practically carried out by one set of officials, 
 and the expenses are thereby reduced to the smallest pos- 
 sible figure. 
 
 Faults of Our System. — The faults of our system may 
 be stated under four headings: (i) Undervaluation; (2) 
 concealment of personalty; (3) tax dodging; (4) differ- 
 ences in tax rate. 
 
 Undervaluation. — Of undervaluation by assessors we 
 have already spoken. It is an evil that the boards of 
 
114 THE GOVERNMENT OF NEW YORK. 
 
 equalization try to do away with. They succeed to a 
 certain extent, but there is always a certain amount of 
 undervaluation going on which makes taxes for others 
 heavier than they should be. 
 
 Concealment of Personalty. — Realty cannot be con- 
 cealed, but money, bonds, jewelry, and most property 
 which we know as personalty can be so easily concealed 
 that it may be safely stated that there are but few peo- 
 ple who make known to the assessors all of their per- 
 sonalty. The absolutely honest people who declare their 
 property are at a disadvantage compared with the dis- 
 honest. Many authorities think this tax on personalty 
 encourages dishonesty and favor its repeal. There is 
 a penalty for making false declaration of the amount of 
 personal property, but the offense is so difficult to prove 
 that practically no one is ever tried and punished for it. 
 
 Tax Dodging. — Tax dodging has many meanings. It 
 may mean simply concealment of personalty, but it is 
 more frequently applied to the system used by certain 
 people who, though really living in one place where the 
 taxes happen to be high, make their legal residence in a 
 place where they are low. This enables them to pay a 
 low assessment on their personalty. Tax dodging of this 
 sort is most common in New York City. A recently 
 proposed law has made personalty taxable where it is 
 located, and not where the owner resides. It is hoped 
 that this will stop tax dodging to a certain extent. 
 
 Difference in Tax Rates — Tax rate is the term applied 
 to the percentage which a property owner has to pay in 
 
LOCAL TAXATION. 
 
 115 
 
 taxes. Thus if the tax rate is 0.014, the property owner 
 will have to pay at the rate of $1.40 on a hundred dollars 
 worth of property, or $14 on a thousand dollars worth. 
 In the city, where the property owner has much more 
 done for him by the government than in the town, taxes 
 are usually much higher. The State tax is, of course, the 
 same over the whole State, the county tax is the same 
 over the whole county, but the rates for different counties 
 differ. What is true of the counties is true of the towns, 
 cities, and villages. Thus in different parts of the State 
 the tax rates vary. It may be at the rate of $24 on a 
 thousand in a city and only $14 on a thousand in a town. 
 This leads some localities to feel that they are being un- 
 fairly treated, but further consideration will show that 
 the difference is due not so much to what the State and 
 county impose as to what the town or city or village 
 imposes in the way of taxes. 
 
 Should Everybody Pay a Direct Tax? — We have al- 
 ready seen that we all pay taxes directly or indirectly. 
 Governments under tyrants always favored indirect taxes 
 because the people did not realize that they were paying 
 them, and were kept contented. In democracies there is 
 no occasion for keeping indirect taxes for such a reason. 
 When every man shares in the government, he should 
 understand it in all its workings. He should know from 
 the very start that the needs which the government sup- 
 plies cost money. Anything which tends to obscure that 
 fact should be done away with as much as possible. 
 Some think that the only way to make everybody realize 
 that he pays to support the government is by means of 
 direct taxes. Those who have to pay money directly to 
 
ii6 THE GOVERNMENT OF NEW YORK. 
 
 the government are far more likely to be thoroughly in- 
 terested in seeing it economically and well run. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. What reasons can you give for exempting from taxation the 
 
 various kinds of property mentioned in this chapter ? 
 
 2. Get facts concerning the prevailing practice of valuing prop- 
 
 erty in your own and neighboring localities. 
 
 3. If a man's property is valued at $1,000, when it should be 
 
 $2,000, does he pay his fair share of the county tax ? Can 
 the county board correct the matter ? 
 
 4. Do the equalized valuations fixed by your county board seem 
 
 reasonable ? 
 
 5. What was the amount of State tax paid by your county last 
 
 year ? The amount of county tax ? Make a calculation 
 showing how the amount of State and county tax due from 
 your local government was determined. 
 
 6. Your local treasurer will give the necessary data from which 
 
 you may calculate the rate of taxation. Calculate the taxes 
 upon property that is worth $6,000. 
 
 7. State reasons why the tax rate varies in different towns ; in 
 
 adjoining counties. 
 
 8. From what sources does money come into your local treasury ? 
 
 9. For what purposes was money expended in each case ? These 
 
 facts may be found in the last reports of the local and 
 county treasurers. 
 
 10. Find out the difference between "direct" and "indirect" 
 
 taxes. Does New York State impose any indirect taxes ? 
 Does the Federal Government ? Give some examples of in- 
 direct taxes. Who pays them? 
 
CHAPTER XII 
 
 STATE FINANCE 
 
 Definition of State Finance. — In general State finance 
 may be said to refer to the receipt and expenditure of 
 money for State purposes. In a way this also includes 
 the raising of taxes, but as the method of raising Stale 
 taxes also involves the raising of county, town, city, and 
 village taxes, we treated them all in a separate chapter 
 on taxation. 
 
 Income of the State. — The State property tax forms a 
 very small portion of the income of the State, but there 
 are other sources of income, such as the excise, inheri- 
 tance, and corporation taxes. In addition to all these, the 
 State has the income from funds which were invested 
 many years ago to yield interest to be devoted to certain 
 purposes. Some of these funds are known as the Com- 
 mon School Fund and Literature Fund. The total in- 
 come of the State amounts to over twenty-five millions 
 a year. Of this a little over a million is derived from 
 funds and miscellaneous sources, and the rest comes from 
 taxes. In taxes the State gets less than a million from 
 the general property tax, about nine millions from the 
 excise, five millions from the inheritance, seven millions 
 from corporations, and the rest from miscellaneous fees, 
 
 fines, etc. 
 
 117 
 
ii8 THE GOVERNMENT OF NEW YORK. 
 
 The State Treasurer. — The State Treasurer is the cus- 
 todian of the income of the State. He keeps account of 
 all moneys paid into the State treasury, or paid out of it. 
 For the purposes of bookkeeping, the moneys in the treas- 
 ury are divided into funds. There is the general fund 
 which is to be used for general expenses, the school fund 
 to be used for the schools, the canal fund for the canals, 
 and many others. When any money is received or paid 
 out it is put down as being received by, or paid from, 
 some particular fund. Of all his transactions he keeps 
 an accurate account and presents an annual report to the 
 Legislature. 
 
 The State Comptroller — The 1 reasurer cannot pay out 
 any money from the treasury without an order or war- 
 rant. This order comes from the State Comptroller. 
 He, in his turn, cannot order money paid out unless the 
 Legislature has appropriated it for the purpose for which 
 it is to be paid. The Comptroller, like the Treasurer, has, 
 therefore, to keep very careful accounts. It is his busi- 
 ness to audit the accounts of all departments of State Gov- 
 ernment, to invest State moneys, and to take charge of 
 the securities representing the investments. 
 
 The Budget. — In addition to the above duties of the 
 Comptroller, it is his business to make every year an esti- 
 mate of the expenses of the State Government. This 
 he does by reference to the expenses of past years. In 
 connection with this itemized statement of expenses, he 
 sets down the estimated amounts of revenue which it 
 is probable are to be derived from various sources in 
 the coming year. The document so prepared is popu- 
 
STATE FINANCE. 119 
 
 larly known as the " budget." It is presented to the 
 Legislature for action. That body may increase or 
 diminish the amount of any item called for in the expense 
 estimate, or may insert new items, and whatever amount 
 it passes is known as the appropriation for the account 
 for which it is specified. If the amounts to be derived 
 from the sources of revenue are not sufficient, the Leg- 
 islature must devise new methods of taxation, or the 
 amount to be derived from the general property tax must 
 be increased. This will increase the State tax rate, and 
 that is something the Legislature does not like to do, 
 because it creates much objection from the property 
 owners. 
 
 Expenditures. — The various departments of the State 
 government need large appropriations of money. The 
 salaries of the legislators and their clerks, the printing 
 of the legislative proceedings and miscellaneous charges 
 involve an expenditure of nearly one million for the 
 legislative department. The salaries of the Governor and 
 of various other executive officials and commissions in- 
 volve an expenditure of about the same amount. The 
 salaries of judges, court clerks, and others in connection 
 with the Court of Appeals, the Supreme Court, and the 
 Court of Claims makes the department of justice cost 
 about one million. About five millions and a half are 
 expended for public education, eight millions for chari- 
 ties and corrections, six and a half millions for the depart- 
 ments of health, agriculture, labor, and insurance, the 
 militia, the forest and game commission, and a long list 
 of others. In addition, there is about a million spent 
 for miscellaneous items. All of these expenditures are 
 
120 THE GO\'ERNMENT OF NEW YORK. 
 
 for the benefit, directly or indirectly, of all the citizens, 
 and are properly borne by them. 
 
 Debts. — It is a good rule which says that no individual, 
 corporation, or State should spend more than it receives. 
 In the history of all of them, however, there are times 
 when this rule must be broken. Certain extraordinary 
 occasions arise, such as the outbreak of a war, or the 
 construction of some great public work like the Erie 
 Canal, which make it necessary to incur expenses for 
 which the ordinary funds are not sufficient. Great sums 
 of money have to be borrowed. This starts the State 
 debt. Bonds are issued for the money borrowed, and 
 interest must be paid on them until they are redeemed. 
 Not only the citizens who are living at the time that the 
 debt is contracted have to bear the burden of the debt, 
 but also future generations of citizens. This is no more 
 than fair, however, for those future generations are fre- 
 quently far more benefited by the results of a war, or the 
 building of some great work than are those who live at 
 the time that the debt is contracted. 
 
 Restrictions on the Legislature. — The decision as to 
 whether a debt should be incurred used to be left to the 
 Legislature, but this was found to be unsafe. Legisla-- 
 tures have usually shown themselves to be rather extrava- 
 gant bodies. We saw that the State Constitution had 
 been so changed as to make it necessary for three-fifths 
 of all the members elected to each house to be present 
 when an appropriation bill was passed, and that to pass 
 an appropriation for private or local purposes it is neces- 
 sary to have a two-thirds majority of all members elected 
 
STATE FINANCE. 121 
 
 to each house. It has also been found necessary to place 
 in the Constitution certain further restrictions on the 
 power of the Legislature over the people's money. It 
 may, of course, not lend the public money to any indi- 
 vidual or corporation. It may not contract debts to meet 
 current expenses to an amount exceeding one million 
 dollars, except in time of invasion, insurrection, or war. 
 The money arising from loans creating such a debt shall 
 be applied only to the purpose for which it was raised, 
 or to repay the debt. Except the debts specified above, 
 the Legislature may contract no other extraordinary debt 
 unless authorized by law for a specified object, and not 
 until the law so passed is submitted to the people and 
 approved by them. 
 
 'Sinking Fund. — The State Constitution also declares 
 that a law which provides for the contraction of an ex- 
 traordinary debt shall also make provision for the pay- 
 ment of it. The debt cannot be contracted for a longer 
 period than eighteen years, and the law must provide for 
 a direct annual tax to pay the interest and also the prin- 
 cipal when it falls . due. This is known as a " sinking 
 fund," because every year a certain amount is laid aside, 
 and at the end of the period when the debt is due all of 
 the yearly amounts added together just make up the 
 amount of the debt. By the State Constitution these 
 sinking funds must be kept separate from other funds 
 under the control of the State. 
 
 Present State Debt The present debt of the State is 
 
 about nine and one-half millions. Of this about half a 
 million has been contracted for the National Guard, over 
 
122 THE GOVERNMENT OF NEW YORK. 
 
 a half of a million for the Adirondack Park, and eight and 
 one-half millions for the Erie Canal and its branches. 
 The people have recently authorized the contraction of a 
 debt of one hundred and one millions for making over 
 the Erie Canal into a " Thousand-Ton Barge Canal." 
 
 History of State Finance. — The financial history of 
 New York State has not always been marked by prudence 
 either in the making of appropriations or in the contrac- 
 tion of debts. The Legislature frequently, and even the 
 people at times, have shown themselves careless in these 
 matters. Preceding the Civil War the expenditures were 
 very heavy, and during the war they increased enor- 
 mously. After the war a period of great political corrup- 
 tion in the State kept expenditures on the increase when 
 they should have been decreasing. In recent years the 
 expenditures have been kept down considerably, though 
 there is an ever-growing tendency to spend more and more 
 money. 
 
 Good Qualities of Our State Finance. — New York State, 
 however, probably stands higher than other States in the 
 Union in the management of its finances. If at times it 
 has managed badly, the others have done worse. It was 
 from New York State that the National government bor- 
 rowed the banking system now the foundation of our 
 National banks. Our system of State banks has been 
 the model for other States to follow. 
 
 Faults of Our Financial System Provisions in the 
 
 State Constitution have gone far toward making it im- 
 possible for the Legislature to do harm, but there are 
 still some faults. In New York City we saw that the 
 
STATE FINANCE. 123 
 
 Board of Aldermen could not add, or increase, items in 
 appropriations asked for by the Board of Estimate and 
 Apportionment. No such prohibition exists in the State 
 Constitution against the Legislature. As a result that 
 body sometimes votes to incur expenditures for which 
 there is only doubtful need. 
 
 Should State Expenditures be High? — When we con- 
 sider that it is our local governments, such as the county, 
 town, city, and village, which do most for our immediate 
 comfort, there seems to be little reason for the expeilditure 
 of enormous sums by the State. It has its functions, but 
 there is a growing feeling that the local units should 
 attend to local needs, and that one locality should not 
 be called upon, through the State government, for taxes 
 to bear the burdens of some less enterprising community. 
 
 Extravagance. — There is little doubt but that extrava- 
 gance is the rule. When expenditures exceed the rev- 
 enues, few are those legislators or officials who stand up 
 for a reduction of expenses. Almost all of them seek for 
 new methods of raising revenue, thus increasing, directly 
 or indirectly, the taxes which every citizen must pay. 
 
 Causes. — The responsibility for this extravagance rests 
 largely on the shoulders of the voters. It is in their power 
 to stop it at any time. As we saw above, many of them 
 do not realize that everybody in the State is afifected by 
 taxation and that any increase in it due to extravagance 
 falls on all. Other groups of citizens are making con- 
 stant demands on the State government. If any need 
 arises their first cry is to get the State to attend to it. 
 
