New-York tribune. [volume], August 07, 1920, Image 14

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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LAWS OF NEW YORK
ON?
T?xpl?nation?Matter In iffiff?-"? I?, new;
matter In bracket? I 1 Is old law to bo
omitted.
STATE OF NEW YORK.
Office of the, Secretary of State,
Albany. Juli) 1? 1320.
Pursuant to the provision? of se?3tlon one
of articl.? fourteen of the Consttuitlon of
the stat* or New York, and section two I
hundred ninety-five of the HJlectlom Law,
notice Is hereby utA-en that the following '
propoeed ?memlnnnts to neetIons? two, j
four, five, eleven an?! twelve of articl??
seven of ih? Constitution of the Sfjiite of I
New York will be submitted to th?' people I
for th?? purpose of voting thereon at the;
nest general election to be h? i?l <m the
second ?lay of November, nineteen hundred ;
and twenty.
URANOS M H?OO,
Secretary of stale.
AMENDMENT NUMBER ONE
Concurrent Resolution of the Senate and .
Assembly Proposing t.i Amend Sections I
Two. Four. Five, Eleven and Twelve of
Article Seven of the Constitution, In 1
Relation to Debts Contracted by the I
State.
Section 1, Resolved (If the Assembly |
Concur), That sections two. four, five,
?l?ven and twelve of article ?even of the
Constitution be amended to read as fol?
lows:
t ?. Th? state msyf. to meet casual
deficit? or failures In revenues, or for ex?
penses not provided for, contract debts:
but such d?'l?t?. ?Hi?,of or contingent singl?
or In the aggregate, shall not at any time
exceed one million of dollars: arid the
moneys arising from the loans creating
such debt* shall be applied to the purpose
for which they were ?>l?tHineii. or to repay
the debt so contracted, and to no other
purpose whatever.] contract debts in antici?
pation of the rrcfii>t of taxes and revenues,
ftirecf or Indirect, for the purposes and ici'h
i'i Ihr amounts of appropriations theretofore
'?ad, ; bonds or other obligations for the I
moneys so borrowed shall be Issued us man ?
be provided ?>)/ In??, and ?.'in'.' with the inter- j
rst thenon he paid from such taxes and rev- ]
????i? within one year from the date of issue.
f 4. JCxcept the debts specified In sec?
tions two and thro? of this article, no j
debt's] shall be hereafter contracted by or
In behalf of this state, unless such debt
shall be authorized by law, for some single
work or object, to be distinctly specified
therein. [No such debt hereafter author?
ised shall be contracted f??r n period longer
than that of the probable lit'.? ,.f the work
or object for which the debt is to be con?
tracted to be determined by general laws,
which determination shall b.? conclusive,
r.or for more than fifty years from the
time of the contracting of such debt. A
debt hereafter contracted by the state,
pursuant to an authorization hereafter
made, and each portion of any such debt
from time to time so contracted, may. If
provldp'l by the law authorizing such d<
he paid In equal annual Instalments, the
frst of which shall be payable not more
than one year, and the last of which shall j
be payable not more than fifty years, after ,
such debt or porti?>n thereof shall have
been contracted. Such law shall if it au?
thorize the contracting of a debt payable
otherwise than in equal annual Instalments
Impose and provide for the collection of a
direct annual tax to pay. and sufficient to
pay, the interest on such debt an it falls
due. and also to pay and discharge tho
principal of such debt within fifty years
from the time of the contraciing thereof.
No law authorizing the contracting of a
debt pursuant to this section shall take
effect until It shall, at a genera! election.
have been submitted to the people, and
have receiveil a majority cif all the votes
cast for and against It at such election.]
'In the final passage of such bill In either
house of the legislature, tin? question shall
be taken by ayes and noes, to'be duly en?
tered on the journals thereof, and shall be:
"Shall this bill puss and "light the same
?o receive the sanction of the people"'' ,\'o
.'.?rich law shall tab'- effect until it shall, of n
.(/'lierai election, have been submitted to the
people, and hnvr recci cd a majority of all
'he votes cast for and agai ist it at such
election nor shall it be submitted to be voted .
on within three months after its passage
vor et any general election when any other
Ian- or any bill shall be submitted to b
v-oted for or against. 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 lia
lillity under such law. [but the tas. If any,
Imposed by such act, In proportion to the
debt and liability which may havqe been con?
tracted in pursuance of such law, shall re?
main In force and be Irrepealable, and be
annually collected, until the proceeds
thereof shall have made the provision
hereinbefore specified to pay and discharge
the Interest and principal of such debt and
liability.1
F.rcrpt the debts specified in sections tuo
and thr i of tl - article, all debts contracted
by tl., statt after January first, nineteen hun?
dred and twenty, pursuant to an authoriza?
tion therefor, heretofore or hereafter made
and each portion of any such debt from time
to time so contracted irrespective of the terms
of such authorisation, shall I,- paid in equal
annual instalments, tin first of which shall
if payabU not mon- than one year, and the
last of which shall be payablt not .-nur.- than
fifty years, after such debt or portion thereof
shall have been contracted. So such i?, ht
hereafter authoi ?y/ shall he contracted for
a period longer than that of the probable life
of the ivork or object for which the ciVbf is
to be contracted, to b- determined ],;, general
laws, which determination shall be conclusive.
The legislature won from time to time alter
the rate of interest to !>? paid upon any state
riebt which has been or may be authorized
pursuant to the provisions of this section or
upon am, part of such debt, provided, hoiv
erer. that the tale of interest sha'! not bi
altered upon any part of nah debt or upon
any bond or ollar evidence thereof which has
hern or shall be created or issued before
alteration.
The money arising from any loan [or
stock] creating such debt or liability shall
be applied to the work or objeel specified
in the act authorizing auch debt or liabil?
ity, or for the payment uf such debl or lia
blllty, and for no other purpose whatever.
[No su? h law shall be submitted to be
?"ted ??H within three months after it s
passage or at any gen ral election when
any other law, or any hill shall be sub?
mitted t?i be voted for or against. The leg?
islature may provide for the Issue of bonds
<?f the state to run for a period not exce? d
ing fifty veara In lieu of bonds heretofore
authorized but not Issued and shall impose
and provide for tho collection of a dlrecl
annual tax for the payment of the sain,? as
hereinbefore required, When any sinking
fund created under this section shall equal
.n amount the debt for which ii was creat?
ed, no further direct tax shall t.- levied on
account of said sinking fund and the 1. ??is
l.-Uure shall reduce the tux to an amount
equal to the accruing Interest on su? h deb?.
The legislature may from time to time
alter the rat. of Interest to be paid upen
any stale debt, which baa been or may be
authorized pursuant to the provisions of
this section, or upon any part of such debt,
provided, however, thai the rat" of Interest
shall not be altered upon any par! of such
debt or upon any bond or other evidence
thereof, which has been or shall bo creat?
ed cr Issued liefere such alteration. In
?ase th?? legislature Increase tho rate of In?
terest upon any such debt, "i part thereof,
it shall, if such debl I"? pa?, able otherwise
than In equal annual Instalments, impose
and provide for the collection of a direct
annual tax to pay and sufficient to pay the
increased or altered Interest on such debt
as It falls due and also to pay and. dis?
charge the principal of such debt within
fifty years from the time of the contracting
thereof, and shall appropriate annually to
?he sinking fund moneys In amount suf?
ficient to pay such Interest and pay and
discharge the principal uf auch debt when
It shall become due and payable]
| 6 The sinking funds provided for the
payment of interest and the extinguish?
ment of the principal of th" debts of the
state heretofore contracted shall he con?
tinued! they shall be separately kept and
safely Invested and neither of them shall
be appropriated ?-?r used In any manner
other than for [the specific purpose for
which It shall have been provided] such
payment and extinguishment as hereinafter
provided The comptroller shall each year
appraise the securities held for invest)
each of such funds at the
not exceeding par
and certift/ to the legislature the amount of
each of such funds and th, amounts which,
if thereafter anyually contributed to each
such fund, would with the fund and with the
accumulations thereon and upon the contri?
butions thereto, computed at the rate of
three per centum per annum, produce at the
date of maturity the amount of the debt to
retire which such fund was created, and the
legislature shall thereupon appropriate as the
contribution to eai >> such fund for such year
<it (?asi the amount thus certified.
If the income of any such fund, in any
year is more than a sum which, if annually
added to such (und, would, with 'lie fund and
its accumulations "as aforesaid, retire the
debt at matvrity, the excess income ?iajj bi
applied to the interest on the d'b! for which
the fund u os ci eali a
After any sinking 'und shall equal an
amount the ?lebt for which it ?us created no
further contribution shall ba made thereto
except to make good any losses ascertained
at the annual appraisals above mentioned,
I aid the income thereof shall be applied to
the payment of th* Interest on such d-ht
Any fjr'ss m such Income not required for
the payment of interest mny be applied to
thjs general fund Of the state.