124 THE GOVERNMENT OF NEW YORK. 
 
 Remedies. — The remedy here, as in the case of all our 
 other faults, is the education of all to be intelligent voters. 
 When that is accomplished, eternal vigilance on their 
 part is necessary to see that their legislators and officials 
 'are good men and do their duty. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Find in the latest Legislative Manual the report of the State 
 
 finances and compare the items with those given in this 
 chapter. 
 
 2. What was the amount of the State tax levied in your county 
 
 last year ? Can you find out the amount paid by your local 
 government ? 
 
 3. What justification can you find for an inheritance tax ? 
 
CHAPTER XIII. 
 
 EDUCATION. 
 
 History of Education in New York State As com- 
 pared with some of the other States of the Union, New 
 York has at times lagged behind in matters of education. 
 The early Dutch settlers encouraged it, but when the 
 English came into control it was allowed to languish. In 
 1754, however, King's College, now Columbia Univer- 
 sity, was established in New York City. In 1784 the 
 State Legislature established a corporation, known as the 
 Regents of the University of the State of New York, to 
 exercise a supervisory control over colleges and secondary 
 schools in the State, but it was given nothing to do in con- 
 nection with the lower schools. The Regents did such 
 important work for education in the State that in the last 
 State Constitution a provision was made for their continu- 
 ance under the name of the University of the State of 
 New York, with not less than nine Regents. Nothing 
 was done for the lower or common schools by the State 
 until 1795. In that year and subsequently appropria- 
 tions were made by the Legislature to assist the counties 
 in the maintenance of schools. The State gradually took 
 more and more interest in lower schools until in 1844 a 
 Normal School was established at Albany for the train- 
 ing of teachers, and in 1854 the office of State Superin- 
 tendent of Public Instruction was established, and he was 
 
126 THE GOVERNMENT OF NEW YORK. 
 
 given general charge over the common schools of the 
 State. It was not until 1867, however, that the schools 
 were made free, and now by a clause in the State Consti- 
 tution it is made the duty of the Legislature to provide 
 for free common schools in which all children of the State 
 may be educated. 
 
 Recent Legislation. — There were thus really two edu- 
 cational departments in the State, each one independent 
 of the other : ( i ) One under the control of the Board of 
 Regents, having supervision over colleges, academies, 
 high schools, and other educational institutions above the 
 rank of the common schools; (2) the other under the 
 control of the State Superintendent of Public Instruc- 
 tion, having supervision over the common schools and 
 the training schools for teachers. There was one line of 
 connection between the departments — the State Superin- 
 tendent of Public Instruction was a member of the Board 
 of Regents. Endless conflict between the two depart- 
 ments finally led the State Legislature in 1904 to pass 
 a law considerably modifying the duties of supervision 
 of the two departments, but scarcely changing the details 
 of the educational system. The offices of State Super- 
 intendent of Public Instruction and of Secretary of the 
 Board of Regents were abolished and their powers and 
 duties given to a new officer — the State Commissioner 
 of Education. 
 
 State Department of Education. ^^ The State Depart- 
 ment of Education comprises at present, then, three chief 
 features: the University of the State of New York, the 
 Board of Regents, and the State Commissioner of Edu- 
 cation. 
 
EDUCATION. 127 
 
 University of the State of New York.— The University 
 of the State of New York is not a university in the 
 ordinary sense of that word. It has no buildings of its 
 own, no apparatus, no teachers. It is a corporation, con- 
 sisting of a federation of a large number of the higher 
 educational institutions in the State. Over these the 
 " University " exercises a supervisory control. In exer- 
 cising this control the University is represented by a 
 Board of Regents. 
 
 Board of Regents.— As now organized the Board of 
 Regents consists of eleven members, chosen for terms of 
 eleven years by the Legislature. One member goes out 
 each year, and either he himself or a new man is elected 
 by the Legislature to fill the vacant place. As far as pos- 
 sible, members are chosen, to give representation on the 
 Board to each judicial district in the State. The execu- 
 tive and financial officer of the Board is the State Com- 
 missioner of Education. 
 
 State Commissioner of Education. — The State Commis- 
 sioner of Education is chosen by the Board of Regents 
 and holds office at their pleasure. As in his office are 
 combined the powers and duties of the Superintendent of 
 Public Instruction and of the Secretary of the Board of 
 Regents, he practically has control of all educational mat- 
 ters in the State. For purposes of management and 
 supervision he has the power to create such departments 
 as he thinks necessary, and to appoint deputies and heads 
 of such departments, subject to the approval of the Board 
 of Regents. 
 
 Assistant Commissioners and Other Officers. — Under 
 
128 -^ THE GOVERNMENT OF NEW YORK. 
 
 these provisions three assistant commissioners have been 
 appointed : ( i ) One to take charge of the department of 
 colleges, professional and- technical schools; (2) another 
 to take charge of the department of high schools; (3) 
 and a third to take charge of the department of elementary 
 or common schools. There is a director of the State 
 Museum and of the science work, another in charge of 
 libraries and home education, and several other officers 
 in charge of special divisions of educational work. 
 
 Powers and Duties of the Board of Regents The Board 
 
 has power to grant charters of incorporation to colleges, 
 universities, academies, professional and technical schools, 
 libraries (other than public school libraries), and mu- 
 seums ; to exercise supervision over such educational insti- 
 tutions as form a part of the University of the State of 
 New York; to inspect them, and to distribute to them 
 funds granted by the State for their use; to establish 
 examinations as to attainments in learning, and confer 
 on successful candidates suitable certificates, diplomas, 
 and degrees. 
 
 Powers and Duties of the State Commissioner.— Besides 
 
 acting as the executive and financial officer of the Board 
 of Regents in carrying out its special powers and duties, 
 the State Commissioner of Education exercises special 
 powers in connection with the common and secondary 
 schools. He directs the course of study, prepares exam- 
 inations for teachers, settles disputes about the interpreta- 
 tion of laws affecting the schools, and sees to the enforce- 
 ment of the compulsory education law. He must make 
 an annual report of the State Department of Education 
 to the Legislature. 
 
EDUCATION. ^ 129 
 
 Common School Districts — For the purposes of school 
 administration the State is divided into districts, known 
 as school districts. In each of these there is maintained 
 a free common school. 
 
 School Meetings. — In each district there is held every 
 year a meeting of the voters in the district. Only those 
 adults, men or women, who own or rent lands in the 
 district subject to taxation, or pay taxes on personal 
 property of the value of fifty dollars or above, or control 
 children who have attended the district school for eight 
 weeks previous to the meeting, have the right to vote. 
 At these meetings the voters generally elect three trustees, 
 a clerk, a collector, and a treasurer. The voters also have 
 the power to fix the site of the schoolhouse, and to vote 
 a tax on the property of the district for the building and 
 maintenance of the school. In addition to this money, 
 there is money given to each district by the State. 
 
 School Trustees. — The School Trustees must be quali- 
 fied voters of the school district, and must be able to read 
 and write. When there are three in a district they hold 
 office for three years, one retiring and a new one being 
 elected each year. They are the executive officers of the 
 district. They call special meetings of the voters ; attend 
 to the purchase of lands for schools; make out tax lists 
 for those in the district who have to pay taxes for school 
 purposes; employ teachers; make rules for the govern- 
 ment and discipline of the school; prescribe the course 
 of study; make requisitions on the town supervisor for 
 money due from the State, and on the collector for money 
 due frorh the district. They are subject to the rules and 
 
130 THE GOVERNMENT OF NEW YORK. 
 
 regulations laid down by the State Commissioner of 
 Education. 
 
 School Commissioner and His District. — Over a certain 
 number or group of school districts in the county is placed 
 a School Commissioner. The territory over which he 
 has control is known as the School Commissioner's Dis- 
 trict. This may comprise the whole county or only a 
 portion of it. The Board of Supervisors of the county 
 have charge of marking out the districts. The School 
 Commissioner is chosen for a term of three years by the 
 voters of his district, women being eligible to the office. 
 The State pays him a salary of $1,000, but this may 
 be increased by the Board of Supervisors of the county. 
 The powers and duties of the Commissioner over his dis- 
 trict are much the same as those of the School Trustees 
 over their districts. He has the power to change the 
 boundaries of the school districts within his district, to 
 examine and license teachers, to condemn school build- 
 ings as unfit, and it is his duty to visit the schools in his 
 district, to see that they are properly managed, and to 
 do all in his power to promote their best interests. He 
 is subject to the control of the State Commissioner of 
 Education. 
 
 Union School Districts — Besides the school district, 
 and the School Commissioner's district, there is another 
 district made possible by statute. This is known as the 
 Union School District. One or two or more adjoining 
 school districts may form a union district and establish 
 a union school. In such a case the ordinary officers of 
 the school district cease to exist, and their place is taken 
 
EDUCATION. 131 
 
 by a board of education, consisting of from three to nine 
 members, elected by the voters of the union district. 
 This board exercises the ordinary powers of the School 
 Trustees, but it has power in addition to establish a high 
 school department, and if the union district has five 
 thousand or more inhabitants it may elect" a superin- 
 tendent. 
 
 City Schools. — The schools in cities do not come so 
 directly under the control of the State Department of 
 Education as do the schools in other districts of the State. 
 In cities special provision is made for schools in the city 
 charters. They are placed under a board of education 
 appointed by the Mayor, or elected by the qualified voters. 
 This board is responsible to the State Commissioner, and 
 must make such reports to him as the laws require. It 
 elects the Superintendent of Schools, who has general 
 supervision over the teachers and the schools. Sometimes 
 this officer is elected directly by the people. 
 
 Normal Schools. — The State very early found it neces- 
 sary to provide schools wherein teachers might be trained. 
 These are known as Normal Schools. There are twelve 
 of them in different localities in the State. They are 
 under the control of a local board of managers appointed 
 by the State Commissioner, whose approval is necessary 
 of any rule or course of study which the managers may 
 make. Training for teachers is also given in academies 
 in so-called " teachers' classes," and by " teachers' insti- 
 tutes " under the direction of School Commissioners. In 
 New York City there are training schools for teachers 
 under the Board of Education, and a Normal College 
 nnder a Board of Trustees. 
 
T^2 THE GOVERNMENT OF NEW YORK. 
 
 Special Schools. — Schools for Indians, and schools for 
 deaf, dumb, and blind are under the State Commissioner, 
 who makes provision for their inspection and supervision. 
 
 Teachers' Licenses. — Every person who desires to teach 
 in the schools of the State must have a license or certifi- 
 cate. These are of various grades, and are issued as the 
 result of examinations given by the State Department of 
 Education, or by reason of graduation from some college 
 or teachers' training school. In many cities. New York, 
 for example, the Board of Education has its own system 
 of examinations and licenses and a special license must 
 be obtained in order to teach in the city. 
 
 Compulsory Attendance Law The State has not only 
 
 provided for the education of its citizens, and for the 
 thorough training of teachers, but it has gone further, 
 and declared that all children between certain ages must 
 go to school. Every child between eight and fourteen 
 years of age, who is physically and mentally fit, must 
 attend school regularly or receive private instruction of 
 equivalent value. Children between the ages of fourteen 
 and sixteen must go to school, but are permitted to go to 
 work provided they have had one hundred and thirty days 
 schooling since they were thirteen years of age. Permits 
 are granted by the health officers. Anyone employing a 
 child without such a permit is subject to prosecution and 
 fine. To see that the attendance law is carried out, certain 
 officers, called attendance or truant officers, are appointed 
 in each locality. They may arrest truants without war- 
 rant. Parents failing to see that their children attend 
 school according to law are subject to fine. Localities 
 
EDUCATION. 133 
 
 which fail to see that the law is enforced may have their 
 portion of school moneys from the State withheld by the 
 State Commissioner, and the local officer who wilfully 
 neglects its enforcement is liable to removal. 
 
 State Aid for Education — Besides the money raised for 
 education in the local district, the State distributes certain 
 sums of money from general taxes and also from certain 
 funds invested many years ago, the income from which 
 is devoted to education. The apportionment of these 
 moneys is in the control of the State Commissioner, who 
 plans to make the distribution as fair as possible by bas- 
 ing it on certain statistics which he receives from the 
 various schools. 
 
 Private Educational Institutions. — Outside of the State 
 system of education there are numerous private and pa- 
 rochial schools and denominational colleges. These do 
 not receive State aid. The Constitution prohibits the 
 giving of any State money to any educational institution 
 wholly or partly under the control of any religious de- 
 nomination, or in which any denominational tenet or 
 doctrine is taught. 
 
 Excellence of the New York System. — The centraliza- 
 tion of the power over the schools in the hands of one 
 man has many advantages. It keeps the education uni- 
 form throughout the State, and prevents certain localities 
 from neglecting the education of children by getting in- 
 ferior teachers. The liberal distribution of money by the 
 State has served as an incentive to all the schools to make 
 their work of a high order. 
 
134 THE GOVERNMENT OF NEW YORK. 
 
 Faults of the System. — There is a possibility of over- 
 doing the uniformity. The educational officers are likely 
 to wish to see every teacher teaching in the same way 
 and teaching the same things at the same time. There 
 is danger of having the whole educational system of the 
 State become nothing more than a huge machine. If we 
 are not careful, our system may come to be like the one 
 which France is said to have had. The story is told that 
 the Minister of Public Instruction in that country had 
 the system worked out so nicely that he could tell what 
 was being taught in every class of every grade at any 
 hour and any minute, throughout the length and breadth 
 of France. Teaching cannot be carried on like manu- 
 facturing. A great deal must be left to the teacher. A 
 system which will provide good teachers for us is the 
 one we want. We do not want one which is so uniform 
 in character that the teachers think more of the ma- 
 chinery than they do of the teaching. 
 
 Examinations — There is a tendency in the State and 
 in the cities to put too much stress on having the pupils 
 pass uniform examinations. This system is one which 
 is carried to excess in England and in Canada. It has 
 some advantages. It keeps a poor teacher up to a certain 
 standard of work. It has many disadvantages. It makes 
 the school a mere machine for preparing pupils for exam- 
 inations. Every energy is bent to passing them. Good 
 teaching is not done. It becomes mere cramming. The 
 good teacher is brought down to the level of the poorest, 
 and the poorest is raised but slightly. 
 
 One-man Power. — Foreign observers have noted it as 
 a fact that in our democratic country the educational 
 
EDUCATION. 
 