The legislature may also by general laws
provide means and authority whereby out?
standing bonds of the state, for which sink?
ing fund* arc provided, may be exchanged at
par for cancellation, for serial bonds of the
form authorised und-1 section four of this
article, ujiyt such terms and conditions as
to interest and otherwise as It n ay ii its dis
cretion authorize or determine, except that
She debt as thus refunded sha:: ?nally ? ature
j)? tele? and at no greatci comparal vi cost
to th? state than the original debt; the deter?
mination of the legislature as t,, such laa
paratii't cost shall b< conclusive, .V... further
Contributions to the respective sinking funds
shall bi paid' on account Of bonds so c.- ?
changed find the proportion of any such sink?
ing fu*d which the amount of the bonds so
ershanged ajiall bear to the amount of bonds
outstanding of th, same issue way he appro
printed, as required, for the nayment of the
substituted ftniat bo'.ds
f it. [Tli? leflaiatur? may appropriate
am of any funde In the treasury, n? .??.-????
to ?pay the accrvtnf intertet ?nd principal
at any debl haretafar? a?* her**f;t?r ?i*
Ated, or any part thereof, and may, If such
tebt ba payable otherwiso that) la anauai
f their fair market value
He shall then d"irr>m,i(
LKWS OF NEW YORK
instalment?. *<?* apart In each fiscal year.
moneys In .tt-o ?tale treasury as a sinking
fund to pa,\??-,>?,. Interest as It falls due and
t?> phv and discharge the principal of anv
dobt her? to.Vjro or hi'teafter oroated under
section four of article seven of the consti?
tution until ?hi? ?nine shall bo whollv paid
and the pr1n cli*n and Income of such ?ink?
ing fund sh III be applied to the purpose
tot which sa VI sinking fund is create,! and
'<> no other impose whatever; and. In the
event such moneys so set apart In nnv
fiscal year be, BUfJflclont to provide such
sinking fund. *i direct annual tax for such
year need not die imposed ami collected, as
re.mired by Th.? provisions of said section
four ??f article ise\-??n. or of anv law enacted
In pursuance i .?jen-or. The legislature shall
annually as the. Mime ?ball fall due provide
by direct tax, Appropriation or bulb fur
the payment off the Interest upon and ?In?
stalments of principal of all debts created
?m behalf of ('.??.?? .state, payable In annual
Instalments, puri-uiant to seotlon four of
article seven, <ir ?if any law enacted In
pursuance there lif,') The legislature shall
annually provide- by appropriation for the
payment of the l.iDsrest upon and instalments
Of principal of aU debts created on behalf of
the state except V?io.vr contracted under sec?
tion two Of this artich . as the same shall
fall due. and for the contribution to all of
the sinkino fundsi heretofore created by law,
o> the amounts ?annually to be contributed
under the. provisions of section five of this
article. If at any time the legislature shall
fail to make a tit/ such appropriation, the
comptroller shall' set apart from the first
revenues therraftlrr received, applicable to
the general fund of the state, a sum. suffi?
cient to pay sudti interest, (nsfo/nirnts of
principal, or contributions to such sinking
fund, as the case may he. and shall so apply
the moneys thus sk-t apart. The comptroller
mm/ ba required t*> set aside and apply such
revenues as af,nvsaid. at the suit of any
^holder of such bo*<ts.
5 12. OebtR hereafter authorised for the
?improvement of 'highways shall be created
only in the )>iui?????i? provided In section four
of this article. A'o provision ot this article
shall be defined fo ?mpnir or affect the
validity of any debt of the state heretofore
contracted or any right or obligation herelo
fort created bc.ticc.en the state and any of its
.<ivil divisions
[A debt or de?bts of the state may be
authorized by law for th?> Improvement of
highways. Sure h highways shall be deter?
mined under general laws, which shall
also provide for tho equitable apportion?
ment thereof among the counties. The
aggregate of the debts authorized by this
section shall not at any one time exceed
the sum of fifty millions of dollars. The
payment of the annual interest on such
<1<-M and the ereatloYi of a sinking fund of
art least two per centum per annum to dls
cthnrgo the principal at maturity shall bo
provided by general laws whose force anil
effect shall not be diminished during the
existence of any ?lebt created thereunder.
?rim? legislature may by general taws re?
quire th?? county or town or both to pay to i
the sinking fund the proportionate part of j
the cost of any such highway within the
boundaries of such county or town an?! the I
proportionate part of the Interest thereon, |
but no county shall at any time for any
hlgh?way be required to pay more than
thirty-five hundredths of the cost of such
highway, ami no town more than fifteen
hundredths. Non?? of the provisions of the
fourth section of this article shall apply to
debts for the improvement ot highways
hereby authorized]
S 2. Resolved (If the Assembly concur),
Tlia.t tho foregoing amendment be submit?
ted to the people for approval at the gen?
eral election to be hebl In the year nine?
teen hunilr??d and twenty. In accordance
with the provisions of the election law.
STATE OF NEW YORK,
IN SENATES.
Apr. 16, 191?.
The foregoing resolution was duly passed,
a majority of all the Senators elected
voting In favor thereof.
By order of the Senate.
HA UKY C. WALKER,
Prvsidt nt.
STATE OF NEW YORK,
IN ASSEMBLY,
ApHI Is. 1919.
The foregoing resolution was duly passed,
a majority of all the members elected to
the Assen.hl> voting in favor thereof.
By order ot the Assembly.
THADDEUS C. SWEET.
Speaker.
. STATE OF NEW YORK. ?
Office of the Secretary of State. S ss,:
1 have compared the preceding copy of
concurrent resolution with the original
resolution <m tile In this office, and do
hereby certify that the same is a correct
transcript therefrom and of the whole
thereof.
Civen under my hand and the seal
of office of the Secretary of
il. SI State, at the city of Albany, this
first day of July in the year one
thousand nine hundred and
twenty.
FRANCIS M. HUGO,
Secretary of state.
TWO
Explanation Matter in italics Is new;
matter In brackets [ i is old ?aw to be
omitted.
STATE OF NEW YORK,
Office of the Secretary of State,
Albany, July 1, 1920,
Pursuant to the provisions of section one
of articl" fourteen of the Constitution of
the Slat- of New York, and section two
hundred ninety-five of the Election Law,
notice is hereby given that th?? following
proposed amendment to section one of
article two of the Constitution of the
state of New York Is referred to the
legislature t" he chosen at the next gen?
era election of senators In this state to
be held on the second day of November,
nineteen hundred twenty.
AMENDMENT NUMBER TWO
Concurrent Resolution of the Senate and
As--, mbly Proposing an Amendment to
Section ? ': ?? of Arl lele Two of the Con
! stltutlon, in Isolation to Qualification
! ol V..t. I?-'.
Section 1. R? solved (If the Senate c
cur), That section one of article two of
|:1... constitution b? amended to read ;
.....
? 1. Ev? ry eitlz.en of lh<- age of twent;
one vears, who shall have been a cltlze..
for nicety days, and an inhabitant of this
state one year next preceding an election,
and for tie? last four months a resident of
, tho countj and for the last thirty ?lays a
, resident of the election district in which
he or she may offer his or her vote, shall
be entitled to vote at such election In the
election district of uMiich he or she shall
nl the time bo a resident, and not else?
where, for all officers that now are or
hereafter may be elective by the people,
and upon all questions which may be sub?
mitted to the vote of the people, provided
however that a ?itiz?n by marriage shall
have been an Inhabitant ot the United
siat.s for five years; and provided that
In time of war ii" elector in the actual
military service of the state, or of the
United Staiis. in the army or navy thereof,
shall bo deprived of his or her vote by
reason of his or her absence from such
election district; and tho legislature shall
have powei to provide th" manner in
which and the time and place at which
such absein electors may vote, and for the
return and canvass of th'-ir votes [In the
election districts In which they respective?
ly reside |.
Xot v. ithstandinn the foregoing provisions,
after January first, one thousand nine hun?
dred and twenty-two, no person shall become
entitled to vote by attaining majority, by
naturalization or otherwise, unless such per?
son is also able, except for physical disabil?
ity, to read and writt English; and suitable
laws shall be passed by tin legislature to
enforet this provision.
? 2. Resolved (if the Senate concur).
| That the foregoing amendment be referred
? to the legislature to be chosen at the next
general election of senators, and In con
' formlty with section one of article four?
teen of ih" constitution be published tor
three months previous to the lime of such
election.
STATE OF NEW YORK,
IN ASSEMBLY,
Apr. II. 1919.
Thi-i bill was duly passed, a majority of
all the members elected to the Assombl>
voting In favor thereof, three-fifths being
present .
By order of the Assembly. '
THADDEUS C, SWEET.
Speaker.
STATE OF NEW YORK,
IN SENATE,
Apr. IS. 1919.
This bill was duly passed, a majority
Of all the Senators elected voting In favor
thereof, three-llfths being present.
By order of the Senate,
HARRY ?7 WALKER.
Presid? nt.
STATE i ?F NEW YORK, (.., .
Office of the Secretar?. f State. S '
I have ?. pared the preceding copy of
concurr? nt resolution with the original res?
olution on file In this office; ami do hereby
cert If? that the sano, is a t?, irret transcript
i Ii.r< m and of 11 e whole thereof
Cli?. en under rny hand and the seal of
office of tue Secretary ol State, at
i L. S.] the city ,,f Albany, this first?) day
of July in the year one thousand
ii no hundred and twenty.
ER \.\i'IS M. IIUUO.
Secretary of State.
THREE
Explanation Matter lu Italics is new;
matter In brackets I I is old law to bo
omitted.
STATE OF NEW YORK.