 135 
 
 system is run on a more autocratic basis than would be 
 possible in the monarchical countries of Europe. Ameri- 
 cans have found that in order to get things done properly 
 it is necessary to choose some one man to do them, and 
 then tell him to go ahead. This certainly accomplishes 
 the desired end, but if it is carried too far it is danger- 
 ous. A man endowed with too much power is inclined 
 to crush his subordinates. Unless the latter are given 
 the privilege of making known their complaints and their 
 grievances without being in fear of dismissal or of losing 
 promotion, the system is at fault. The complaints of 
 subordinates in this branch of the public service, as in 
 all other branches, frequently uncover a great deal of 
 corruption and incompetence among higher officials. 
 Any system which tends to check such complaints tends 
 to perpetuate a bad administration when it once gets con- 
 trol of public afifairs. 
 
 Politics in the Schools. — An evil which has prevailed 
 in the past more than it does at present has been that of 
 making the appointment of teachers, principals, and super- 
 intendents depend upon political influence. In New York 
 City, where the evil was once at its worst, it has been 
 almost completely killed by the establishment of " eligible 
 lists." These are lists of candidates, successful in pass- 
 ing the examinations set for teachers or principals, ranked 
 according to the percentage which they attained. When 
 a vacancy occurs it is filled by selecting a candidate from 
 among those near the head of the list. This system has 
 its faults, but it is probably the best devised as yet. Some 
 other districts in the State are not so well served as New 
 York City. 
 
136 THE GOVERNMENT OF NEW YORK. 
 
 Shall School Officials be Elected or Appointed ? — Whether 
 school officials in the State, such as commissioners, super- 
 intendents, and boards of education, should be appointed 
 or elected is one of the most vital questions of the day. 
 There is strong support for both sides of the question. 
 Few deny, however, that the school system, in the neces- 
 sity for being kept clear from politics, is more nearly like 
 the judiciary than any other department of government. 
 In the case of the judiciary, we saw that a judge attended 
 to his duties better if he were not under the necessity of 
 trying to get reelected at short intervals. It is a ques- 
 tion if the same does not hold true of school officials. In 
 districts where the population is small the system of elec- 
 tion may not be considered an evil, nevertheless the 
 temptation to reward political supporters or their friends 
 must always be great. In the large cities appointed 
 boards of education seem to work better on the whole 
 than where such boards are elected. The average voter 
 in the cities does not seem to be able to distinguish be- 
 tween the sort of man whom he ought to choose for an 
 educational officer and the one whom he chooses for his 
 district leader. Even if he were able to do so, the very 
 necessity of an educational officer running for office at 
 all on a political party ticket draws the schools into 
 politics more than could possibly be the case when such 
 an officer is put into office by appointment. 
 
 The "District" Evil — In providing for the selection 
 of a State Commissioner of Education the Legislature 
 very wisely enacted that a man not a resident of the State 
 might be chosen to the office. That same principle should 
 hold true of all educational offices from the lowest grade 
 
EDUCATION. 137 
 
 teacher to the highest official. Unfortunately it does not. 
 The policy of getting " home talent " in preference to 
 " outsiders " is responsible for a good deal of poor work 
 in our educational department. It is an evil which is not 
 confined to New York State, however, but it is one which 
 we should do well to take the lead in stamping out as 
 much as possible. The mental ability of no two people 
 is the same, and in matters of education, at least, we 
 should always try to get the best person procurable, 
 whether from some other district than our own within 
 the State, or from some other State. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Make a study of the way in which the school system of your 
 
 home is maintained and governed : (a) Is there a school 
 meeting ? (b) Who are the school officers ? How do they 
 get their positions, and for what terms ? (c) How are the 
 teachers selected? (d) Who votes the school taxes? How 
 much was raised last year? (e) How much State aid was 
 received ? (f) How is the supervision of the schools pro- 
 vided for? 
 
 2. What recommendations were made by the school commis- 
 
 sioner or superintendent in charge of your district in his 
 last report ? 
 
 3. Is the law regarding compulsory education enforced in your 
 
 locality? Get a copy of the work certificate from the 
 health officer and follow the steps that must be taken be- 
 fore an employer is allowed to give employment to a boy 
 under sixteen. 
 
 4. Make a list of the sources from which the State receives 
 
 money for the State Department of Education. (See the 
 Legislative Manual.) 
 
 5. Subject for debate: Should school officials, such as commis- 
 
 sioners, superintendents and boards of education, be elected 
 or appointed ? 
 
CHAPTER XIV. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 Power of the People. — It is proper that the closing 
 chapter should be devoted to the consideration of how 
 the State Government may be changed. The State must 
 have a repubHcan form of government and is prohibited 
 from doing certain things specified in the Federal Con- 
 stitution. Outside of these restrictions, the people of 
 New York State can do what they please with their gov- 
 ernment. They can at their pleasure change its whole 
 machinery so completely that the future working of it 
 would be almost entirely different from that which it is 
 to-day. These changes they may make through their 
 representatives in the Senate and Assembly by means of 
 amendments to the Constitution, or through a Constitu- 
 tional Convention the delegates to which are elected by 
 the voters for the especial purpose of changing the Con- 
 stitution. 
 
 Amendments. — Amendments may be proposed in the 
 Senate and Assembly. If they are agreed to by a ma- 
 jority of the members elected to each house they are to 
 be referred to the Legislature to be chosen at the next 
 general election of Senators. Three months before such 
 an election takes place, however, the proposed amendment 
 or amendments must be published, so that the voters may 
 
 138 
 
AMENDMENTS TO THE CONSTITUTION. 139 
 
 know what they are. If the Legislature then chosen 
 approves of the amendments by a majority of those 
 elected to each house, it must then submit them to the 
 people for approval. If a majority of the voters approve 
 of them, they become a part of the Constitution on the 
 first day of January following such approval. 
 
 Constitutional Convention — The Constitution provides 
 that at the general election to be held in the year 1916 
 and in every twentieth year thereafter, or at any other 
 time that the Legislature may provide by law, the ques- 
 tion shall be put to the voters : " Shall there be a conven- 
 tion to revise the Constitution and amend the same?" 
 If a majority of the voters decide in favor of it, three 
 delegates are chosen from each Senate District at the 
 election in the year following and also fifteen delegates- 
 at-large. These form the Convention. Any constitu- 
 tion or constitutional amendment approved by a majority 
 of the members elected to the Convention must be sub- 
 mitted to the people not less than six weeks after the 
 Convention has finished its work and adjourned. If the 
 majority of the voters approve of the changes, then the 
 new or amended Constitution goes into effect on the first 
 day of January following its approval by the voters. 
 
 Character of the Constitutional Convention — The dele- 
 gates chosen to the last Constitutional Convention in this 
 State, held in 1894, were among the most capable men 
 in the State. However careless the voters may some- 
 times show themselves in electing members of the Legis- 
 lature, when it comes to the Constitutional Convention 
 they choose the best. The Constitution is a document 
 
140 
 
 THE GOVERNMENT OF NEW YORK. 
 
 that they do not care to have tampered with by any in- 
 ferior men. 
 
 Interest in Conventions. — The general pubHc att'd the 
 newspapers manifest the greatest interest in the Conven- 
 tion, far more than is shown in the proceedings of the 
 Legislature. Perhaps, if the same interest were shown 
 in the latter as in the former body, our legislative enact- 
 ment would be of a higher order, and the men chosen 
 to the Legislature would compare more favorably than 
 they do now with the men chosen to the Convention. 
 The Convention, however, only comes at great intervals. 
 It is possible to awaken greater interest in it for that 
 reason. The voters do not seem to be able to keep up 
 their interest in a body which, like the Legislature, meets 
 every year. 
 
 History of Amendments — Since 1894 there have been 
 no amendments to the Constitution. Preceding that date, 
 of the many amendments submitted for approval the peo- 
 ple accepted a very large number and rejected only a few. 
 In 1869 they rejected an amendment relating to assess- 
 ments, in 1873 they rejected by overwhelming majorities 
 amendments making the judges of the higher and of many 
 of the lower courts appointive, and in 1892 they rejected 
 amendments relating to the powers of the two houses of 
 the Legislature, the election of additional judges to the 
 Supreme Court, and a third relating to certain Salt 
 Springs. Many amendments, however, have been pro- 
 posed in the Legislature which have never been sub- 
 mitted to the people because they have not received the 
 requisite number of votes in the two houses. The large 
 
AMENDMENTS TO THE CONSTITUTION. 141 
 
 number of amendments accepted and the few rejected 
 by the people go to show that the Legislature is very 
 careful of the sort of amendments it submits to the voters 
 rather than that the people are careless in their considera- 
 tion of them. 
 
 History of Conventions. — The people, as we have seen 
 earlier, have never shown themselves opposed to increas- 
 ing the length of the Constitution. They have always 
 accepted the proposals for conventions and have with one 
 exception approved of the constitutions or amendments 
 proposed by them. In 1869, however, they rejected the 
 Constitution as amended by the Convention called in 1866, 
 and accepted only two of the amendments proposed. 
 
 SUGGESTIVE QUESTIONS. 
 
 1. Why should a proposed amendment be printed for three 
 
 months preceding the general election following its first 
 adoption by the Legislature? 
 
 2. What reasons can you give for the requirement that an amend- 
 
 ment shall be adopted by two Legislatures? 
 
 3. Why is it made more difficult to make an amendment to the 
 
 Constitution than it is to pass a law? 
 
 4. Compare the method of amending the Federal Constitution 
 
 with that of amending the State Constitution. 
 
 5. Give reasons for and against long constitutions. 
 
STATE AND LOCAL OFFICERS. 
 
 (In the order in which they appear in the text.) 
 
 Names. 
 
 Legislature, 
 
 Senator , 
 
 Assemblyman , 
 
 Executii'e. 
 Governor 
 
 Lieutenant Governor 
 
 Secretary of State 
 
 Comptroller 
 
 Treasurer 
 
 Attorney-General 
 
 State Engineer 
 
 Sup't of Public Works \ 
 
 Superintendent of Insurance. . . , 
 
 Superintendent of Banks , 
 
 Superintendent of Prisons 
 
 Commissioner of Health 
 
 Commissioner of Agriculture. . , , 
 Commissioner of Labor 
 
 Sup't of Weightsand Measures -j 
 
 Sup't of Public Buildings... ,' 
 
 Regents 
 
 Board of Charities 
 
 Lunacy Commissioners 
 
 Prison Commissioners 
 
 Railroad Commissioners 
 
 Port Wardens 
 
 Tax Commissioners. . . 
 
 Huarantine Commissioners .... 
 ivil Service Commissioners 
 
 Judiciary. 
 
 Judges of Court of Appeals 
 
 Supreme Court Justices 
 
 County Judge 
 
 Surrogate 
 
 Justice of the Peace 
 
 Judges of Gen. Sess., N. Y. C. . 
 fustices of City Court, N. Y. C, 
 Municipal C't Justices, N. Y.C.. 
 Court of Special Sess , N. Y. C. , 
 
 City Magistrates, N. Y. C , 
 
 Coroner 
 
 Judges of Court of Claims 
 
 County. 
 
 Super\-isor (see below) 
 
 Sheriff 
 
 Term of Office. 
 
 Salaries. 
 
 How Chosen. 
 
 2 years. 
 
 $i,Soo 1 ^• 
 1.500 ) w 
 
 By the people. 
 
 I year. 
 
 By the people. 
 
 2 years. 
 
 10,000 
 
 By the people. 
 
 2 years. 
 
 5,000 
 
 By the people. 
 
 2 years. 
 
 5,OGO 
 
 By the people. 
 
 2 years. 
 
 6,000 
 
 By the people. 
 
 2 years. 
 
 5,000 
 
 By the people. 
 
 2 years. 
 
 5,000 
 
 By the people. 
 
 2 years. 
 
 5,000 
 
 By the people. 
 
 Same as appoint- 
 
 
 
 
 
 
 3 years. 
 
 7,000 
 
 By Gov. and Sen. 
 
 3 years. 
 
 7,000 
 
 By Gov. and Sen. 
 
 5 years. 
 
 6,cxx> 
 
 By Gov. and Sen. 
 
 4 years. 
 
 3.500 
 
 By Gov. and Sen. 
 
 3 years. 
 
 4,000 
 
 By Gov. and Sen. 
 
 4 years. 
 
 3.500 
 
 By Gov. and Sen. 
 
 Pleasure of ap- 
 
 
 ( By Gov., Lt. Gov., and 
 1 Secretary of State, 
 i By Gov., Lt. Gov., and 
 ) Speaker of A ssem. 
 
 pointing power. 
 
 
 
 
 
 
 II years. 
 
 None. 
 
 By Legislature. 
 
 8 years. 
 
 Per day. 
 
 By Gov. and Sen. 
 
 6 years. 
 
 3.5oo-7t50o 
 Up to 4,000 
 
 By Gov. and Sen. 
 
 8 years. 
 
 By Gov. and Sen. 
 
 S years. 
 
 8,000 
 
 By Gov. and Sen. 
 
 3 years. 
 
 Fees. 
 
 By Gov. and Sen, 
 
 3 years. 
 
 5,000 
 
 By Gov. and Sen. 
 
 3 years. 
 
 2,500 
 
 By Gov. and Pen. 
 
 Indefinite. 
 
 3,000 
 
 By Gov. and Sen. 
 
 14 years. 
 
 13,700 
 
 By the people. 
 
 14 years. 
 
 7,200 
 
 By the people. 
 
 6 years. 
 
 J Fixed by 
 \ Legis, 
 
 By the people. 
 
 6 years. 
 
 Vanes. 
 
 By the people. 
 
 4 years. 
 
 Fees. 
 
 By the people. 
 
 14 years. 
 
 12,000 
 
 By the people. 
 
 10 years. 
 
 10,000 
 
 By the people. 
 
 10 years. 
 
 6,000 
 
 By the people. 
 
 10 years. 
 
 6,000-9,000 
 
 Appointed by Mayor. 
 
 10 years. 
 
 5,000-7,000 
 
 ( Appointed by Mayor. 
 ( Some elected. 
 
 3 years. 
 
 Fees. 
 
 Elected by people. 
 
 6 years. 
 
 5,000 
 
 By Gov. and Sen. 
 
 2 years. 
 
 Per day. 
 
 Elected by people. 
 
 3 years. 
 
 Fees. 
 
 Elected by people. 
 
 142 
 
STATE AND LOCAL OFFICERS. 
 STATE AND LOCAL OFFICERS (_ConHnued). 
 
 143 
 
 Names. 
 
 County {co?itinueci) . 
 
 County Clerk , 
 
 County Treasurer 
 
 District Attorney 
 
 Superintendents of Poor 
 
 School Commissioner 
 
 Town, 
 
 Supervisor 
 
 Town Clerk 
 
 Collector , 
 
 Assessors , 
 
 Commissioner of Highways , 
 
 Overseers of Poor , 
 
 Constables 
 
 Inspectors of Elections. , 
 
 Village. 
 
 Board of Trustees 
 
 Village President 
 
 Treasurer 
 
 Clerk 
 
 Assessors 
 
 Collector 
 
 Board of Health 
 
 Street Commissioner 
 
 Fire Commissioner 
 
 Water Commissioner 
 
 Light Commissioner 
 
 Police Justice 
 
 New York City. 
 
 Aldermen 
 
 President of Board of Aldermen 
 
 City Clerk 
 
 Borough Presidents 
 
 Mayor 
 
 Commissioners of Accounts .... 
 
 Civil Service Commissioners. . . . , 
 
 Corporation Counsel. , 
 
 Commissioner of Police 
 
 Commissioner of Water Supply. 
 
 Commissioner of Street Cleaning 
 
 Commissioner of Bridges 
 
 Commissioners of Parks 
 
 Commissioner of Charities 
 
 Commissioner of Correction 
 
 Fire Commissioner, , 
 
 Commissioner of Docks 
 
 Commissioners of Taxes , 
 
 Board of Education , 
 
 City Superintendent of Schools.. 
 
 Associate Superintendents 
 
 Superintendent of School B'ldgs , 
 Superintendent of Sch'l Supplies, 
 Supervisor of Lectures 
 
 Commissioner of Health 
 
 Tenement House Commissioner, 
 Comptroller 
 
 Term of Office. 
 
 Salaries. 
 
 How Chosen. 
 
 3 years. 
 
 Fees. 
 
 Elected by people. 
 
 3 years. 
 
 Varies. 
 
 Elected by people. 
 
 3 years. 
 
 Varies. 
 
 Elected by people. 
 
 3 years. 
 
 Varies. 
 
 Elected by people. 
 
 3 years. 
 
 1,000+ 
 
 Elected by people. 
 
 2 years. 
 
 Per day. 
 
 By the people. 
 
 2 years. 
 
 Fees. 
 
 By the people. 
 
 2 years. 
 
 Percentage. 
 
 By the people. 
 
 2 years. 
 
 Per day. 
 
 By the people. 
 
 2 years. 
 
 Per day. 
 
 By the people. 
 
 2 years. 
 
 Per day. 
 
 By the people. 
 
 2 years. 
 
 Fees. 
 
 By the people. 
 
 2 years. 
 
 Per day. 
 
 By the people. 
 
 2 years. 
 
 None. 
 
 By the people. 
 
 I year. 
 
 None. 
 
 By the people. 
 
 I year. 
 
 Varies. 
 
 By the people. 
 
 I year. 
 
 Varies. 
 
 By the people. 
 
 I year. 
 
 Per day. 
 
 By the people. 
 
 I year. 
 I year. 
 
 Percentage. 
 None. 
 
 By the people. 
 
 By the Trustees. 
 
 By the people. 
 
 z year. 
 
 Varies. 
 
 I year. 
 
 None. 
 
 By the people. 
 
 I year. 
 
 None, 
 
 By the people. 
 
 I year. 
 
 None. 
 
 By the people. 
 
 4 years. 
 
 Fees. 
 
 By the people. 
 
 2 years. 
 
 $1,000 
 
 By the people. 
 
 4 years. 
 
 5.000 
 
 By the people. 
 
 6 years. 
 
 7,000 
 
 By Board of Aldermen. 
 
 4 years. 
 
 5,000-7,500 
 
 By the people. 
 
 4 years. 
 
 i5»ooo 
 
 By the people. 
 
 j Pleasure of 
 ( Mayor. 
 
 5 J 000 
 
 By the Mayor. 
 
 3,000 
 
 By the Mayor. 
 
 ** 
 
 iSiOoo 
 
 By the Mayor. 
 
 5 years. 
 
 7»500 
 
 By the Mayor. 
 
 j Pleasure of 
 ( Mayor. 
 
 7.500 
 
 By the Mayor. 
 
 ** 
 
 7,500 
 
 By the Mayor. 
 
 " 
 
 7.500 
 
 By the Mayor. 
 
 " 
 
 5.000 
 
 By the Mayor. 
 
 " 
 
 7.500 
 
 By the Mayor. 
 
 " 
 
 7.500 
 
 By the Mayor. 
 
 " 
 
 7»50o 
 
 By the Mayor. 
 
 " 
 
 6,000 
 
 By the Mayor. 
 
 " 
 
 7,000-8,000 
 
 By the Mayor. 
 
 5 years. 
 
 None. 
 
 By the Mayor. 
 
 6 years. 
 
 8,000 
 
 By Board of Education. 
 
 6 years. 
 
 5. 500 
 
 By Board of Education. 
 
 6 years. 
 
 8,000 
 
 By Board of Education. 
 
 6 years. 
 
 4,000 
 
 By Board of Education. 
 
 6 years. 
 
 5»ooo 
 
 By Board of Educatiun. 
 
 ( Pleasure of 
 '\ Ma^or. 
 
 7.S00 
 
 By the Mayor. 
 
 7,500 
 
 By t*ie Mayor. 
 
 4 years. 
 
 15.000 
 
 By the people. 
 
144 
 
 THE GOVERNMENT OF NEW YORK. 
 
 STATE AND LOCAL OFFICERS (Concluded). 
 
 Names. 
 
 Term of Office. 
 
 Salaries. 
 
 How Chosen. 
 
 l/eiv York City {continued). 
 Chamberlain 
 
 Judges (see Judiciary) , 
 
 Superintendents of Buildings . . . . 
 
 Commissioners of Public Works. 
 
 Buffalo. 
 
 Councilmen 
 
 Aldermen 
 
 City Clerk 
 
 Mayor 
 
 Comptroller 
 
 Treasurer 
 
 Assessors 
 
 Corporation Counsel 
 
 Commissioner of Public Works. 
 City Superintendent of Schools. 
 
 Overseer of the Poor- 
 
 Police Commissioners 
 
 Commissioner of Health 
 
 Fire Commissioners 
 
 Park Commissioners 
 
 Examiners of Schools 
 
 Municipal Court Judges. 
 
 Police Justice 
 
 Justices of the Peace 
 
 Education. 
 
 State Commissioner 
 
 Pleasure of 
 
 Mayor. 
 
 Assistant Commissioners 
 
 School Trustees 
 
 Clerk 
 
 Collector. , 
 
 Treasurer , 
 
 School Commissioner .... 
 
 School Board 
 
 Superintendent 
 
 Convention. 
 
 Delegates , 
 
 I Pleasure of 
 ' Boro. President. 
 
 4 years. 
 2 years. 
 1 year. 
 4 years. 
 4 years. 
 4 years. 
 6 years. 
 4 years. 
 4 years. 
 4 years. 
 
 4 years. 
 6 years. 
 
 5 years. 
 
 6 years. 
 6 years. 
 
 5 years. 
 
 6 years. 
 4 years. 
 4 years. 
 
 Pleasure of 
 the Regents. 
 Pleasure of 
 State Comm'r. 
 1-3 years. 
 I year. 
 I year. 
 I year, 
 3 years. 
 Varies. 
 Varies. 
 
 Indefinite. 
 
 2,500-5,000 
 Varies. 
 
 1,000 
 
 1,000 
 
 2,500 
 
 $5,000 
 
 4,000 
 
 S.ooo 
 
 3.500 
 
 S,ooo 
 
 5,000 
 
 5,000 
 
 3.500 
 
 2,500 
 
 4,000 
 
 Per day. 
 
 None. 
 
 500 
 
 4,000 
 
 5,000 
 
 i,2oo-t,8oo 
 
 7jSoo 
 
 5,000 
 
 None. 
 Varies. 
 Varies. 
 Varies. 
 
 1,000+ 
 None. 
 Varies. 
 
 1,^00 + 
 mileage. 
 
 By the Mayor. 
 
 By Borough President, 
 By Borough President. 
 
 By the people. 
 By the people. 
 By Cfommon Council. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the Mayor. 
 By the Mayor. 
 By the Mayor. 
 By the Mayor. 
 By the Mayor. 
 
 By the people. 
 By the people. 
 By the people. 
 
 By the Regents. 
 
 By State Commissioner 
 and Regents. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people. 
 By the people 
 By the Board, 
 
 By the people. 
 
THE CONSTITUTION. 
 
 We, the People of the State of New York, grateful to Almighty 
 God for our Freedom, in order to secure its blessings, do estab- 
 lish THIS Constitution. 
 
 ARTICLE I. 
 
 NO person to be disfranchised. 
 
 Section i. 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. 
 Sec. 2. The trial by jury in all cases in which it has been here- 
 tofore used shall remain inviolate forever; but a jury trial may be 
 waived by the parties in all civil cases in the manner to be pre- 
 scribed by law. 
 
 RELIGIOUS LIBERTY. 
 
 Sec. 3. The free exercise and enjoyment of religious profession 
 and worship, without discrimination 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 licentious- 
 ness, or justify practices inconsistent with the peace or safety of 
 this State. 
 
 WRIT of habeas corpus. 
 
 Sec. 4. The privilege of the writ of habeas corpus shall not be 
 suspended, unless when, in cases of rebellion or invasion, the pub- 
 lic safety may require its suspension. 
 
 BAIL, FINES. 
 
 Sec. S- Excessive bail shall not be required nor excessive fines 
 imposed, nor shall cruel and unusual punishments be inflicted, nor 
 shall witnesses be unreasonably detained. 
 
 145 
 
146 THE GOVERNMENT OF NEW YORK. 
 
 GRAND JURY — BILL OF RIGHTS. 
 
 Sec. 6. No person shall be held to answer for a capital or others 
 wise 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 in- 
 dictment 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. 
 
 PRIVATE PROPERTY — PRIVATE ROADS. 
 
 Sec. 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 ^ jury, 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 con- 
 struct and maintain for the drainage thereof, necessary drains, 
 ditches and dikes upon the lands of others, under proper restric- 
 tions and with just compensation, but no special laws shall be 
 enacted for such purposes. 
 
 FREEDOM OF SPEECH AND OF THE PRESS. 
 
 Sec. 8. Every citizen may freely speak, write and publish his 
 sentiments 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 
 
THE CONSTITUTION. 
 
 147 
 
 ends, the party shall be acquitted ; and the jury shall have the 
 right to determine the law and the fact. 
 
 RIGHT OF PETITION — DIVORCES — LOTTERIES. 
 
 Sec. 9. No law shall be passed abridging the right of the people 
 peaceably to assemble and to petition the government, or any de- 
 partment 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 authorized or allowed within this State; and 
 the Legislature shall pass appropriate laws to prevent offenses 
 against any of the provisions of this section. 
 
 RIGHT OF PROPERTY IN LANDS — ESCHEATS. 
 
 Sec. 10. The people of this State, in their right of sovereignty, 
 are deemed to possess the original and ultimate property 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. 
 
 Sec. II. All feudal tenures of every description, with all their 
 
 incidents, are declared to be abolished, saving, however, all rents 
 
 and services certain which at any time heretofore have been law- 
 fully created or reserved. 
 
 ALLODIAL TENURE. 
 
 Sec. 12. All lands within this State are declared 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. 
 
 CERTAIN LEASES INVALID. 
 
 Sec. 13. No lease or grant of agricultural 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. 
 
 Sec. 14. All fines, quarter sales, or other like restraints upon 
 alienation reserved in any grant of land, hereafter to be made, shall 
 be void. 
 
 SALE OF LANDS. 
 
 Sec. 15. No purchase or contract for the sale of lands in this 
 State made since the fourteenth day of October, one thousand 
 
148 THE GOVERNMENT OF NEW YORK. 
 
 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. 
 
 OLD COLONY LAWS AND ACTS OF THE LEGISLATURE — COMMON LAW — 
 COMMISSIONERS TO BE APPOINTED — THEIR DUTIES. 
 
 Sec. 16. Such parts of the common law, and of the acts of the 
 Legislature of the colony of New York, as together did form the 
 law of the said colony, on the nineteenth day of April, one thou- 
 sand 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 Legiislature 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 
 concerning the same. But all such parts of the common law, and 
 such of the said acts, or parts thereof, as are repugnant to this 
 Constitution, are hereby abrogated. 
 
 GRANTS OP LAND SINCE I775 — PRIOR GRANTS. 
 
 Sec. 17. All grants of land within the 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 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 prop- 
 erty, or any suits, actions, rights of action, or other proceedings 
 in courts of justice. 
 
 Sec. 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. 
 
 ARTICLE II. 
 
 QUALIFICATION OF VOTERS. 
 
 Section i. Every male citizen of the age of twenty-one years, 
 who shall have been a citizen for ninety days, and an inhabitant 
 
THE CONSTITUTION. 149 
 
 of this State one year next preceding an election, and 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 election in the election district of 
 which he shall at the time be a resident, 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, ETC. 
 
 Sec. 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 another, to be paid or used, any money or other 
 valuable thing as a compensation or reward for the giving or with- 
 holding 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 directly or indirectly interested in any bet or wager 
 depending upon the result of any election, shall vote at such elec- 
 tion ; 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 promised to pay, contributed, offered or promised to 
 contribute to another, 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 giving 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 excluding from the right of suffrage all persons con- 
 victed of bribery or of any infamous crime. 
 
 CERTAIN EMPLOYMENTS NOT TO AFFECT RESIDENCE OP VOTERS 
 
 Sec. 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 
 
150 THE GOVERNMENT OF NEW YORK. 
 
 while engaged 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. 
 
 LAWS TO BE PASSED. 
 
 Sec. 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 inhabitants, voters shall be registered upon 
 personal application only; but voters not residing in such cities 
 or villages shall not be required to apply in person for registration 
 at the first meeting of the officers having charge of the registry 
 of voters. 
 
 ELECTION TO BE BY BALLOT. 
 
 Sec. 5. All elections by the citizens, except for such town offi- 
 cers as may by law be directe^i to be otherwise chosen, shall be by 
 ballot, or by such other method as may be prescribed by law, pro- 
 vided that secrecy in voting be preserved. 
 
 Sec. 6. All laws creating, regulating or affecting boards of offi- 
 cers charged with the duty of registering voters, or of distributing 
 ballots at the poll's to voters, or of receiving, recording or count- 
 ing 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 offi- 
 cers 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 on this subject shall 
 continue until the Legislature shall otherwise provide. This sec- 
 tion shall not apply to town meetings, or to village elections. 
 
 ARTICLE III. 
 
 LEGISLATIVE POWERS. 
 
 Section i. The legislative power of this State shall be vested 
 in the Senate and Assembly. 
 