Office of the Secretary of state,
Albany, July 1, 1B20,
I'ursuant to the provisions of section ono
of article fourteen of tho Constitution of
tho State of New York, and section two
hundred nlnetj five of the Election Law,
notice is hereby given that tho following
propos,,i amendment to articl" two of th<>
Constitution of the state of New York Is
''?'?'?? red :.. "... ; gi? ;.,? ui ?? i ? be chosen at
tin next general electb n .?r senators lu this
s?'??" to tu held on i h4? second day of \'o
vember, nineteen hundred twenty,
FRANCIS M HUGO,
Sscr?. tary of State.
AMENDMENT NUMBER THREE
Concurrent Resolution of th" Se-mt" and
Assembly Proposing un Amendment to
Article Two o?* Ih" Constitution., Ill
R.-Ia, l?n to Abs. ni \ ol.is
BeotlOD 1, Resolved (If the Asswmblv
f.uW' *' W*!* twq of th? ooneiltu
1?? ?"??????led by Inserilnt therein a
new oeatlon, to ba eoctftin ?no-6, to r??,i
as follow?.
l-l-a. Ti2a.legjnim.tuta mai**, by geu?x*i
4
LAWS OF NEW YORK
law, provide ? mnnner In -which. a.nd the .
time and place nt which. Qualifie?! voter?
who may, on the occurrence of ajny general
election, he unavoidably ?b?ent fcrim the
state or county of their r'-nldenco ?because
their duties, occupation or business!require
them to bo elsewhere within tin? United
States, may vote, and for thn return and
i-aiivii?? of their votes I In the election dis?
trict In which they respectively rwdde).
II 2. Resolved (if the Assembly concur),
That th<? foregoing amendment bo, referred
to the legislature to be chosen at the next
general election of se?al?la and In con?
formity with section one o? nil hie four?
teen or the constitution be published for
three monlhn previous to the time of such
election,
STATE OF NEW YORK.
IN SENATE,
Apr. 15. 1920.
The foregoing resolution was duly passed,
n majority of all the Senators elected vot?
ing In favor thereof
By order of the Sernate,
HARRY C. WALKER.
/ President.
STATE OF NEW YORK
IN ASSEMBLY,
Apr. 2,1, 1920.
The foregoing resolution was duly I
passed, a majority of all the member's |
elected to the Assembly voting In favori
thereof.
By order of the Assembly
THADDEUS C. SWEET,
_ Speaker. ?
STATE OF NEW YORK )
Office of tho Secretary of state \ ** 1
I have oompnred the preceillng copv of I
concurrent resolution with the original ?
resolution on file in this ofllc?? and do
hereby certify that the sani" Is 'a correct!
transcript therefrom and uf th?> whole i
thereof. I
Given under my hand and the seul
of office of the .Secretary of)
[I,. S.] State, at the city ot Albany, this
first day of July in the year on? 1
thousand nlii" hundred und
twenty.
FRANCIS M. HUGO,
Secretary of State.
FOUR
Explanation. -Matter In i?nlirs Is new; j
matter in brackets ( ) is old law to be ?
omitted.
STATE OF NEW YORK. :,
Office of the Secretary of State, ;
Albany. July 1. 1920.
Pursuant to the provisions of section one
of article fourteen of the Constitution of '?
the State of New Y'ork, and section two |
hundred ninety-five of the Election Law,
notice is hereby given that the following?
proposed amendment to section six of ar?
ticle three of the Constitu? ion of the State?'
of New Y'lirk Is referred tf? the legislature
to be chosen at the next general election
of senators In this State to tie held on lh? j
second day of .November, nineteen hundred j
twenty,
FRANCIS M. HUGO.
Secretary of State. ?.
AMENDMENT NUMBER FOUR
Concurrent Resolution of tin? Senate and J
Assembly Proposing an Amendment to 1
Section Six of Article Three of tho Con- ?
Btitutlon, in Relation (o Compensation'
of Members of tho Legislature,
Section I, Resolved (if the Assembly ]
concur). That section six of article three
of the constitution be amended to read as j
follows:
5 (1. Each member of the legislature
shall receive for his services an annual i
salary of lone thousand flvo hundred) |
three thousand dollars. The members of j
either house shall also receive tho sum of
one dollar for every ten miles they shall
travel In going to and returning from their I
place of meeting, once In each session on j
the most usual route. Senators, when.
thn senate alone is convened In extraor?
dinary session, or when serving as mem?
bers ?f the court for the trial of Impeach- I
ments, an?! such members of the assembly.
not exceeding mm? In number, as shall be j
appointed managers of an Impeachment,
shall receive an additional allowance of t??n
dollars a day.
? 2, Resolved (if tho Assembly concur),
That tin? foregoing amendment be referred
to the legislature to be chosen ul the n?xt
general election of senators ami in con?
formity with section one of article four?
teen of the constitution be published for I
three months previous to the time of such |
election.
STATE OF NEW YORK,
IN SENATE,
Apr. 1, 1920.
The foregoing resolution was duly
passed, a majority of all the Senators
ebcted voting In favor thereof.
By order of the Senate,
HARRY C. WALKER,
President.
STATi-i i ? ' \.ORK,
IN ASSEMBLY,
..?.r. 14. 1920.
The foregoing resolution was. duly
passed, a majority of all the members
elected to the Assembly voting In favor
thereof. I
By order of th?? Assembly.
THADDEUS C. SWEET.
Speaker.
STATE OF NEW YORK. I ss ?
Office of the Secretary of State. y
I have compared the preceding copy of
concurrent resolution with tho original
resolution on file in this office, and do
hereby certify that the same is a correct
transcript therefrom and of the whole
thereof.
Given under my hand and the seal
of office of the Secretary of
[LSI State, at the city of Albany, this
first day of Juty In th" year one
thousand nine hundred and twenty.
FRANCIS M. HUGO,
Secretary of Stale.
FIVE
STATE OF NEW YORK,
Office of the Secretary of State,
Albany. July 1. 1920.
Pursuanl to the provisions of section on"
of article fourteen of the Constitution of
the State of ,\"w York, and section two
hundred nlnoty-flve o? the Election Law,
notice is hereby given that the following
proposed amendment to section seven of
article three of th.? Constitution of the
State of New York Is referred to the
legislature to be chosen at the next gen?
eral election of Senators in ibis state to
la held on the second day of November,
nineteen hundred twenty.
FRANCIS M. HUGO,
Secretary of state.
AMENDMENT NUMBER FIVE
Concurrent Resolution of the Senat?? nndj
Assemblv Proposing an Amendment to
Section Seven of Article Three of thei
Constitution, In Relation to Appoint?
ments of Members of the Legislature to I
the office of Notary Public.
Section 1. Resolved (if the Senate con- ?
cur?. That section seven of articli three !
of the constitution be amended to read as.
follows:
5 7. No member of the legislature shall ;
receive anv civil appointment within this:
stale or the senate of the United Suites. I
from the governor, the governor and sen- ?
ate, or from lb,? legislature, or from any
city government, during tin? time, for
which h" shall have been el?2cted [;],
and all such appointments and all vote?
given for any such member for any such :
office or appointment shall lie void; provided, i
however, that the legislature may provide by
law that any sucli member may be ap- i
pointed during such time to the office of j
notary public.
8 2. Resolved (If the Senate concur), ?
That the foregoing amendment be. referred
to the legislature to be chosen at tho next i
general election of senators a rid In con- j
formlly with section one of article four- :
teen of the constitution b<? published for
three months previous to the time of such]
election.
STATE OF NEW YORK.
IN ASSEMBLY.
Mar .'!. 1920
This bill was duly passed, a majority of
all the members elected '.o the Assemblv !
voting In favor thereof, ?three-fifths l-ing
present.
By order of the Assembly.
THADDEUSNC. SWEET,
Speaker.
STATE OF NEW (YORK,
IN SENATK.
Mar. 23, 1920.
This bill was duly passed, a. majority of ?
?.11 the Senators elected votitng in favor!
thereof, three-fifths being pressen*!.
By order of the Senat??.
HARRY C. WALKER.
President, i
STATE OF NEW YORK. ?
Office of the Secretary of State. S ss '? j
I have compared the preceding??copy of;
concurrent resolution with the original.
resolution on file In this office, land do !
hereby certify that th?? .same Is aVcorrect !
transcript therefrom and of the1 whole I
thereof.
Given under my hand and true seal of j
office of the Secretary of .'state, at !
[l?. S.] the city of Albany, this 'first day i
of Jul\ In the ?ear one' thousand\
nine Hundred and twenty.
FRANCIS M HUCK),
Secretary of S?tate.
SIX
Explanation.- Matter In faites? Is new; ;
matter In brackets [ ] Is old law j to bei!
omitted.
STATE OF NEW YORK.
Offlci? of the Secretary of State*
Albany, July 1, 1920. ,1
Pursuant to the provisions of section one'.
of article fourteen or the Constitution of
the State of New York, and section two !
hundred ninety-five of the Election Law, '
notice ig hereby given that the following
proposed anutvlmont to sections twenty
six and twenty-jioven of article three of the !
Constitution of the State of New? Y'ork Is :
referred to the ^legislature to be chosen at I
th?- next general election of senators In this
State t?? b" he'd on the second day of;,
November, nineteen hundred twenty.
FRANCIS M. HUGO,
Secretary of Sta'e.
AMENDMENT NUMBER SIX
Concurrent Resolution of the Senate and j
Assembly Proposing an Amendment to
Sections Twenty-six and Twenty-seven
of Article Three of the Constitution to
Enable the Legislature to Provide Forms j
of Government for th??-Counties of West- |
ehester and Nassau.
Section 1. Resolved (If the Assembly con- ?
cur), That sections twenty-six and twenty
seven of article throe of the constitution ?
be amended t?? read aa follows: '
i ?6. There tahal? bo In eurf'h county, ex
cspt In a county wholly lncliltled In a city, I
a board of ?up?rv|?ora, to b? comrosid of
?urh menibtrf in,) ?I.eU.f?; In such tnnnnir I
in., .v. ^.u.?.-. v.o.,,. i its i? i,,? o.ay be providea'
by ?law. Xha kjyu'ui.nrx' .may ft emit by law ?
LAWS OF NEW YORK
r_
?or forms of government for the counties of
H'rsfr'ie.vfrr and Nassau, or either, subject
,tn adoption and approval by the electors of
yfiniy .vtich county at a general election in an
odd-numbered year. Any such form of gov
?trrnmenf may Include the transfer to the
(county or to county officers of any functions
tynoto exercised by towns or town officers. The
lam providing for such form of government
?jnhfill also prescribe the mannst* in which
*?h? county affectai, may subsequently nbc.n
nlon it, and revert to its former form of gov?
ernment. The adoption of such form of
-government by the county shall not preclude
'?the. legislature from amending or modifying
-such plan. If under such form uf govern
jmrnf the board of supervisors be abolished,
''he powers and duties of the board of su per
rvlsors, as prescribed by the constitution, or
by statute if not provided for by such form
*<>/ government, shall devolve upon the govern?
ing elective body 111 .inch county. In n city
which Includes an entire county, or iwo or
vniore entire counties, the powers and duties
of a board of supervisors tnny be devolved
upon the municipal assembly, common onun
f'll. board of iildonneti or other legislative
body of the city.
,. S 27. The legislature shall, by general
liaws, confer upon tho boards of supervisors,
.or ofhrr governing elective bodies, of ihe sov
ieral counties of the state such further
?powers of local legislation and administra?
tion ?a the legislature may, from time to
time, deem expedient [. and II. In counties
?which now have, or hereafter hnve, county
??auditors <ir other fiscal officers authorised
??to audit bills, accounts, charges, claims or
?demands against tho county, tin? l?gisla?
ture may confer such powers upon [said]
?such auditors, or fiscal officers, as the legis?
lature may, from time to lime, deem expe?
dient.
5 2 Resolved (If the Assembly concur),
JThat tin? foregoing amendments In re?
ferred to the legislature to lie chosen at
fWhe next general election of senators and
In confoittnlty with section ?me of article
^'.fourteen of the constitution be published
?for three, months previous to the time of
?.'such election
STATE OF NEW YORK,
IN ASSEMBLY.
Apr. 24, 192').
,' Thls^tlll was duly passed, a majority of
(jail the members elected to the Assembly
'voting In favor thereof, three-fifths being
lpresen|t.
It?- order of the Assemblv.
THADDEUS C. SWEET,
Speaker.
STATE OF NEW YORK,
IN SENATE.
? Apr. 24, 1920.
tf This bill was duly passed, a majority of |
fall the Senators elected voting in favor j
(thereof, three-fifths being present.
By order of the Senate, i
HARRY C. WALKER,
President.
STATE OF NEW YORK, \ss ?
Office of the Secretary of State,?,
I have compared the preceding copy of ;
concurrent resolution with Ihe original1
1 resolution on til" In this office, and do
hereby certify that the same is a correct I
transcript therefrom and of the whole
^hereof.
Given under my hand and the seal of ,
office of tho Secretary of State, at
???[eL. S.] the city of Albany, this first day I
of -Inly In the ?ear one thousand
nine hundred twenty.
FRANCIS M. HUGO,
Secreto)-!/ of state.
SEVEN
Explanation.- Matter In italics Is new;
matr-er In brackets I I is ohl law to be
omitted. ^
STATE OF NEW YORK,
Office of tho Secretary of State,
Albany, July 1, 1920.
Pursuant to tin? provisions of section one
of article fourteen of the Constitution of
the State of New York, ami section two
hundi?! nlnety-Ilve of ihe Election Law,
notice Is lico'Lv given that the following
proposed amendment to section nine of
article five of ih" Constitution of the State
of New Yuri?; is referred m Ihe legislature
to be chwsen ai th?? next general election of
senators in this Stale t.. be held on the
second day of November nineteen hundred
twenty.
FRANCIS M. HUGO,
Secretary of State.
AMENDAIENT NUMBER SEVEN
Concurrent Resolution of the Senat" and
V-semblv Proposing an .V<nendm?nt to
Section Nine of Article Five of the Con?
stitution, in Relation to Preferences, in
Employment ami Promotion, of Soldiers,
Sailors ami. Marines.
Section 1. Resolved (if the Senate con?
cur). That section nine of article live of
the Constitution .-:?? amended to read as
follows;
S 9. Appointments am! promotions in
the civil service of the state, and of all
ihe civil divisions thereof, including cities
and villages, shall be made according to
merit ami fitness to be ascertained so fai?
ns practicable, by examination?, which, so
'ar as practicable, shall I'?? competitive;
provided, however, thai honorably dis?
charged soldiers [and] sailors [from] and
marines who shall haw sewed as such ,n the
army [and] navy or marine corps of the
United States In [the late civil] (?aie of
war who are citizens and residents of
this, state, shall be entitled to preference
in appointment and promotion without re?
gard? io their standing on any list from,
which such appointment or promotion may 1
be made; provided the new residents of this
state, at the time th,? entered said army. I
non/, or 7-irtrnic corns: and provided also <
thai soldiers, sailors ana marines who serried j
?a the civil war shall haw preference over
all otJiers on the same list. I
Lav.?s shall be made to provide for the ;
enforcement of this section.
(j 2. Resolved (if the Senate concur),
That the foregoing amendment be re?
ferred to the legislature Io be chosen at ;
the next general election of senators ami ?
in conformity with section one of artlcli j
fourl.?. of lh" Constitution be publish
for ihr.nonths previous to the time
such election.
ST ATI?; ?U* NEW YORK.
IN SETZTE,
^ .I/o-. 19, 1919.
Th? foregoing resolution was duly passed,,,
a majority of all lh.? Senators elected vot-^
lug In favor thereof.
By order of lh" Senate,
HARRY O WALKER.
President.
STATE OF NEW YORK,
IN ASSEMBLY,
Apr. 19. 1919.
Th" foregoing resolution was duly passed,
a majority of all th.? members'elected to.
ih.? Assemblv voting in favor thereof.
By order of tin? Assembly,
THADDEUS C. SWEET,
Speaker.
STATE OF NEW YORK /
Office of the Secretary' of State,1, ss-'
I have compared the preceding copy of
concurrent resolution with tin? original
resolution on file in this off., and do
hereby certify that the sano? is a correct
transcript therefrom and of tho who!,.
thereof.
Given under my hand and the seal of
offi.if the Secretary of Slate.
[U.S.] at the city of Albany, this first
day of July in the year one thou-,
sand nine hundred and twenty,
FRANCIS M. HUGO,
Secretary of State.
EIG 11T
Explanation.?Matter In italics is new;
matter in brackets [ ] Is old ?aw- to b??1
omitted.
STATE OF NEW YORK,
Office of the Secretary of state,
Albany, July 1, 1920.
Pursuant to the provisions of section one
of article fourteen of th.- Constitution oil
lh? Slate of New York, and section twrx j
hundred ninety-five of the Election Law. I
notice la hereby given that the following I
proposed amendments to aniel, ? five of!
the Constitution of the State of New York I
are referred to the legislature to be chosen
at the n?.>.t general election of senators in I
this Stale to be hold on the second day of
November, nineteen hundred twenty
FRANCIS M. HUGO,
Secretary of stale.