THE CONSTITUTION. 151 
 
 SENATE AND ASSEMBLY, NUMBER OF MEMBERS. 
 
 Sec. 2. The Senate shall consist of fifty members, except as 
 hereinafter provided. The senators elected in the year one thou- 
 sand eight hundred and ninety-five shall hold their offices for three 
 years, and their successors shall be chosen for two years. The 
 Assembly shall Sonsist of one hundred and fifty members who shall 
 be chosen for one year. 
 
 SENATE DISTRICTS. 
 
 Sec. 3. The State shall be divided into fifty districts to be 
 called senate districts, each of which shall choose one senator. 
 The districts shall be numbered from one to fifty, inclusive. 
 [Enumeration and boundaries follow here.] 
 
 ENUMERATION TO BE TAKEN EVERY TEN YEARS — SENATE DISTRICTS, 
 HOW ALTERED 
 
 Sec. 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 formation of a senate district 
 except to make two or more senate districts wholly in such county. 
 No town, and no block in a city inclosed by streets or public ways, 
 shall be divided in the formation of senate districts; nor shall any 
 district contain a greater excess in population over an adjoining 
 district in the same county, than the population of a town or block 
 therein, adjoining such district. Counties, towns or blocks which, 
 from their location, may be included in either of two districts, shall 
 be so placed as to make said districts most nearly equal in number 
 of inhabitants, excluding aliens. 
 
 No county shall have four or more senators unless it shall have 
 a full ratio for each senator. No county shall have more than one- 
 third of all the senators; and no two counties or the territory 
 thereof as now organized, which are adjoining counties, or which 
 are separated only by public waters, shall have more than one-half 
 of all the senators. 
 
152 THE GOVERNMENT OF NEW YORK. 
 
 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. 
 
 MEMBERS OF ASSEMBLY, NUMBER OF, ETC. 
 
 Sec. S. The members of the Assembly shall be chosen by single 
 districts, and shall be apportioned by the Legislature at the first 
 regular session after the return of every enumeration among the 
 several counties of the State, as nearly as may be according to 
 the number of their respective inhabitants, excluding aliens. Every 
 county heretofore established and separately organized, except the 
 county of Hamilton, shall always be entitled to one member of 
 assembly, and no county shall hereafter be erected unless its popula- 
 tion shall entitle it to a member. The county of Hamilton shall 
 elect with the county of Fulton, until the population of the county 
 of Hamilton shall, according to the ratio, entitle it to a member. 
 But the Legislature may abolish the said county of Hamilton and 
 annex the territory thereof to some other coimty or counties. 
 
 The quotient obtained by dividing the whole number of inhabit- 
 ants 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 appor- 
 tioned to every other county. The remaining members of assembly 
 shall be apportioned to the counties having more than two ratios 
 according to the number of inhabitants, excluding aliens. Members 
 apportioned on remainders shall be apportioned to the counties hav- 
 ing 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. [Enumeration 
 follows here.] 
 
 In any county entitled to more than one member, the board of 
 supervisors, and in any city embracing an entire county and having 
 no board of supervisors, the common council, or if there be none, 
 the body exercising the powers of a common council, shall assemble 
 on the second Tuesday of June, one thousand eight hundred and 
 
THE CONSTITUTION. 
 
 153 
 
 ninety-five, and at such times as the Legislature making an appor- 
 tionment shall prescribe, and divide such counties into assembly 
 districts as nearly equal in number of inhabitants, excluding 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, specify- 
 ing the number of each district and of the inhabitants thereof, 
 excluding aliens, according to the last preceding enumeration; and 
 such apportionment and districts shall remain unaltered until an- 
 other 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 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 asembly 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 or public ways, shall be divided in the formation 
 of assembly districts, nor shall any district 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 district. 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 ap- 
 portionment, regard shall be had to the number of inhabitants, 
 excluding aliens, of the election districts according to the State 
 enumeration of one thousand eight hundred and ninety-two, 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 Legislature. 
 
 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 prescribe ; 
 
154 THE GOVERNMENT OF NEW YORK. 
 
 and any court before which a cause may be pending involving 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. 
 
 PAY OF MEMBERS. 
 
 Sec 6. Each member of the Legislature shall receive for his 
 services an annual salary of one thousand five hundred dollars. 
 The members of either house shall also receive the sum of one dollar 
 for every ten miles they shall travel in going to and returning from 
 their place of meeting, once in each session, on the most usual route. 
 Senators, when the Senate alone is convened in extraordinary ses- 
 sion, or when serving as members of the Court for the Trial of 
 Impeachments, and such members of the assembly, not exceeding 
 nine in number, as shall be appointed managers of an impeachment, 
 shall receive an additional allowance of ten dollars a day. 
 
 NO MEMBER TO RECEIVE AN APPOINTMENT. 
 
 Sec. 7. No member of the Legislature shall receive any civil 
 appointment within this State, or the Senate of the United States, 
 from the Governor, the Governor and Senate, or from the Legisla- 
 ture, 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 appointments 
 shall be void. 
 
 PERSONS DISQUALIFIED FOR BEING MEMBERS. 
 
 Sec. 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 Leg- 
 islature, 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 election fixed. 
 
 Sec. 9. The elections of senators and members of assembly, pur- 
 suant to the provisions of this Constitution, shall be held on the 
 Tuesday succeeding the first Monday of November, unless otherwise 
 directed by the Legislature. 
 
THE CONSTITUTION. 
 
 155 
 
 POWERS OF EACH HOUSE. 
 
 Sec. id. A majority of each house shall constitute a quorum to 
 do business. Each house shall determine the rules of its own pro- 
 ceedings, 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 preside 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 TO BE KEPT. 
 
 Sec. II. 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 con- 
 sent of the other, adjourn for more than two days. 
 
 NO MEMBERS TO BE QUESTIONED, ETC. 
 
 Sec. 12. For any speech or debate in either house of the Legis- 
 lature, the members shall not be questioned in any other place. 
 
 BILLS MAY ORIGINATE IN EITHER HOUSE. 
 
 Sec. 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. 
 
 Sec. 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. 
 
 ASSENT OF A MAJORITY OF ALL THE MEMBERS REQUIRED, ETC. 
 
 Sec. 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 pas- 
 sage, unless the Governor, or the acting Governor, shall have cer- 
 tified 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 a 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. 
 
156 THE GOVERNMENT OF NEW YORK. 
 
 RESTRICTION AS TO PRIVATE AND LOCAL BILLS. 
 
 Sec. 16. No private or local bills which may be passed by the 
 Legislature shall embrace more than one subject, and that shall be 
 expressed in the title. 
 
 EXISTING LAW NOT TO BE MADE A PART OF AN ACT EXCEPT BY 
 INSERTING IT THEREIN. 
 
 Sec. 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 applicable, except by inserting it in such act. 
 
 PRIVATE AND LOCAL BILLS NOT TO BE PASSED IN CERTAIN CASES. 
 
 Sec. 18. The Legislature shall not pass a private or local bill in 
 any of the following 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. 
 
 Regulating the rate of interest on money. 
 
 The opening and conducting of elections or designating places 
 of voting. 
 
 Creating, increasing or decreasing fees, percentage or allowances 
 of public officers, during the term for which said officers are elected 
 or appointed. 
 
 Granting to any corporation, association or individual the right 
 to lay down railroad tracks. 
 
 Granting to any private corporation, association or individual 
 any exclusive privilege, immunity or franchise whatever. 
 
 Providing for building bridges, and chartering companies for 
 such purposes, except on the Hudson river below Waterford, and 
 on the East river, or over the waters forming a part of the boun- 
 daries 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 
 
THE CONSTITUTION. 157 
 
 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 highway 
 upon which it is proposed to construct or operate such railroad be 
 first obtained, or in case the consent of such property owners can- 
 not be obtained, the Appellate Division of the Supreme Court, in 
 the department in which it is proposed to be constructed, may, upon 
 application, appoint three commissioners, who shall determine, after 
 a hearing of all parties interested, whether such railroad ought 
 to be constructed or operated, and their determination, confirmed 
 by the court, may be taken in lieu of the consent of the property 
 owners. 
 
 PRIVATE CLAIMS NOT TO BE AUDITED. 
 
 Sec. 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-THIRD BILLS. 
 
 Sec. 20. The assent of two-thirds of the members elected to each 
 branch of the Legislature shall be requisite to every bill appro- 
 priating the public moneys or property for local or private purposes. 
 
 USE OF PUBLIC MONEYS. 
 
 Sec. 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 appropria- 
 tion, or continuing or reviving an appropriation, shall distinctly 
 specify the sum appropriated, and the object to which it is to be 
 applied; and it shall not be sufficient for such law to refer to any 
 other law to fix such sum. 
 
 Sec. 22. No provision or enactment shall be embraced in the an- 
 nual appropriation or supply bill, unless it relates specifically to 
 some particular appropriation in the bill ; and any such provision 
 or enactment shall be limited in its operation to such appropriation. 
 
 certain SECTIONS NOT TO APPLY TO CERTAIN BILLS. 
 
 Sec. 23. Sections seventeen and eighteen of this article shall not 
 apply to any bill, or the amendments to any bill, which shall be 
 
158 THE GOVERNMENT OF NEW YORK. 
 
 reported to the Legislature by commissioners who have been ap- 
 pointed pursuant to law to revise the statutes. 
 
 BILL IMPOSING A TAX, MANNER OF PASSING. 
 
 Sec. 24. Every law which imposes, continues or revives a tax 
 shall distinctly state the tax and the object to which it is to be ap- 
 plied, and it shall not be sufficient to refer to any other law to fix 
 such tax or object. 
 
 Sec. 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 com- 
 mutes any claim or demand of the State, the question shall be taken 
 by yeas and nays, which shall be duly entered upon the journals, 
 and three-fifths of all the members elected to either house shall, in 
 all such cases, be necessary to constitute a quorum therein. 
 
 BOARD OF SUPERVISORS. 
 
 Sec. 26. There shall be in the several counties, except in cities 
 whose boundaries are the same as those of the county, a board of 
 supervisors, to be composed of such members, and elected in such 
 manner, and for such period, as is or may be provided by law. In 
 any such city the duties and powers of a board of supervisors may 
 be devolved upon the common council or board of aldermen thereof. 
 
 LOCAL LEGISLATIVE POWERS. 
 
 Sec. 27. The Legislature shall, by general laws, confer upon the 
 boards of supervisors of the several counties of the State such fur- 
 ther powers of local legislation and administration as the Legisla- 
 ture may from time to time deem expedient. 
 
 NO EXTRA COMPENSATION TO BE GRANTED. 
 
 Sec. 28. The Legislature shall not, nor shall the common council 
 of any city, nor any board of supervisors, grant any extra compen- 
 sation to any public officer, servant, agent or contractor. 
 
 occupation and employment of CONVICTS. 
 
 Sec. 29. The Legislature shall, by law, provide for the occupa- 
 tion 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, peniten- 
 
THE CONSTITUTION. 159 
 
 tiary, jail or reformatory, 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 corporation. This section shall not be construed to 
 prevent the Legislature 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 insti- 
 tution owned or managed and controlled by the State, or any politi- 
 cal division thereof. 
 
 ARTICLE IV. 
 
 EXECUTIVE POWER, HOW VESTED. 
 
 Section i. The executive power shall be vested in a Governor, 
 who shall hold his office for two years ; a 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 December, one thousand eight hundred and 
 ninety-six, and their successors shall be chosen at the general elec- 
 tion in that year. 
 
 QUALIFICATIONS OF GOVERNOR. 
 
 Sec. 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 preceding his election a resident of this State. 
 
 ELECTION OF GOVERNOR AND LIEUTENANT-GOVERNOR. 
 
 Sec. 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 Gov- 
 ernor and Lieutenant-Governor shall be elected; but in case two or 
 more shall have an equal and the highest number of votes for Gov- 
 ernor, or for Lieutenant-Governor, the two houses of the Legisla- 
 ture 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 THE GOVERNOR. — HIS COMPENSATION. 
 
 Sec. 4. The Governor shall be Commander-in-Chief of the military 
 and naval forces of the State. He shall have power to convene the 
 
i6o THE GOVERNMENT OF NE^\' YORK. 
 
 Legislature, or the Senate only, on extraordinary occasions. At 
 extraordinary sessions ilo 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 condi- 
 tion of the State, and recommend such matters to them 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. 
 
 PARDONING POWERS VESTED IN THE GOVERNOR. 
 
 Sec. s. The Governor shall have the power to grant reprieves, 
 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 man- 
 ner 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, com- 
 mutation or pardon granted, stating the name of the convict, the 
 crime of which he was convicted, the sentence and its date, and the 
 date of the commutation, pardon or reprieve. 
 
 POWERS OF governor TO DEVOLVE ON LIEUTENANT-GOVERNOR. 
 
 Sec. 6. In case of the impeachment of the Governor, or his re- 
 moval 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 OF LIEUTENANT-GOVERNOR. 
 
 Sec. 7. The Lieutenant-Governor shall possess the same qualifi- 
 cations of eligibility for office as the Governor. He shall be presi- 
 
THE CONSTITUTION. i6i 
 
 dent 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 Sen- 
 ate for any of the above causes shall become incapable of perform- 
 ing 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. 
 
 COMPENSATION OF LIEUTENANT-GOVERNOR. 
 
 Sec. 8. The Lieutenant-Governor shall receive for his services an 
 annual salary of five thousand dollars, and shall not receive or be 
 entitled to any other compensation, 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 THE GOVERNOR FOR SIGNATURE. 
 
 Sec. 9. Every bill vifhich shall have passed the Senate and Assem- 
 bly 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 at large on the journal, and proceed to recon- 
 sider 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 objections, to the other house by which it shall 
 likewise be reconsidered; and if approved by two-thirds of the 
 members elected to that house, it shall become a law notwithstand- 
 ing the objections of the Governor. In all such cases, the votes in 
 both houses shall be determined by yeas and nays, and the names of 
 the members voting shall be entered on the journal of each house 
 respectively. If any bill shall not be returned by the Governor 
 within ten days (Sundays excepted) after it shall have been pre- 
 sented to him, the same shall be a law in like manner as if he had 
 signed it, unless the Legislature shall, by their adjournment, prevent 
 its return, in which case it shall not become a law without the ap- 
 proval 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 
 
i62 THE GOVERNMENT OF NEW YORK. 
 