AMENDMENT NUMBER EIGHT
Concurrent Resolution or ihe Senate and
Assembly. Proposing Amendments to
Article Five of the Constitution. In Rela?
tion to State OtYicers and Departments
Section 1. Resolved (if the Assembly
concur), That article five of the constitu?
tion bo amended to read as follows:
S 1. The (secretary of state.] cornptrol
ler, [treasurer,] and attorney-general [and
state englu?e,? and surveyor] shall be
chosen ai a general election, at the times
and placea of electing th" governor and
lieutenant-governor a.id shall hold their
offices tor the same terms <i>. the govkrnor
and lieutenant-governor [two years excifpt as
provided In section two of this a nicle] The
comptroller shall be required: tli To audit
all vouchers before payment and all official
accounts: (2) to audit the accrual and col?
lection of all revenues and receipts; and i a )
to prescribe such methods of accounting as
are necessary 'or the performance ot the
foregoing duties. In such, respect tin legis?
lature shall define hit pencers and duties and
way also assign to him .supervision of the
accounts ?f any political subdivision of the
st<it.. but shall assign to him no adminis?
trative duties, excepting such as may be in?
cidental to tlie performance .of these func?
tions, any other provision of tills constitu?
tion to the contrary notltwitltstandlng. He
[Each of ihe officers In this article named, ex?
cepting the speaker of the assembly,] shall,
at stated times during his continuance in
office, receive for his servioes a compensation
which shall not be Increased or diminished
during the term for which h" shall hive
been elected; nor ?hall h" receive to his
use any fees or perquisite? of office or
other compensation. [No person shall be
elected to the office of sia'?- engineer and
surveyor who <? not a practical civil en
glneer. j
[5 2. The first election of &h, secretary
of state, comptroller, treasurer, attorney
general ami state engineer ami surveyor,
pursuant to this article, shall Trie held in
th? year one thousand eight huvdred and
ninety-five, and then- terms of otflce shall
begin on the first day of January follow?
ing, and shall bo for three years. At the
general election in the year one thousand
eight hundred ami ninety-eight, and every
two years thereafte.r, their successors shall
be chosen for the term of two yearsj
l? it. A superintendent of public works
shall be appointed by the governor, by
and with the advice and consent ot the
??mate, and hold hi? office until'the end
of th? term n< the governor hv ?horn he .
was nominate,;, ?n?1 until hm ?ut-epssor ??J
*?jM0aiA? AAil g-aaliflfix. Ho a%*\\\ receivti
LAWS OF NEW YORK
componsnllon to bo fixed hy law. Iln shnll
be required by law to give security for the
faithful execution of his otTlce before eh?
(??ring upon tho duties thereof, Ho shnll
be charged with Ihn execution of nil law?
relating to the repair and nn vlgi.it Ion of
the canals, and also of timan rclal lug to tin?
construction and Improvement of tho
canals, except so far as the execution of
tho InWH relating to such construction or
improvement shall b<> confined to the state
engineer ami surveyor; subject to tho con?
trol of the legislature, he shnll make th?
rulen and regulations for tho navigation
or use of the en nais. Ho may be suspend, d
or removed from office by the .goVerni
whenever, In bis Judgment, the public In
ter??sl shall so require; but In case of th*
removal of such superintendent of public
works from office, tho governor shall file
with th? secretary of slate ? statement
of the causa of such removal, add shall
report such remriv.nl and the cause thereof I
to the legislature nt It? n?xt session, The
superintendent of public works shall ap- I
point not mon? than three nsslstitht super?
Intendenh?, whose duties shnll lie pro?
scribed bv him, subleci to modification bv
the legislative, and who shall receive for
their services n compensation to te? fixed
by law. They shnll hold lh??lr office for
three years, subject i?i suspension or re?
moval by the superintendent of publie
works, whenever, In his Judgm?>nt. th" pub?
lic Interest shall so require. Any vacancy
in the office of liny such ItSrtlsturtt Super?
intendent shall be filled for th>? remainder |
of the term for which he was appointed,
by the superintendent of public work?;
but in ease of the suspension m? removal
of any such assistant superintendent by
him, he shall at once report Io the gov?
ernor. In writing, lh" cause of such re?
moval. All other persons employed 111 the
car?? and management of the canals, ex
.-M.pt collectors of tolls, and those In the
department of tho state engineer ami sur?
veyor, shnll be appointed by th" Superin?
tendent of public works, and bo subject
to suspension or removal by him. The
superintendent of public works shall per?
form all the duties of the former canal
commissioners and hoard of canal com?
missioners, as now deilar? d by law, uni il
otherwise provided by the legislature. The
governor, by and with the advice and con?
sent of the senate, shall have power to
fill vacancies In the office of superintend?
ent of public works: if the senate be not
In session, h" may grant commissions
which shall expire nt the end of the next
succeeding session of tho se?ale.]
[8 i- A superintendent of stale prisons
shall 1m appointed by the governor by and
with Uie advice ami consent of the sen?
ate, and hold his office for five years, un?
less sooner removed; he shall give secur?
ity in such amount, and with such sure
tlos as shall bo required by law? for the
faithful discharge of his duties; he shall
have the superintendence, management
ami control of .slate prisons, subject to
such laws as now ??xisi. or may hereafter
be enacted: he shall appoint the agents,
wardens, physlcluns and chaplains of the
prisons. Th.? agent and warden of each
prison shall appoint all othei officers of
such prison, except the clerk, subject to
the approval of the sanie by the superin?
tendent. The comptroller shall appoint
the clerks of the prisons. The superin?
tendent shall have all the powers and per?
form all the ?lutles not inconsistent here?
with, which wer?? formerly had and per?
formed by the Inspectora of stat" prisons.
The governor may remove the superintend?
ent for cause ?it any time, giving to him a
copy of the charges against him. and an
opportunity to be heard In his defense.]
15 5. The lieutenant governor, speaker
of the assembly, secretary of state, comp?
troller, treasurer, attorney general and
state engineer and surveyor shall be com?
missioners of the land office. The lieu?
tenant-governor, secretary of stale, comp?
troller, treasurer and attorney-general
shall be the commissioners of the ??anal
fund. The canal board shall consist of (he
commissioners of the canal fund, the state
engineer ami surveyor ami the superintend?
ent of public works. |
15 il. The powers and duties of th" re?
spective boards, and of the sevrai offi?
cers in this article mentioned', shjill bo
such as now are or hereafter may bo pre?
scribed by law.]
19 7. The treasurer may be suspended
from office by the governor, during the
recess of the legislature, and until thirty
days after the commencement of tho next
si'sslon of the legislature, whenever it shall
appear to him that such treasurer has, In
any particular, violated his duty. The
governor shall appoint a compilent person
to discharge the duties of the office during
such suspension of lhe? treasurer.)
? 2. There shall be the following civil
departments in the state government: 1
Executive; 2, Audit and control; .1, Taxation
and finance; (, Law; :,. State; ?;, Public
ivories.; 7, Conservation; ??'. 4f/r?'cu/fi?re ?art
markets; >.i. Labor; to. Education; 11,
Health; 1!. Mental hygiene, charities and
correction. /.,', Public service; I;. Banking;
i:,. Insurance; ,,;, ,?,???/ service; IT. Military i
and naval affairs; ?s. Architecture.
3 ?'!. At the session immediately following]
the adoption ot this article the legislature]
shall provide by law fol- the appropriate as?
signment, to take effet not earlier than the
first dan of January, one thousand nine hun?
dred and twenty-two, of all the civil admin?
istrative and executive functions of the slate
government, to the several departments in
this article provided. Subject to the limita?
tions contained in this constitution, the legis?
lature may from time to time assign by law
new ?lowers- and functions to departments,
officers, boards or commissions continued or
created under tins constitution, ami increase,
modify or diminish their powers anil func?
tions. Xo specific grant of poner herein to
a department shall prevent the legislature I
from conferring additional powers upon such i
department. No new departments shall be'
created hereafter but this shall not prevent \
the legislature from creating commissions for i
special purposes and nothing contained in this |
article shall ?orient the legislature ?rom re- i
ducing the number of departments as pro- !
vided lor m this article hu consolidation or,
oth.cmei.se. The elective state officers in onice ?
at the time this article as amended ?
tal;es effect shall continue in oiiicc until the
end o? the terms for which they were elect?
ed. Pending the assignment of the civil ad?
ministrativ" and executive functions by the
legislature pursuant to the directions of this i
?ec?l'oii, the powers and duties of the several]
departments, boards, commissions and officers ;
I101U existing are continued. Subject !o the ;
power of the legislature to reduce the number
of officers, when the powers and dittos of i
any existing office are assigned to any de?
partment, the officers exercising such poivcrs \
shall continue in office in such department, ;
and tluir term of office .shall not he short' tu d .
by such assignment.
? ?! The head of the department of audit
and control shall lie the comptroller, and of
the department of law, the attorney-general.
Crept as otherwise provided in this eonsti
tution, the heads of all other departments I
anil the members of all boards, commissions !
and councils mention,,I ill this article shall,
b, appointed by the governor by and with the
advice and consent of the senate and may be
removed by tin governor, in " manner to be
prescribe,/ bv law. The heads of the, respec- \
tive departments of education and o/ agricul?
ture and markets, mental hygiene, charities]
and correction shall be appointed in a man-1.
ner to be prescribed by law.
? [8] J. All offices Tor the weighing,
gauging, measuring, culling or Inspecting
any merchandise, produce, manufacture or
commodity whatever, are hereby abol- I
Ished; and no such otfi.-e shall hereafter be j
created by law; but nothing In this section
contained shall abrogate any office created
for the purpose of protecting the public j
health or the interests of the state in Its
property, revenu,?, tolls or purchases, or
of supplying the people with correct
standards of weights and measures, or
shall prevent the creation of any office j
for such purposos hereafter.
< [9] i,7 Appointments and promotions
in'rJi" civil service ot the state, and of all
the civil divisions thereof, including cities
? ?d villages, shall be made according to.
merit and fitness to bo ascertained, so far
as practicable by examination, which, so
far as practicable, shall be competitive;
provided, however, that honorably dis-'
charged soldiers and sailors from the
arm: and navy of the United States ir.
the Tlate civil war. who are citizens and
resldients of this state, shall be entttled to j
preference In appointment and promotion ?
wlihonn regard to their standing on any |
list tsoxn which such appointment or pro?
motion may be made. Laws shall bo
made to provide for the enforcement of
this section.