 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 ob- 
 jects ; and the appropriation so objected to shall not take effect. If 
 the Legislature be in session, he shall transmit to the house in which 
 the bill originated a copy of such statement, and the items objected 
 to shall be separately considered. 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, notwith- 
 standing the objections of the Governor. All the provisions of this 
 section, in relation to bills not approved by the Governor, shall apply 
 in cases in which he shall withhold his approval from any item or 
 items contained in a bill appropriating money. 
 
 ARTICLE V. 
 
 STATE OFFICERS. 
 
 Section i. The Secretary of State, Comptroller, Treasurer, At- 
 torney-General and State Engineer and Surveyor 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 continuance in office, receive for his serv- 
 ices 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 fee or perquisites of office or other compensa- 
 tion. No person shall be elected to the office of State Engineer and 
 Surveyor who is not a practical civil engineer. 
 
 Sec. 2. The first election of the Secretary of State, Comptroller, 
 Treasurer, Attorney-General and State Engineer and Surveyor, pur- 
 suant 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. 
 
 Sec. 3. A Superintendent of Public Works shall be appointed 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 
 
THE CONSTITUTION. 163 
 
 whom he was nominated, and until his successor is appointed and 
 qualified. He shall receive a compensation to be fixed by law. He 
 shall he required by law to give security for the faithful execution 
 of his office before entering upon the duties thereof. He shall be 
 charged with the execution of all laws relating to the repair and 
 navigation of the canals, and also of those relating to the construc- 
 tion and improvement of the canals, except so far as the execution 
 of the laws relating to such construction or improvement shall' be 
 confided to the State Engineer and Surveyor; subject to the con- 
 trol of the Legislature, he shall make the rules and regulations for 
 the navigation or use of the canals. He may be suspended or re- 
 moved from office by the Governor, whenever, in his judgment, the 
 public interest shall so require; but in case of the removal of such 
 Superintendent of Public Works from office, the Governor shall 
 file with the Secretary of State a statement of the cause of such 
 removal, and shall report such removal and the cause thereof to 
 the Legislature at its next session. The Superintendent of Public 
 Works shall appoint not more than three assistant superintendents, 
 whose duties shall be prescribed by him, subject to modification by 
 the Legislature, and who shall receive for their services a compensa- 
 tion to be fixed by law. Tljey 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 re- 
 quire. Any vacancy in the office of any such assistant superintend- 
 ents 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 suspension 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 man- 
 agement of the canals, except collectors of tolls, and thoge in the 
 department of the State Engineer and Surveyor, shall be appointed 
 by the Superintendent of Public Works, and be subject to suspen- 
 sion or removal by him. The Superintendent of Public Works shall 
 perform all the duties of the Canal Commissioners, and Board of 
 Canal Commissioners, as now declared by law, until otherwise pro- 
 vided by the Legislature. The Governor, by and with the advice and 
 consent of the Senate, shall have power to fill vacancies in the office 
 of Superintendent of Public Works ; if the Senate be not in ses- 
 sion, he may grant commissions which shall expire at the end of 
 the next succeeding session of the Senate. 
 
164 THE GOVERNMENT OF NEW YORK. 
 
 SUPERINTENDENT OF PRISONS. 
 
 Sec. 4. A Superintendent of State Prisons shall be appointed by 
 the Governor, by and with the advice and consent of the Senate, and 
 hold his office for five years, unless sooner removed; he shall give 
 security in such amount, and with such sureties as shall be required 
 by law for the faithful discharge of his duties; he shall have the 
 superintendence, management and control of State prisons, subject 
 to such laws as now exist or may hereafter be enacted; he shall ap- 
 point the agents, wardens, physicians and chaplains of the prisons. 
 The agent and warden of each prison shall appoint all other officers 
 of such prison, except the clerk, subject to the approval of the same 
 by the Superintendent. The Comptroller shall appoint the clerks of 
 the prisons. The Superintendent shall have all the powers and per- 
 form all the duties not inconsistent herewith, which were formerly 
 had and performed by the Inspectors of State Prisons. The Gov- 
 ernor may remove the Superintendent for cause at any time, giv- 
 ing 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. 
 
 Sec. S. The Lieutenant-Governor, Speaker of the Assembly, Secre- 
 tary 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, Comptroller, 
 Treasurer and Attorney-General shall be the Commissioners of the 
 Canal Fund. The Canal Board shall consist of the Commissioners 
 of the Canal Fund, the State Engineer and Surveyor, and ihe Su- 
 perintendent of Public Works. 
 
 POWERS AND DUTIES OF BOARDS. 
 
 Sec. 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. 
 
 TREASURER MAY BE SUSPENDED BY THE GOVERNOR. 
 
 Sec. 7. The Treasurer may be suspended from office by the Gov- 
 ernor, during the recess of the Legislature, and until thirty days 
 after the commencement 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 com- 
 
THE CONSTITUTION. 165 
 
 petent person to discharge the duties of the office during such sus- 
 pension of the Treasurer. 
 
 OFFICES ABOLISHED. 
 
 Sec. 8. AH offices for the weighing, gauging, measuring, culling 
 or inspecting any merchandise, produce, 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 interests 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 pur- 
 poses hereafter. 
 
 CIVIL SERVICE LAW. 
 
 Sec. 9. Appointments and promotions in the civil service of the 
 State, and of all the civil divisions thereof, including cities and vil- 
 lages, 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 XJnited 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^ OF WHAT IT SHALL CONSIST, ETC. 
 
 Section i. The Supreme Court is continued with general Juris- 
 diction in law and equity, subject to such appellate jurisdiction of 
 the Court of Appeals as now is or may be prescribed by law not in- 
 consistent with this article. The existing judicial districts of the 
 State are continued until changed as hereinafter provided. The Su- 
 preme Court shall consist of the justices now in office, and of the 
 judges transferred thereto by the fifth section of this article, all of 
 whom shall continue to be justices of the Supreme Court during 
 their respective terms, and of twelve additional justices who shall 
 reside in and be chosen by the electors of, the several existing judi- 
 cial districts, three in the first district, three in the second, and one 
 in each of the other districts ; and of their successors. The succes- 
 sors of said justices shall be chosen by the electors of their respec- 
 
i66 THE GOVERNMENT OF NEW YORK. 
 
 live judicial districts. The Legislature may alter the judicial dis- 
 tricts once after every enumeration under the Constitution, of the 
 inhabitants of the State, and thereupon reapportion the justices to 
 be thereafter elected in the districts so altered. 
 
 DIVISION OF JUDICIAL DEPARTMENTS. 
 
 Sec. 2. The Legislature shall divide the State into four judicial 
 departments. The first department shall consist of the county of 
 New York; the others shall be bounded by county lines, and be com- 
 pact and equal in population as nearly as may be. Once every ten 
 years the Legislature may alter the judicial departments, but with- 
 out increasing the number thereof. 
 
 There shall be an Appellate Division of the Supreme Court, con- 
 sisting 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 there- 
 of, who shall act as such during his term of office, and shall be a 
 resident of the department. The other justices shall be designated 
 for terms of five years, or the unexpired portions of their respective 
 terms of office, if less than five years. From time to time as the terms 
 of such designations expire, or vacancies occur, he shall make new 
 designations. He may also make temporary designations in case of 
 the absence or inability to act, of any justice in the Appellate Divi- 
 sion. A majority of the justices designated to sit in the Appellate 
 Division in each department shall be residents of the department. 
 Whenever the Appellate Division in any department shall be unable 
 to dispose of its business within a reasonable time, a majority of the 
 presiding justices of the several departments at a meeting 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 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. From and after the last day of 
 December, one thousand eight hundred and ninety-five, the Appellate 
 Division shall have the jurisdiction now exercised by the Supreme 
 Court at its General Terms, and by the General Terms of the Court 
 
THE CONSTITUTION. 167 
 
 of Common Pleas for the City and County of New York, the Su- 
 perior Court of the City of New York, the Superior Court of Bufltalo 
 and the City Court of Brooklyn, and such additional jurisdiction as 
 may be conferred by the Legislature. It shall have power to appoint 
 and remove a reporter." 
 
 The justices of the Appellate Division in each department shall 
 have power to fix the times and places for holding Special and Trial 
 Terms therein, and to assign the justices in the departments to hold 
 such terms; or to make rules therefor. 
 
 JUDGES NOT TO SIT IN REVIEW IN CERTAIN CASES. 
 
 Sec. 3. No judge or justice shall sit in the Appellate Division 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 tes- 
 timony in equity cases shall be taken in like manner as in cases at 
 law; and, except as herein otherwise provided, the Legislature shall 
 have the same power to alter and regulate the jurisdiction and pro- 
 ceedings in law and in equity that it has heretofore exercised. 
 
 TERMS OF OFFICE. 
 
 Sec. 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. 
 
 ABOLITION OF CITY COURTS. 
 
 Sec. S- The Superior Court of the City of New York, the Court 
 of Common Pleas for the City and County of New York, the Su- 
 perior Court of Buffalo, and the City Court of Brooklyn, are abol- 
 ished from and after the first day of January, one thousand eight 
 hundred 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 
 
1 68 THE GOVERNMENT OF NEW YORK. 
 
 shall be transferred to the Supreme Court for hearing and deter- 
 mination. 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 coun- 
 ties in which they were elected or appointed. Their salaries shall 
 be paid by the said counties respectively, and shall be the same as 
 the salaries of the other justices of the Supreme Court residing in the 
 same 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 abol- 
 ished, 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 de- 
 partments, which include New York and Buffalo, shall direct, unless 
 otherwise provided by the Legislature. 
 
 ABOLITION OF CIRCUIT COURTS AND COURTS OF OYER AND TERMINER. 
 
 Sec. 6. Circuit Courts and Courts of Oyer and Terminer are 
 abolished from and after the last day of December, one thousand 
 eight hundred and ninety-five. All their jurisdiction shall thereupon 
 be vested in the Supreme Court, and all actions and proceedings 
 then pending in such courts shall be transferred to the Supreme 
 Court for hearing and determination. Any justice of the Supreme 
 Court, except as otherwise provided in this article, may hold court 
 in any county. 
 
 COURT OF APPEALS. 
 
 Sec. 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 suc- 
 cessors, who shall be chosen by the electors of the State. The offi- 
 cial 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. 
 
THE CONSTITUTION. 
 
 169 
 
 VACANCIES ; HOW FILLED. 
 
 Sec. 8. When a vacancy shall occur otherwise than by expiration 
 of term, in the office of chief or associate judge of the Court of Ap- 
 peals, the same shall be filled, for a full term, at the next general 
 election happening not less than three months after such vacancy 
 occurs; and until the vacancy shall be so filled, the Governor, by 
 and with the advice and consent of the Senate, if the Senate shall 
 be in session, or if not in session the Governor may fill such vacancy 
 by appointment. If any such appointment of chief judge shall be 
 made from among the 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 ap- 
 pointment as chief judge. The powers and jurisdiction 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 ap- 
 pointments 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. 
 
 Sec. 9. After the last day of December, one thousand eight hun- 
 dred and ninety-five, the jurisdiction of the Court of Appeals, ex- 
 cept where the judgment is of death, shall be limited to the review 
 of questions of law. No unanimous decision of the Appellate Divi- 
 sion of the Supreme Court that there is evidence supporting or tend- 
 ing 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 judg- 
 ment is of death, appeals may be taken, as of right, to said court 
 only from judgments or orders entered upon decisions of the Ap- 
 pellate Division of the Supreme Court, finally determining actions 
 or 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 Divi- 
 sion 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 
 
1 70 THE GOVERNMENT OF NEW YORK. 
 
 December, one thousand eight hundred and ninety-five, but appeals 
 therefrom may be taken under existing provisions of law. 
 
 JUDGES OF COURT OF APPEALS, OR JUSTICES OF SUPREME COURT, TO 
 HOLD NO OTHER OFFICE. 
 
 Sec. 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. 
 
 REMOVALS — PROCEEDINGS IN RELATION THERETO. 
 
 Sec. II. Judges of the Court of Appeals and justices of the Su- 
 preme 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 jus- 
 tices of the peace and judges or justices of inferior 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 Sen- 
 ate 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 opportunity to be heard. On the 
 question of removal, the yeas and nays shall be entered on the 
 journal. 
 
 COMPENSATION OF JUDGES AND JUSTICES. 
 
 Sec 12. The judges and justices hereinbefore mentioned shall re- 
 ceive for their services a compensation established by law, which 
 shall not be increased or diminished during their official terms, except 
 as provided in section five of this article. No person shall hold the 
 office of judge or justice of any court longer than until and includ- 
 ing the last day of December next after he shall be seventy years of 
 age. No judge or justice elected after the first day of January, one 
 thousand eight hundred and ninety-four, shall be entitled to receive 
 any compensation after the last day of December next after he 
 shall be seventy years of age ; but the compensation of every judge 
 of the Court of Appeals or justice of the Supreme Court elected 
 prior to the first day of January, one thousand eight hundred and 
 ninety-four, whose term of office has been, or whose present term 
 of office shall be, so abridged, and who shall have served as such 
 judge or justice ten years or more, shall be continued during the re- 
 mainder of the term for which he was elected; but any such judge 
 
THE CONSTITUTION. 
 
 171 
 
 or justice may, with his consent, be assigned by the Governor, from 
 time to time, to any duty in the Supreme Court while his compen- 
 sation is so continued. 
 
 IMPEACHMENTS. 
 
 Sec. 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 composed 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 Governor or Lieutenant-Governor, the 
 Lieutenant-Governor shall not act as a member of the court. No 
 judicial ofificer shall exercise his office, after articles of impeach- 
 ment 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 im- 
 partially 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 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. 
 
 Sec. 14. The existing County Courts are continued, 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 two 
 county judges and the additional county judge shall be chosen at 
 the next general election held after the adoption of this article. The 
 successors of the several county judges shall be chosen by the elec- 
 tors of the counties for the term of six years. 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 complaint de- 
 mands 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. 
 
172 
 
 THE GOVERNMENT OF NEW YORK. 
 
 Courts of Sessions, except in the county of New York, are abol- 
 ished from and after the last day of December, one thousand eight 
 hundred and ninety-five. All the jurisdiction of the Court of Ses- 
 sions in each county, except the county of New York, shall there- 
 upon be* vested in the County Court thereof, and all actions and 
 proceedings then pending in such Courts of Sessions shall be trans- 
 ferred to said County Courts for hearing and determination. Every 
 county judge shall perform such duties as 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 requested by the judges of such other 
 county. 
 
 surrogates' courts. 
 