$ 2. Resolved (If the Assembly concur),
That x'.he. foregoing amendment bo referred j
to the legislature to bo chosen at the next ?
general election of senators, and In con- j
fortuity with section orte of .".rticle four-:
t,?en of the constitution be published for ?
three months previous to tho time of such
elect ion.
STATE OF NEW YORK.
IN SENATE,
Apr. 24. 1920
The foregoing resolution was duly
passed, a majority of all the Senators
elected voting 111 favor thereof.
By ordei of the Senate.
II ARI.Y .'. A.? LK 7717.
President.
STATE OF NEW YORK,
IN ASSEMBLY.
Ayr. 24, 1920.
The fonegoing resolution was duly
passed, a majority of all the members
elected to th?? Assembly voting In favor
tht reof.
By order of the Assemblv,
T. C. SWEET.
STATE OF NEW YORK. I
?frico of the Secretary of State. }??? ?
1 have compared tho preceding copy* of
concurrent resolution with the original
resolution on til?? In this office, and do
hereby certify thai.ihe came is a correct
transcript therefrom a'n.l of th?? wind.
thereof.
Given under my heivl an! the seal o.'
office of tho Secretar?, of State, at
it|L. P.] ih" city "f Albany, this first dav
"f .luly In the year me thousand
nine hundred and twenty.
FRANCIS 7.1 HUGO,
Secretary of State.
NIN E
Explanation?.Matter In italics Is new;
matter in brackets [ ] Is old law to be
omitted.
STATE! OF NEW YORK.
Office of th" Secretary of State,
Albany. July 1, 1021V
Pursuant to the provisions of section
?ne of article fourteen of the Constitution
of the Stats of New York, and section two
hur,lr?d ninety-flv? of th? Election Law
inotlccj la hereby alven that '.he following
proposed ?men do? eats to nrnele S ve o? ta?j
LAWS OF NEW YORK
Constitution of the State of New York ?re
referred to the legislature to b* chosen
nt tho ii"Xt general election of senators In
this State to bo held on tho second day
of November, nineteen hundred twenty. -
FRANCIS M. HUOO,
Secretary of State.
AMENDMENT NUMBER-NINE
t'otlrtirreht resolution of th" Pehnte and As?
sembly proposing AtriehilrtlcNtn to Article
Five of tho Constitution, In relation to
stnto tit?lcern ntnl departments,
Section 1, Resolved (If tile Assembly
concur). Thnt article five of th* consti?
tution he amended to r"a?l as follows:
? 1. The [secretary of state,] oomptrol
ler, treasurer, and attorney-genera) land
-date engineer and surveyor] shall be
chosen at a general election, at the times
and [?laces of electing the governor and j
lieutenant-governor, and shall hold their
Offices Cor the same terms as the governor !
and lieutenant-navei nor [two years, except as !
j provided In section two of this article]. The
\ rompt roller shall be required: fll to audit \
all vouchers before payment and all official
accounts; (g) *o audit the accrual and col- I
lection of all revenues and receipts; and (S) !
to prescribe such methods of accounting as ,
arc necessary for Ihe performance of the j
foregoing duties. In such respect the leyis- I
tature shall define his powers aval duties and ?
may also assign to him supervision of the !
accounts of any political subdivision of the. |
state, but shall assign to him no administra- |
? fire inities, excepting such as may be inei- j
dchtdl to the performance of these functions,]
any other provision of this constitution to the i
? contrary notwithstanding. lie [each of the :
I officers In this article named, excepting the
speaker of lh" assembly,J shall, at stated
times during his continuance In office, receive
for Ids services a compensation which shall j
not be Increased or diminished during tho
?term for Which he shall have been elected; I
nor shall he receive to his use any f?>es fir j
perquisites of office or other compensation. '.
I No person thall be elected to the office of]
slat" engineer and surveyor who Is not a
practical civil engineer.]
18 2. Tho first election of the secretary
of state, comptroller, treasurer, attorney
general and stale engineer and surveyor,
pursuant to this article, shall be held in
the year one thousand ??ight hundred atld
ninety-five, and their terms of office shall
begin on tin? first day of January follow?
ing, and shall be for three years. At the
general election In the year one thousan-1
light hurfdn-d and ninety-eight, ami every
two years thereafter, th??lr successors shall [
be chosen for th.- terni of two years.]
[?J 3. A superintendent of public works
shall be appointed by the governor, by and
with the advice and consent of the senate,
I and hold his office until th? end of th.?
| term of the governor by whom he was
! nominated, ami until his successor Is ap
; pointed and qualified. He shall receive a
[ compensation to be fixed by law. He shall
! bo required by law iu give security for the
? faithful execution of his office before en?
tering upon the duties thereof. He shall
? be charged with the execution of all laws
; relating to the repair and navigation of
I the canals, and also of those relating to
! the construction ami Improvement of the
| canals, except so far as the execution of
tho laws relating to such construction or
I Improvement shall be confided to the state
, engineer and surveyor; subject to the
control of the legislature, he shall make
the rules and regulations for the naviga?
tion or use of the canals. He may be sus
pended or removed from office by the gov
I iTtior, whenever, in his Judgment, the pub
1 lie Interest shall so re,|ulre; but in caso
! of the removal of such superintendent of
public works from office, the governor
i shall file with the secretary of state a
? statement of tho cause of such removal,
and shall report such removal and the
! cause thereof to tho 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 mod?
ification by the legislature, and who shall
receive for their services a compensation
i to be fixed by law. They shall hold their
office for three years, subject to suspen?
sion or removal by the superintendent of
public works, whenever, in his judgment,
the public interest shall so require. Any
vacancy in the office of any such assistant
superintendent shall be filled for the re
i malndcr 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 superintend?
ent by him. he shall at once report to the
governor. In writing, tho cause of such re?
moval. All other persons employed In the
care and management of the canals, ex?
cept collectors of tolls, and thosa in the
department of the state engineer and sur
veyor, shall be appointed by the superin?
tendent Of public works, and be subject to
suspension or removal by him. The super?
intendent of public works shall perform all
the dinb-s of tli?. former canal commis?
sioners and board of canal commissioners,
as now declared bv law, until otherwise
provided by the legislature. The gov?
ernor, by and with the advice and consent
of the senate, shall have power to fill va?
cancies in the office of superintend? nt of
public works: if th,? senate be not in ses?
sion, he may grant commissions which
shall expire at the end of the. next suc?
ceeding session of the senate.]
l? I. A superintendent of stat?? prisons
shall be appointed by the governor, by and
with the advice and consent of the sen?
ile, and hold his office for live years, un?
less sooner removed; he shall give security
in such amount, and with such sureties
as shall b?? required by law for the faith?
ful discharge of his .lulos; he shall have
the superintendence, management and con?
trol of state prisons, subject to such laws
as now exist or may hereafter be enacted:
h" shall appoint tho agents, wardens,
physicians and chaplains of the prisons. :
The agent ami warden of each prison
shall appoint all other officers of such |
prison, except th???clerk, subject to the
approval of the same by the superintend?
ent. The comptroller shall appoint the
clerks of th? prisons. The superintendent
shall have all the powers and perform all
tin? duties not Inconsistent herewith.
which were formerly had and performed
by i-he inspectors of state prisons. Th"
governor may remove the superintendent !
tor cause at any time, giving to him a
copy of the charges against him, ami an
opportunity to be heard in his defense.]
[? 5. The lieutenant governor, speaker
of the assembly, secretary of state, comp- I
troller, treasurer. attorney-general and i
state engineer and surveyor shall be corn- I
missioners of the land office. The lieu- I
tenant-governor, secretary of stifte, comp?
troller, treasurer and attorney-general
shall be the commissioners of the canal
fund. Tho canal board shall consist of
the commissioners of the canal fund, the
state engineer and surveyor and th<? super [
Intendent of public works]
[? 6. The powers and duties of the re?
spective boards, and of the several officers
in this article mentioned, shall be such I
as now are or hereafter may be prescribed
by law.]
15 ?. The treasurer may be suspended i
from office by tho governor during the ?
recess of the legislature" and until thirty
days after th" commencement of the next j
session of the legislature whenever it shall ;
appear to him that such treasurer has, In
any particular, violated his duty. The :
governor shall appoint a'competent per- I
son to discharge th" duties of the office I
during such suspension of the treasurer.]
8 2. There shall be the following civil de- j
partments in the state government: I,,
Executive : ??, Audit and control; S, Taxation;!
i, Flnanct : S. Laic; e,. state; 7. Public',
works; S, Conservation; 9. Agriculture and]
mark. Is; to, Labor; 11. Education;'.
11, Health : 13, Mental Hygiene; I ',, Charities ;
IS, Correction; I?, Public service; 17. ltank
ing ; 13, Insurance; m. Civil service; so,
Military and ?o-al affairs; :t. Architecture.