 Sec. 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 Surrro- 
 gates' Courts now possess, until otherwise provided by the Leg- 
 islature. The county judge shall be surrogate of his county, except 
 where a separate surrogate has been or shall be elected. In coun- 
 ties having a population exceeding forty thousand, wherein there is 
 no separate surrogate, the Legislature may provide 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 surrogate 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 vacan- 
 cies occurring in the Supreme Court. The compensation of any 
 county judge or surrogate shall not be increased or diminished dur- 
 ing his term of office. For the relief of Surrogates' Courts the Leg- 
 islature may confer upon the Supreme Court in any county having a 
 population exceeding four hundred thousand the powers and juris- 
 diction of surrogates, with authority to try issues of fact by jury in 
 probate cases. 
 
THE CONSTITUTION. 1 73 
 
 LOCAL JUDICIAL OFFICERS.. 
 
 Sec. 16. The Legislature may, on application of the board of su- 
 pervisors, provide for the election of local officers, not to exceed 
 tvi^o 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. 
 
 JUSTICES OF THE PEACE. 
 
 Sec. 17. The electors of the several towns shall, at their annual 
 town meetings, or at such other time and in such manner as the Leg- 
 islature 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 reg- 
 ulated by law. Justices of the peace and judges or justices of in- 
 ferior 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 are or shall be prescribed by law ; all other judicial 
 officers in cities, whose election or appointment is not otherwise pro- 
 vided for in this article, shall be chosen by the electors of such 
 cities, or appointed by some local authorities thereof. 
 
 INFERIOR LOCAL COURTS. 
 
 Sec. 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 Legis- 
 lature may direct. 
 
 CLERKS OF SUPREME COURT AND COURT OF APPEALS. 
 
 Sec. 19. Clerks of the several counties shall be clerks of the Su- 
 preme 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 
 
174 THE GOVERNMENT OF NEW YORK, 
 
 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 OFFICES, EXCEPT JUSTICE OF THE PEACE, TO RECEIVE FEES. 
 
 Sec. 20. No judicial officer, except justices of the peace, shall re- 
 ceive to his own use 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, practise 
 as an attorney 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 TO BE PROVIDED FOR. 
 
 Sec. 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 pub- 
 lication by any person. 
 
 LOCAL JUDICIAL OFFICERS — ^TERMS OF INCUMBENTS. 
 
 Sec. 22. Justices of the peace and other local judicial officers pro- 
 vided 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. 
 
 Sec. 23. Courts of Special Sessions shall have such jurisdiction of 
 offenses of the grade of misdemeanors as may be prescribed by law. 
 
 ARTICLE VH. 
 
 state CREDIT NOT TO BE LOANED. 
 
 Section i. The credit of the State shall not in any manner be 
 given or loaned to or in aid of any individual, association or cor- 
 poration. 
 
THE CONSTITUTION. 175 
 
 POWER TO CONTRACT DEBTS. 
 
 Sec. 2. The State may, to meet casual deficits or failures in reve- 
 nues, 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. 
 
 Sec. 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; but the money arising from the con- 
 tracting of such debts shall be applied to the purpose for which it 
 was raised, or to repay such debts, and to no other purpose what- 
 ever. 
 
 LIMITATION OF LEGISLATIVE POWER IN THE CREATION OF DEBTS. 
 
 Sec. 4. Except the debts specified in sections two and three of this 
 article, no debts shall be hereafter contracted by or on 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 
 impose and provide for the collection of a direct annual tax to pay, 
 and sufficient to pay, the interest on such debt as it falls due, and 
 also to pay and discharge the principal of such debt within eighteen 
 years from the time of the contracting thereof. No such law shall 
 take effect until it shall, at a general election, have been submitted 
 to the people, and have received a majority of all the votes cast for 
 and against it at such election. 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 pursuance 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 
 (ind liability. The money arising from any loan or stock creating 
 
176 THE GOVERNMENT OF NEW YORK. 
 
 such debt or liability shall be applied to the work or object specified 
 in the act authorizing such debt or liability, or for the repayment of 
 such debt or liability, and for no other purpose whatever. No such 
 law shall be submitted to be voted on, within three months after its 
 passage, or at any general election when any other law, or any bill, 
 or any amendment to the Constitution, shall be submitted to be 
 voted for or against. 
 
 Sec. S- 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. 
 
 Sec. 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 provision 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. 
 
 FOREST PRESERVE. 
 
 Sec. 7. The lands of the State, now owned or hereafter acquired, 
 constituting the forest preserve as now fixed by law, shall be for- 
 ever 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. 
 
 Sec. 8. The Legislature shall not sell, lease or otherwise dispose 
 of the Erie canal, the Oswego canal, the Champlain canal, the Ca- 
 yuga and Seneca canal, or the Black River canal ; but they shall re- 
 main the property of the State and under its management forever. 
 The prohibition of lease, sale or other disposition herein contained, 
 shall not apply to the canal known as the Main and Hamburg street 
 canal, situated in the city of Buffalo, and which extends easterly 
 from the westerly line of Main street to the westerly line of Ham- 
 burg street. AH 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. 
 
THE CONSTITUTION. 177 
 
 MAINTENANCE OF CANAtS. 
 
 Sec. 9. No tolls shall hereafter be imposed on persons or prop- 
 erty transported on the canals, but all boats navigating the canals, 
 and the owners and masters thereof, shall be subject to such laws 
 and regulations as have been or may hereafter be enacted concern- 
 ing the navigation of the canals. The Legislature shall annually, by 
 equitable taxes, make provision for the expenses of the superintend- 
 ence 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. 
 
 IMPROVEMENT OF CANALS. 
 
 Sec. 10. The canals may be improved in such manner as the Leg- 
 islature shall provide by law. A debt may be authorized for that 
 purpose in the mode prescribed by section four of this article, or the 
 cost of such improvement may be defrayed by the appropriation of 
 funds from the State treasury, or by equitable annual tax. 
 
 ARTICLE VIII. 
 
 CORPORATIONS, HOW CREATED. 
 
 Section I. 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 judgment of the Legislature, the objects of 
 the corporation cannot be attained under general laws. All general 
 laws and special acts passed pursuant to this section may be altered 
 from time to time or repealed. 
 
 DEBTS OF CORPORATIONS. 
 
 Sec. 2. Dues from corporations shall be secured by such individ- 
 ual liability of the corporators and other means as may be pre- 
 scribed by law. 
 
 " CORPORATIONS " DEFINED. 
 
 Sec. 3. The term corporations as used in this article shall be con- 
 strued to include all associations and joint-stock companies having 
 any of the powers or privileges of corporations not possessed by in- 
 dividuals or partnerships. And all corporations shall have the right 
 
1 78 THE GOVERNMENT OF NEW YORK. 
 
 to sue and shall be subject to be sued in all courts in like cases as 
 natural persons. 
 
 Sec. 4. The Legislature shall, by general law, conform all char- 
 ters 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 cor- 
 poration shall have any capital stock, nor shall the trustees thereof, 
 or any of them, have any interest whatever, direct or indirect, in 
 the profits of such corporation; and no director or trustee of any 
 such bank or institution shall be interested in any loan or use of any 
 money or property of such bank or institution for savings. The 
 Legislature shall have no power to pass any act granting any special 
 charter for banking purposes; but corporations or associations may 
 be formed for such purposes under general laws. 
 
 SPECIE PAYMENTS. 
 
 Sec. S. The Legislature shall have no power to pass any law sanc- 
 tioning 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. 
 
 Sec. 6. The Legislature shall provide by law for the registry of 
 all bills or notes, issued or put in circulation as money, and shall 
 require ample security for the redemption of the same in specie. 
 
 INDIVIDUAL RESPONSIBILITY OF STOCKHOLDERS. 
 
 Sec. 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. 
 
 INSOLVENCY OF BANKS, PREFERENCE. 
 
 Sec. 8. In case of the insolvency of any bank or banking associa- 
 tion, the billholders thereof shall be entitled to preference in pay- 
 ment, over all other creditors of such bank or association. 
 
 CREDIT OR MONEY OF THE STATE NOT TO BE GIVEN OR LOANED. 
 
 Sec. 9. Neither the credit nor the money of the State shall be 
 given or loaned to or in aid of any association, corporation or pri- 
 
THE CONSTITUTION. 
 
 179 
 
 vate undertaking. This section shall not, however, prevent the Leg- 
 islature 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. Nor shall it apply to any fund or property now 
 held, or which may hereafter be held, by the State for educational 
 purposes. 
 
 COUNTIES, ETC., NOT TO GIVE OR LOAN MONEY OR CREDIT — 
 LIMITATION OF DEBTS. 
 
 Sec. 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, association or corporation, or become directly or indi- 
 rectly the owner of stock in, or bonds of, any association or corpo- 
 ration; 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 excess of such limitation, except such as may now 
 exist, shall be absolutely 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 taxa- 
 tion, shall be allowed to become indebted in any further amount 
 until such indebtedness shall be reduced within such limit. This 
 section shall not be construed to prevent the issuing of certificates 
 of indebtedness or revenue bonds issued in anticipation of the col- 
 lection 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 shall this section be 
 construed to prevent the issue of bonds to provide for the supply 
 of water ; but the term of the bonds issued to provide the supply of 
 water shall not exceed twenty years and a sinking fund shall 
 be created on the issuing of the said bonds for their redemption, 
 by raising annually a sum which will produce an amount equal to 
 the sum of the principal and interest of said bonds at their maturity. 
 All certificates of indebtedness or revenue bonds issued in anticipa- 
 
i8o THE GOVERNMENT OF NEW YORK. 
 
 tion of the collection of taxes, which are not retired within five 
 years after their date of issue, and bonds issued to provide for the 
 supply of water, and any debt hereafter incurred by any portion 
 or part of a city, if there shall be any such debt, shall be included 
 in ascertaining the power of the city to become otherwise indebted. 
 Whenever hereafter the boundaries of any city shall become the 
 same as those of a county, the power of the county to become 
 indebted shall cease, but the debt of the county at that time exist- 
 ing shall not be included as a part of the city debt. The amount 
 hereafter to be raised by tax for county or city purposes, in any 
 county 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 ascer- 
 tained as prescribed in this section in respect to county or city debt. 
 
 STATE BOARD OF CHARITIES. 
 
 Sec. II. The Legislature shall provide for a State Board of 
 Charities, which shall visit and inspect all institutions, whether 
 State, county, municipal, incorporated or not incorporated, which 
 are of a charitable, eleemosynary, correctional or reformatory char- 
 acter, excepting only such institutions as are hereby made subject 
 to the visitation and inspection of either of the commissions here- 
 inafter mentioned, but including all reformatories except those in 
 which adult males convicted of felony shall be confined ; a State 
 Commission in Lunacy, which shall visit and inspect all institutions, 
 either public or private, used for the care and treatment of the 
 insane (not including institutions for epileptics or idiots) ; a State 
 Commission of Prisons which shall visit and inspect all institutions 
 used for the detention of sane adults charged with or convicted 
 of crime, or detained as witnesses or debtors. 
 
 Sec. 12. The members of the said board and of the said com- 
 missions shall be appointed by the Governor, by and with the advice 
 and consent of the Senate ; and any member may be removed from 
 office by the Governor for cause, an opportunity having been given 
 him to be heard in his defense. 
 
 INSPECTION OF INSTITUTIONS. 
 
 Sec. 13. Existing laws relating to institutions referred to in the 
 foregoing sections and to their supervision and inspection, in so 
 
THE CONSTITUTION. i8i 
 
 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. 
 
 MAINTE^fANCE OF CHARITABLE INSTITUTIONS. 
 
 Sec. 14. Nothing in this Constitution contained shall prevent the 
 Legislature from making such provision for the education and sup- 
 port 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 edu- 
 cation, of inmates of orphan asylums, homes for dependent children 
 or correctional institutions, whether under public or private control. 
 Payments by counties, cities, towns and villages to charitable, elee- 
 mosynary, correctional and reformatory institutions, wholly or 
 partly under private control, for care, support and maintenance, 
 may be authorized, but shall not be required by the Legislature. 
 No such payments shall be made for any inmate of such institu- 
 tions 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 — ^TERMS OF OFFICE, ETC. 
 
 Sec. 15. Commissioners of the State Board of Charities and Com- 
 missioners of the State Commission in Lunacy, now holding office 
 shall be continued in office for the term for which they were ap- 
 pointed 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 inconsistent with other provisions of the Constitution. 
 
 ARTICLE IX. 
 
 PROVISION FOR MAINTENANCE OF FREE SCHOOLS. 
 
 Section i. The Legislature shall provide for the maintenance and 
 support of a system of free common schools, wherein all the chil- 
 dren of this State may be educated. 
 
 university of the STATE OF NEW YORK. 
 
 Sec. 2. The corporation created in the year one thousand seven 
 hundred and eighty-four, under the name of The Regents of the 
 
1 82 THE GOVERNMENT OF NEW YORK. 
 
 University of the State, of New York, is hereby continued under 
 the name of the University of the State of New York. It shall 
 be governed and its corporate powers, which may be increased, 
 modified or diminished by the Legislature, shall be exercised, by 
 not less than nine regents. 
 
 COMMON-SCHOOL LITERATURE AND UNITED STATES DEPOSIT FUNDS. 
 
 Sec. 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. 
 
 PROPERTY, CREDIT OR PUBLIC MONEY NOT TO BE USED. 
 
 Sec. 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 examination or inspection, of any school or institution of 
 learning wholly or in part under the control or direction of any 
 religious denomination, or in which any denominational tenet or 
 doctrine is taught. 
 
 ARTICLE X. 
 
 GOVERNOR MAY REMOVE CERTAIN OFFICERS. 
 
 Section i. Sheriffs, clerks of counties, district attorneys, and reg- 
 isters 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 
 
THE CONSTITUTION. 1^3 
 
 such officer a copy of the charges against him, and an opportunity 
 of being heard in his defense. 
 
 Sec 2 All county officers, whose election or appointment is not 
 provided for by this Constitution, shall be elected by the electors 
 of the respective counties or appointed by the boards of supervisors 
 or other county authorities, as the Legislature shall direct. All 
 city, town and village officers, whose election or appointment is not 
 provided for by this Constitution, shall be elected by the electors 
 of such cities, towns and villages, or of some division thereof, or 
 appointed by such authorities thereof, as the Legislature shall 
 designate for that purpose. All other officers, whose election or 
 appointment is not provided for by this Constitution, and all officers, 
 whose offices may hereafter be created by law, shall be elected by 
 the people, or appointed, as the Legislature may direct. 
 
 DURATION OF OFFICE. 
 
 Sec. 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. 
 
 Sec. 4. The time of electing all officers named in this article shall 
 be prescribed by law. 
 
 VACANCIES IN OFFICE. 
 
 Sec. 5. The Legislature shall provide for filling vacancies in 
 office, and in case of elective officers, no person appointed to fill a 
 vacancy shall hold his office by virtue of such appointment longer 
 than the commencement of the political year next succeeding the 
 first annual election after the happening of the vacancy. 
 
 POLITICAL year. 
 
 Sec 6. The political year and legislative term shall begin on the 
 first day of January; and the Legislature shall, every year, assem- 
 ble on the first Wednesday in January. 
 
 REMOVALS FROM OFFICE. 
 
 Sec 7. Provision shall be made by law for the removal for mis- 
 conduct or malversation in office of all officers, except judicial, 
 whose powers and duties are not local or legislative and who shall 
 be elected at general elections, and also for supplying vacancies 
 created by such removal. 
 
184 THh: GOVERNMENT OF NEW YORK. 
 
 WHEN OFFICE DEEMED VACANT. 
 
 Sec. 8. The Legislature may declare the cases in which any office 
 shall be deemed vacant when no provision is made for that pur- 
 pose in this Constitution. 
 
 COMPENSATION OF CERTAIN OFFICERS. 
 
 Sec. 9. No officer whose salary is fixed by the Constitution shall 
 receive any additional compensation. Each of the other State 
 officers named in the Constitution shall, during his 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 compensation. 
 
 ARTICLE XL 
 
 MILITIA. 
 
 Section i. All able-bodied male citizens between the ages of 
 eighteen and forty-five years, who are residents of the State, shall 
 constitute the militia, subject, however, to such exemptions as are 
 now, or may be hereafter created by the laws of the United States, 
 or by the Legislature of this State. 
 
 PROVISION FOR enlistment. 
 
 Sec. 2. The Legislature may provide for the enlistment into the 
 active force of such other persons as may make application to be 
 so enlisted. 
 
 organization and maintenance OF militia. 
 
 Sec. 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, disciplined and ready for active service. 
 And it shall be the duty of the Legislature at each session to make 
 sufficient appropriations for the maintenance thereof. 
 
 OFFICERS to be APPOINTED BY THE GOVERNOR. 
 
 Sec. 4. The Governor shall appoint the chiefs of the several stafif 
 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 
 
THE CONSTITUTION. 185 
 
 shall also nominate, and with the consent of the Senate appoint, 
 all major-generals. 
 
 COMMISSIONED AND NON-COMMISSIONED OFFICERS, HOW CHOSEN. 
 
 Sec. S. All other commissioned and non-commissioned officers 
 shall be chosen or appointed in such manner as the Legislature may 
 deem most conducive to the improvement of the militia, provided, 
 however, that no law shall be passed changing the existing mode 
 of election and appointment unless two-thirds of the members pres- 
 ent in each house shall concur therein. 
 
 OFFICERS, HOW COMMISSIONED. 
 
 Sec. 6. The commissioned officers shall be commissioned by the 
 Governor as commander-in-chief. No commissioned officer shall 
 be removed from office during the term for which he shall have 
 been appointed or elected, unless by the Senate on the recom- 
 mendation of the Governor, stating the grounds on which such 
 removal is recommended, or by the sentence of a court-martial, or 
 upon the findings of an examining board organized pursuant to 
 law, or for absence without leave for a period of six months or 
 more. 
 
 ARTICLE XIL 
 
 PROVISION FOR ORGANIZATION OF CITIES, INCORPORATED VILLAGES, ETC. 
 
 Section i. 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 assess- 
 ments, and in contracting debt by such municipal corporations. 
 
 CLASSIFICATION OF CITIES, ETC. 
 
 Sec. 2. All cities are classified according to the latest State 
 enumeration, as from time to time made, as follows: The first class 
 includes all cities having a population of two hundred and fifty 
 thousand, or more; the second class, all cities having a population 
 of fifty thousand and less than two hundred and fifty thousand ; 
 the third class, all other cities. Laws relating to the property, 
 affairs of government of cities, and the several departments thereof, 
 are divided into general and special city laws; general city laws 
 are those which relate to all the cities of one or more classes; 
 special city laws are those which relate to a single city, or to less 
 than all the cities of a class. Special city laws shall not be passed 
 
i86 THE GOVERNMENT OF NEW YORK. 
 
 except in conformity with the provisions of this section. After any 
 bill for a special city law, relating to a city, has been passed by 
 both branches of the Legislature, the house in which it originated 
 shall immediately transmit a certified copy thereof to the mayor 
 of such city, and within fifteen days thereafter the mayor shall 
 return such bill to the house from which it was sent, or if the 
 session of the Legislature at which such bill was passed has termi- 
 nated, 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 oppor- 
 tunity 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 transmitted to the mayor of each 
 city to which it relates, and shall not be deemed accepted unless 
 accepted as herein provided, by every such city. Whenever any 
 such bill is accepted as herein provided, it shall be subject as are 
 other bills, to the action of the Governor. Whenever, during the 
 session at which it was passed, any such bill is returned without 
 the acceptance of the 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 Legislature, and it shall then be 
 subject as are other bills, to the action of the Governor. In every 
 special city law which has been accepted by the city or cities to 
 which it relates, the title shall be followed by the words " accepted 
 by the city," or "cities," as the case may be; in every such law 
 which is passed without such acceptance, by the words " passed 
 without the acceptance of the city,'' or " cities,'' as the case may be. 
 
 ELECTIONS, HOW HELD. 
 
 Sec. 3. All elections of city officers, including supervisors and 
 judicial officers of inferior local courts, elected in any city or part 
 of a city, and of county officers elected in the counties of New York 
 and Kings, and in all counties whose boundaries are the same as 
 those of a city, except to fill vacancies, shall be held on the Tues- 
 day succeeding the first Monday in November in an odd-numbered 
 year, and the term of every such officer shall expire at the end of 
 an odd-numbered year. The terms of office of all such officers 
 elected before the first day of January, one thousand eight hundred 
 
THE CONSTITUTION. 187 
 
 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 i. Members of the Legislature, and all officers, executive 
 and judicial, except such inferior officers as shall be by law ex- 
 empted, 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 Constitution of the State of New York, 
 
 and that I will faithfully discharge the duties of the office of , 
 
 according to the best of my ability ; " and all such officers who 
 shall have been chosen at any election shall, before they enter on 
 the duties of their respective offices, take and subscribe the oath 
 or affirmation above prescribed, together with the following addi- 
 tion 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, contribute, 
 or offered or promised to contribute any money or other valuable 
 thing as a consideration or reward for the giving or withholding 
 a vote at the election at which I was elected to said office, and have 
 not made any promise to influence the giving or withholding any 
 such vote," and no other oath, declaration or test shall be required 
 as a qualification for any office of public trust. 
 
 BRIBERY AND CORRUPTION. 
 
 Sec. 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, any thing of 
 value or of personal advantage, or the promise thereof, for perform- 
 ing or omitting to perform any official act, or with the express or 
 implied understanding that his official action or omission to act is 
 
l88 THE GOVERNMENT OF NEW YORK. 
 
 to be in any degree influenced thereby, shall be deemed guilty of 
 a felony. This section shall not aflfect the validity of any existing 
 statute in relation to the offense of bribery. 
 
 OFFER OF BRIBERY A FELONY. 
 
 Sec. 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 receiv- 
 ing 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 off^ering of such a bribe. Any 
 person who shall offer or promise a bribe, if it be rejected by the 
 officer to whom it was tendered, shall be deemed guilty of an attempt 
 to bribe, which is hereby declared to be a felony. 
 
 Sec. 4. Any person charged with receiving a bribe, or with offer- 
 ing or promising a bribe, shall be permitted to testify in his own 
 behalf in any civil or criminal prosecution therefor. 
 
 FREE PASSES OR TRANSPORTATION, A MISDEMEANOR. 
 
 Sec. 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 conjunction 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 punishment except as herein pro- 
 vided. No person, or officer or agent of a corporation giving any 
 such free pass, free transportation, franking privilege or discrim- 
 ination hereby prohibited, shall be privileged from testifying in 
 relation thereto, and he shall not be liable to civil or criminal prose- 
 cution therefor if he shall testify to the giving of the same. 
 
THE CONSTITUTION. 189 
 
 REMOVAL OF DISTRICT ATTORNEY. 
 
 Sec. 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, sliall be removed 
 from office by the Governor, after due notice and an opportunity 
 of being heard in his defense. The expenses which shall be in- 
 curred 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. 
 
 Section i. Any amendment or amendments to this Constitution 
 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 amendments shall be 
 entered on their journals, with 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 amend- 
 ments 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 sub- 
 mit such 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 amend- 
 ment or amendments by a majority of the electors voting thereon, 
 such amendment or amendments shall become a part of the Con- 
 stitution from and after the first day of January next after such 
 approval. 
 
 CONSTITUTIONAL CONVENTION. 
 
 Sec. 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 ques- 
 tion : " 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 
 
I go 
 
 THE GOVERNMENT OF NEW YORK. 
 
 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 dele- 
 gates 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 com- 
 pleted. Every delegate shall receive for his services the same 
 compensation and the same mileage as shall then be annually pay- 
 able to the members of the Assembly. A majority of the conven- 
 tion shall constitute a quorum for the transaction of business, and 
 no amendment to the Constitution shall be submitted for 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 povkfer to appoint such officers, employees and assistants 
 as it may deem necessary, and fix their compensation and to pro- 
 vide for the printing of its documents, 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 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 election which shall be held not less than 
 six weeks after the adjournment of such convention. Upon the 
 approval of such constitution or constitutional amendments, in the 
 manner provided in the last preceding section, such constitution or 
 constitutional amendment, shall go into effect on the first day of 
 January next after such approval. 
 
 CONSTITUTIONAL AMENDMENTS TO SUPERSEDE AMENDMENTS BY 
 LEGISLATURE. 
 
 Sec. 3. Any amendment proposed by a constitutional convention 
 relating to the same subject as an amendment proposed by the Leg- 
 islature, coincidentally submitted to the people for approval at the 
 general election held in the year one thousand eight hundred and 
 
THE CONSTITUTION. 
 
 191 
 
 ninety-four, or at any subsequent election, shall, if approved, be 
 deemed to supersede the amendment so proposed by the Legislature. 
 
 ARTICLE XV. 
 
 Section i. 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. 
 
 Done in Convention at the Capitol in the city of Albany, the 
 twenty-ninth day of September, in the year one thousand 
 eight hundred and ninety-four, and of the Independence 
 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. 
 
INDEX. 
 
 Amendments, chap. 13. 
 Appeals, 58. 
 Appointments, 35-36. 
 Arraignment, 55. 
 Arrest, 53. 
 Assessments, 108. 
 Attorney-General, 34. 
 
 Bail, S3- 
 Ballot, 93. 
 
 Board of Regents, State, 128. 
 Boss in politics, 102. 
 Budget, State, 118. 
 Buffalo, City of, 78; legislative, 78; 
 executive, 79; judicial, 80. 
 
 Campaign funds, 99. 
 
 Canvass, 97. 
 
 Challenges, in trials, 56; in election, 96. 
 
 Cities of the second class, 80. 
 
 City charters, 72-73. 
 
 City schools, 131. 
 
 City tax, in.' 
 
 Civil cases, 51, 58. 
 
 Collection of taxes, in. 
 
 Commissioner of education, State, 127, 
 128. 
 
 Complaint, 52, 53. 
 
 Comptroller, State, 34, 118. 
 
 Compulsory education, 132. 
 
 Conventions, political, 90; constitu- 
 tional, 139. 
 
 Coroners' courts, 45. 
 
 County officials, 64-65. 
 County tax, no. 
 County, the, 64. 
 Court of Appeals, 41. 
 Court of Claims, 46. 
 Courts, 40 ff. 
 Criminal cases, 51. 
 
 Criticism of city governments, 80; 
 evils, 81; remedies, 82. 
 
 Debts, State, 120, 121. 
 Delegations to conventions, 92. 
 Divisions of State, 63. 
 
 Education, chap. 13. 
 
 Election districts, 94. 
 
 Election frauds, 98. 
 
 Elections, chap. 10. 
 
 Engineer and Surveyor,' State, 34. 
 
 Equalisation of assessments, 109. 
 
 Examinations, of prisoners, 53; in 
 
 schools, 134. 
 Executive, chap. 5. 
 Expenditures, State, 119. 
 
 Finances, State, chap. n. 
 
 Governor, duties of, 33; powers of, 
 
 36; veto, 38. 
 Grand jury, 54. 
 
 Impeachment, 41. 
 
 Independent nominations, 92, 104. 
 
 193 
 
194 
 
 INDEX. 
 
 Judges, 46-48. 
 Judiciary, chap. 6. 
 
 Jury. 55- 
 
 Jury system, defects of, 59; advantages 
 
 of, 60; necessity of reform, 61. 
 Justices of the Peace, 44. 
 
 Laws, how made, 27-28; delay, 48; 
 
 general and special, 72. 
 Legislature, chap. 3-4; restrictions, 
 
 120. 
 Lieutenant-Governor, 33. 
 Lobby, 28. 
 Local government, 68-69. 
 
 Machine in politics, loi. 
 Money-power in politics, 103-104. 
 
 National conventions, 90. 
 
 Newspapers, influence of, 84. 
 
 New York City, 74; legislative, 75; 
 
 executive, 76; financial, 77; judicial, 
 
 78; boroughs of, 78. 
 Nominations, 92, 93, 100. 
 Normal schools, 131. 
 
 Party system, good and evils of, 102. 
 
 Plea, SS- 
 
 Political parties, 87, organization of, 
 
 88. 
 Politics in schools, 135, 136. 
 Primaries, 89, 91, 100. 
 Private schools, 133. 
 
 Privileges of election, 87. 
 Procedure, rules of, 51; complications 
 in, 59. 
 
 Revenues, State, 117. 
 Rights, 7-10. 
 
 School commissioners, 130. 
 School districts, 129, 130. 
 School meetings, 129. 
 School trustees, 129. 
 Secretary of State, 34. 
 Sinking Fund, State, 121. 
 Special Schools, 132. 
 State tax, no. 
 Supreme Court, 42. 
 Surrogates' courts, 44. 
 
 Taxation, local, chap. 11. 
 Tax rates, ir4. 
 Teachers' licenses, 132. 
 Town, 65. 
 Town tax, no. 
 Treasurer, State, 34, 118. 
 Trial, steps in, 56. 
 
 Undervaluation, 113. 
 University of State, 127. 
 
 Village, 66-67. 
 Village tax, in. 
 
 Voters, qualifications of, lo-ii; edu- 
 cation of, 105. 
 Voting, process, 95-96.