?j 3. .11 tht session hnmt diatcly /? ?Ion Ing
th, ado..t.on of this article the legislature i
shall providt by law for the appropriate as-A
signmenl, to take effect ,.,>? earlier 'kan the
first day of Jo xuary, one thousand nme hun?
dred and tiecnty-tico, of all the civil admin?
istrative and executive functions of the state
government, to the several departments in
this article provided. Subject to the Umita- '
fions contained ill tilia constitution, the 1< s/is
tature may from time to tune assign by ?au?
nar ?lowers and functions to departments,]
officers, boards or commissions continued or i
created under this constitution, and increase,
modify or diminish their powers and func- !
fions. .Yo specific grant of power herein to a
department shall prevent the legislature ?
from conferring additional powers upon such |
department. A'o new department shall be \
created hereafter but this shall not prevent]
the legislature from creatina commission for
special purposes and nothing contained in this
article shall prevent the legislature from re- ?
ducing 'he number of departments as pro?
vided for in this article, by consolidation or]
otherwise. The elcctivi stati offlc rn in of-\
??-?? at the time this arffel.i amended takes
effect snail continu, hi offlc until tht end of]
tP- ;, ?, .... for ich . h tht >? " en U ? ?< d P, nd
in-i the as mim., nt of tht cfi ' administrative
and ' '" ?five function . by '?'? '? uislaturr.
pursuant to the directions o) this section, the]
,.,..,-, rs and duties of thi rv> ral dt part?
ments, boards, commis ions and offices now
existing art continued Subject to tht power
of the legislaturt to reduce tht. number of
officers, when the powers and duties of any',
existing o?ice art assigned to any depart?
ment, the oilers exercising such powers
shall continu,- in office in such department,
and their term of office shall not be short?
ened bjy such as.-iifliinifitt
5 4. The head of the department of
finance shall be the treasurer; of the depart?
ment of audit and control, the comptroller, ;
and of the department of law, the attorney- i
general. Except as otherwisi provided in
this constitution, the heads of all other de- ]
partments and the members of all boards.,
commisse,,is and councils mentioned in this
article shall l,< appointed by the governor1.
by and - '.nth the advice and consent of the
scnatt and may '?? removed by the governor. ,
in f.? mannet f" l?< l?;'' cri'oed by law The]
heads of the >? ucetlve departments of edu?
cation and of agricvlturt and markets, men?
t?! hygiene, charities and corree ion shall be
appointed in a manner fo bt pn cubed by j
late.
; [8] 5. AU offices for the weighing,
gauging, measuring, culling or inspecting !
any merchandise, produce, manufacture
or'commodity whatever, are hereby abol
lsh??d: and no such office shall hereafter
be carried by law; but nothing in this
section contained shall abrogate any office
created for the purpose of protecting th"
public health or the interests of the state
In Its property, revenue, tolls or purchases,
or of supplving the people with correct
standards of weighls and measurea, or
shall prevent th.? creation of any office
fo. such purpose? hereafter, '
I i?J ?*. AppalmroeniB and promotions la
LAWS OF NEW YORK
th* civil servie* of th* stnt?. and of nil
th* civil divisions thereof. Including cities
nrid village?, shall b" mad?, according to
mnrlt nrid fitness to be ascertain'''. SO far
as practicable-, bv examination, which, so far
us practicable, shnll be competitive; pro- i
vlded however, that honorably discharged
Soldier? and snllnr* from th? army and
navy of the Fnlt<-d States In th? lat? civil
war, who are citizens and residents of lifts
State, shnll bo entitled to preference in
appointment and promotion without r<??
gar?] to their standing on any list f<ir
which such appointment or promotion
iriBV be mnil". Laws shall be mad? to
provide for th? enforcement of this section,
I 2. Resolved ?if the Assembly concur,.
Thnt th* for-golng amendment be referred
to th? legislature to be chosen nt th? next
general election of senators, and in con?
formity with section one of article four?
teen of tho constitution b? publish? 1 for
three months previous to the time of su?h
election.
STATE OF NEW YORK
IN RENATE,
,1pr. 24, 1920.
Th? foregoing- resolution was duly
pasnnd, a majority of all the Senators
elected In favor thereof.
Hy order of the Senate.
HARPY C. WALKER,
President.
STATE OF NEW YORK,
IN ASSEMBLY.
Apr. 24. 1920.
The foregoing resolution was duly
passed, a majority of all th? rnemb'r?
elected to the Assembly voting [a. favor
thereof.
Py order of the Assembly,
T. (.*. SWEET,
S?,inker.
STATE OF NEW YORK,
Offlc? of th? Secretary o? State, ( 'i? '?
I have compared the preceding copy of
concurrent resolution with tho original
resolution on til? in this office, and do
hereby certify that th? same Is a correct
transcript therefrom an?! of the whole
thereof.
Given under my hand and th? s<-a! of
office of the Recretary of State at
[L. S] the city of Albany, this first da)
of July In th? year "tie thousand
nine humlrcd und twenty.
FRANCIS M. HUGO,
Secretary of sure
TEN
Explanation --Matter in italics Is n?w ;
matter in brackets [ ] Is old law to be
omitted.
STATE OF NEW YORK,
Office of the Secretary of State,
Albany, July I, 1320.
Pursunnt to the provisions of section one
of article fourteen of ?!?..? Constitution of
the State of New York, and section two
hundred ninety-five of the Election Law,
notice is hereby given that the following
proposed amendments to article five of the
Constitution of th" State of N? w ?
referred to lh? legislature to !>? ehoa n ftl
th? next general election of senators In
this State to be held on m? secon?! day of
November, nineteen hundred twenty.
FRANCIS M. HUGO,
Secretary ??? State.
AMENDMENT NUMBER TEN
Concurrent Resolution of the Senate and
Assembly Proposing Amendments to
Article Five of th? Constitution. In
Relation to Stato Officers and Depart?
ments,
Section 1. Resolved fif th" Ass- ? bly
concur), That article five of th?? constitu?
tion bo amended to road as follows:
S 1. The [secretary of state,] comp?
troller [treasurer.] and attorney-general
[and state engineer and surveyor] shall be
chosen nt a general el"?'Ion, at the tim.-s ami
places of electing the governor end lieuten?
ant-governor, and shall hold their offlcee for
the samt terms o.?. tin governor and eutt
ant-governor [two years except a- i
In section two of this article], Tht
trailer shall be required: (1) To audit all
vouchers before payment and all offl, -?- at
counts; i2) to audit the accrual ? ???' collec?
tion of all revenues and. receipts; and
?inscribe such methods of accounting as ar,
necessary for the performance of 7'':?' ' ' -
going duties. In such respect ":? Icpis/atifn
shall define his powers and duties ai
also assign to him supervision of
counts of any political subdivision of the
state, but shall assign to him no adn
five duties, excepting such as may be inci?
dental to the performance of tins,- fund
any other provision of this constitutlo . :<?'??
contrary notwithstanding. He [Each of the
officers in this article named, excepting the
speaker of the assembly.] shall, at stated
times during his continuance In office, receiv?
for his services a compensation which shall
not be Increased or diminished during the
term for which he shall have been
nor Bhall'he receive to his use any fees or
perquisites of office or other compensai on
[No person shall be elected to the ofti
state engineer and surveyor who is not a
prai : leal civil engineer, i
| jj 2. The first election of th retar;
of slate, comptroller, treasurer,
general ami state engineer and surveyor,
pursuant to this article, shall be held in
the vear on? thousand eight hundred ? !
nin " . five, and their ten i I ?fl ice ...
h. gin on the first day of January fo
and shall be for thn e ycai s. At I ?
eral election In the yaar one thousan
hundred and ninety-eight, and ? very two
years thereafter, their successors shall be
chosen for the term of two years.]
]? ;t. A superintendent of public works
shall be appointed by the governor, by
and with the advice ami consent of the
senate, and hold his office until the end
of the term of the governor by whom 7
was nominated, and until his successor is
appointed and qualified. He shall receive
a compensation to be fixed by law. He
shall be required by law to give security
for th" faithful execution of his office be?
fore entering upon the duties thereof. He
shall h" charged with th,- execution of all
laws relating to the repair and na' i
of the canals, and also of those
to tli>? construction and Improvement
ih" canal.... except so far as Ihe execution
of th" laws relating to such construction
or Improvement shall be confined ; i the
stale engineer and surveyor; subject to the
cntrol of the legislature, he shall
the rules and regulations for the naviga?
tion or use of the canals, li? may be ? .
pended or removed from office >.-:- th?
governor, whenever, In his judgment, the
public interest shall so require; but in
case of the removal of such superint? n I. nt
of public works from office, the governor
shall fil" with the secretary of si ite
statement of the cause of such remo\ il,
and shall report such removal and the
cause thereof to th.? legislature t Its next
session. 'The superintendent
works shall appoint not more than three
assistant superintendents, ?.vh?.lutn -
shall be prescribed by him, subject to
fication by the legislature, ..!'<! ,vho
receive for their services a conipi i
to be fixed by law. They shall hold their
office for three years, subji ? ? to susp. ,i
sion or removal by the superintend' m oi
public works, whenever, in his judgment,
the public Inten st shall so rc?iuli
vacancy In the i ffice of ,<r.;. sui h
ant superintendent shall ??- filled for tho
remainder of the i erm for wl i :-. ,
appointed, by the superintendent or' pub It
works ; but In case of the sus] -. nsion or
removal of any such assistant superin?
tendent by him, ho sha ! it once reporl
to the governor, in writing, the cau
such removal. All other persons empluj ;
in the car.? and management of the canals
except collectors of tolls, and those In the
department of state engineer and irvej
shall be appointed by th.. superlnten
of public works, and 1>" subject to suspen?
sion or removal by him Tin supsrim ...
?nt of public works shall perform all the
duties of the former canal commlssi iners
and boa: d of cana: ... : ners, as ?. ? .?.
declared by law, until otherwise p uvided
by the I? glslature. i hi rovtrnor,
with the advice a nd cons? nt ot t h.
shall have powei to fill ... ...
office of superintend? nt oi publi : ?...? .
if ih' s"ii:it" be not in - ??.. ,.
Kraut commissions .?. hii h si
: he end of the nexl sue ceding
1 !;?? 81 lia t". ]
| S i. A supei Inten lent of ? prisons
shall be appoint",! by Hi gov? r.ior, - .
with the advic? and . onsenl of the s< n ite
and hold his oil i, ? Cor ... ...
sooner removed , he sh i II give
in such amount, and with such sureties
as shall be required by law for th?
fu! discharge of his duties; he shall have
the superintendence, management and ? ?.
trol of state prisons, subject i . such la . i
as now exist or may hereafter b" enaci i
he shall appoint the agents, wardei
physicians and chaplains ol thi ?
The agent and warden ol each ,.
.-hall appoint all other . ?li. era of
pri on, ? i. ept i:?- clci k, subji ?I to
proval ?if the s ? me by i he supi rint :
The comptroller shall appoint th
of the pi isons. 'I'm? sui . ten
have all ihe powers and pei :
duties P< i Inconslsl ent he
? ?i ? forim ? ;;. had and perl .? ?
Inspi tors of stal ;. . . .. .
ne;, remove i li?
?t any time, ?? . -
chargi .? against him, am! . . ...
to be h? ...d In his del
| S 5. Th ? lleut nani governed
the assembly, secretary of si it coil
'-?" >H? i". i'"1 usurer, att irm ?. yen? ral ',' >
stati engineer and survevor ?
missioners of the land office The I ? i
tenant-governor, secretary of late ,
troll, r, treasurer and atto
shall b? the commission,-,s
fund. The ranal board Bhal] coi
the commissioners of th- canil fund the
state engineer and surveyor and the super?
intendent of public works ]
; s 6. The powers and duties of the re?
spective boards, and of th? s ?. ???.,;
in ihls article mentioned, shall !??
as now an- or hereafter may .,- pn
b_, ^ jaw. |
I $ 7. The tri-asur?:- mav be suspended
from offici b, the govei nor, d . Ins
ieci-ss of the legislatui ?? an I n,tl
daj : ,i fter thi commi n ?ei ent if th
s. selon of th? legislatui ? w <?? . .
ai i" .ir i?, bim that . i, h ! ? , .
any pal lie liar, violated hi-? , ??
governor shall appoint ., com . ? ,
to discharge the dull i of the ?trie . ?
suet suspei sion of the tri
5 2. There shall be th, follov Ina
partments in the str,te ,,,,,,,,-..?, ,' ,
eeutiy?; 2. Audit and con:,;,I; ., Taxation]
i. Finance; , Law : .; statt , : Public
works; B. Conservation; .9. Agriculture and
markets; if) habor ; ip Education
li Health; IS. Mental hygiene- ?, chari?
ties'; li. Correction; 1?5. /?,!, .,,,,? 17
Banking; is, Insurance; in, Civil service'
no. Military and naval affairs.; it Archite?
i 3. At the session Immcdiatcli foil Is ?
the adoption of this article the l?gislature
LAWS OF NEW/jfOUK
shall provide by Jf/;/? far the appropi
signmcnt, to lake effect no' ear
f!,:t do,, of January, one thousand .
dr,,/ and t-, i,,',, ' do, of all tl
Istrative and <?-,,' ? functions of |
government, to the se-, ?ral d.rmri.
this artU le proi \ded Subject to lh> '
lions contained ?n >i-.is constitution, <,
latvrt may from time to time assign '
neu pmocrs and functions to dep,
officers boards or commissions
. ,,-,?/ und? r this constitution, ? ind ,
modify Or diminish tlwir pOWCrg ?,.
? . No specific grant of p'n er .
a department shall vevent 'h- ?,-.
from confi rring additional ponera ?.
departn rnt No neu departments .?;.???
created hereafter '<?<? this shall
the legislature from creating commit
tpecial purposes and nothing contai
"iii article thall prevent the Moisit' , -, ? ,
... .,. . :. _ .._,_ .. .,_.
i,.o the number of departm ?-.-? ?.
<
: ,ded for i,i this article, by consolid?t -
otherwise ? The elective ernte officers in ,i~-7.
ai the time this a,',, ir e,' ammdtd 'a; ?
effect shall continue. In office unt ! ??
the terms for which they :?-rt .'.??<,,,/
Pending the. a ? n I e.t the civil ad ,-,..'.
>rot{, .- and executive functions I . ??
tature ,,,., tuan? to the ?' rections of thi <?.
tion. the powers and dull-, 0f ,j,e ,,. ?.,-?'?,'
partments. board-., commissions and ?.'?',r,7i
no,, existing are e(mt:nwd. Subject
power of the w,r, tature to red ?? ?? , \. '
ber of officer*, when the powert and
any ir' ling office arc assigned to any ?fl
partmrnt, the o'free? exercising i??-'i j,wr,l
shall continue in office !n such iepa ? ????
ami tht i term ??< ? "<-r shall >?-,- ',.'.; -, I
hy sut h assignment
i 4. 77,- ; rod of fe- departn i
finance shall '?? the treasurer,
me,,' of audit and control, tl
and of 'in department of law, ? '??-,.
general ! rcept as er ? , J'
. the head
'?"? '.?'?.?/?
?i: ihn
? ? ... ... , .? by tl
.... i ,. .. ?
er to be prest ...-..,.
.,- ,; .. ...
and of ?
giene, charilii
poi ?ted ?? ?? man ? ? to I
i | 5. All offices f oi
n ring, filing ?
j
Il t y what <
and no such oft
. croi ted by iw; bul ? ? :,,,
I
for the : ,
health or tl I ,
propert reven ,.
?? - ?.
g ht s ?
;.:...!.'''????' ?
ter
' - -i
t h?' cI v11 p I
? ,
'. ?. 0
I
. .
:
-?
V. xi i t
i civil war,
of this ? a j
n without !??,
their standing ,
w hich bui h appoint - ay
be mad? ? - - to pi \le?
i for the enforcei
! 2. the A near),
Thai the foregolnfi \
: to the :.-.-" t tl neit
?
formlty with sect n ? ? fours
'.-??.' I
for ! : ? ' t
sue i -'..?. n.
- rATE OF n ::??'? v
IN SENA
'
The foregoing oljl
passed, a i n ttoni.
.
?. i.
- r '?-?' ? n -.v:.\ \
IN ASSEMBLY
A 1520
. ?????'1,
led la
ht As in fa roof
By or
T ' '. .-?-A EET,
ST -YTE ' ?F NEW 5 ?? iRK .. ,
i >;?: .? . ?- - ?? ? Secretarj ? ?: .-'- ite S
I 'have compared t h py of
concurrent . I
r? solut Ion ? n file in this :: ? .
i correct
transcript therefro : f ?-h..??j
thor of
Given und r my hand
. ??
[L. P.] tl A '. ? i'.ty
... lOd
nine hu
. it A ?. : -'
BLE
M " '??'-.
? t?? i*
on :.: '?
STATE OF NEW ?'OI
ol the Si : tary I State.
I 'urs jant to the provl n oni?
of articli fourl n of tl ? i n ol
the State of Nt-v I tion two?
hundred ninety-five of the K ?
notice Is hereb el ven tl
' ' l n ol
articl . ?: ? ? ? State
of Ni w 'i rk is ri ?'? rred
to be at tl n? lection
of senal : in this St ai to I th?
second day uf N ? ?
? ?
?O,
AMENDMENT NUMBER ELE' N
Concurrent Ji utior md
Pro] '???
.- . ? Con
titution. in
:' tho
. ui f Api
Si Lion 1. Ros. (if I :
neur), That
.::...? . ?
.
j 7 The ... - : ? ? -
:? shall consist
ill
mtil the e? I
?
sors, n ho snail h
- .. ? the
chief ju ? h)'
.,
. . . . ....
t ion. Five me i J
.-.
four sh ill be i ' ?
...
......
.
rt if y to 11 ' thai
?.
'"
...
four us
is
.
:
t the su
...
until t ... ,
court are .reduced to tw humi
they so.: I return to i J- ;
Tho govern?? ,'.'?'
' in to i ,
....;? ? a I
???::,
thi >.. '
''.
?. ?
r .un ? -
IN .
.
iregoing i
a nal
?. ?.
by on .
.si
?f
rent r?solu
?n?ie
thi i. ., .
Oiven und *eal ,
-
IL. S ] II: Ci .,.?'?,..
.1 uly In th ?
h un, i: di
FLA..? 'S 7 17? ?".
li
TW El
Explanation-?M
:.. . ?. -
?
,,l?
Pursuant!
of article fo
: ?
llntiC-? il ...
P , ; .... , .
art
ferred 7
. .
?jenaiori
s?-.?? :.d daj of Novom
twenty.
FRANCIS M I'V?'?*'.
'
AMENDMENT NUMBER TWEIA'B
?-. I
Assiiubiy Pri posing an Amendmeat??"*!