Imágenes de páginas
PDF
EPUB

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. Sheriff's shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer, in this section mentioned. within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense,

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 oflicers, 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 providel for by this Constitution, and all officers, whose offices may hereafter be createil by law, shall be elected by the people, or appointed as the Legislature mas direct.

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.

SEC. 4. The time of electing all officers named in this article shall be prescribed by law,

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,

Sec. 6. The political year and legislative term shall begin on the firs day of January; and the Legislature sball, every year, assemble on the first Wednesday in January.

Sec. 7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal.

SEC. 8. The Legislature may declare the cases in which any office shal. be deemed vacant when no provision is made for that purpose in this COD stitution.

SEC. 9. No officer whose salary is fixed by the Constitution shall receira 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 us any fees or perquisites of office or other compensation,

[ocr errors]

ARTICLE XI. SECTION 1. All able-bodied male citizens between the ages of eighteen an! forty-five years, who are residents of the State, shall constitute the militis, 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.

SEC. 2. The Legislature may provide for the enlistment into the setive force of such other persons as may make application to be so enlisted.

SEC. 3. The militia shall be organized and divided into such land 51.! naval, and active and reserve forces, as the Legislature may deem propr. ir vided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined

for active service. And it shall be the duty' of the Legislature at on to make sufficient appropriations for the maintenance thereof. 1. The Governor shall appoint the chiefs of the several staff depart* aides-de-camp and military secretary, all of whom shall hold office s pleasure, their commissions to expire with the term for which the shall have been elected; he shall also nominate, and with the consent ate appoint, all major-generals. 1. All other commissioned and non-commissioned officers shall be

appointed in such manner as the Legislature may deem most conthe improvement of the militia, provided, however, that no law shall changing the existing mode of election and appointment unless twothe members present in each house shall concur therein. s. The commissioned officers shall be commissioned by the Governor nder-in-chief. No commissioned officer shall be removed from office e term for which he shall have been appointed or elected, unless by e on the recommendation of the Governor, stating the grounds on h removal is recommended, or by the sentence of a court-martial, or findings of an examining board organized pursuant to law, or for ithout leave for a period of six months or more.

ARTICLE XII.

N 1. It shall be the duty of the Legislature to provide for the organcities and incorporated villages, and to restrict their power of taxasment, borrowing money, contracting debts, and loaning their credit, revent abuses in assessments and in contracting debt by such municirations; (and the Legislature may regulate and fix the wages or le hours of work or labor, and make provisions for the protection, welafety of persons employed by the State or by any county, city, town, other civil division of the State, or by any contractor or subcontractor Ķwork, labor or services for the State, or for any county, city, town, hther civil division thereof.]18

All cities are classified according to the latest state enumeration, me to time made, as follows: The first class includes all cities barlation of one hundred and seventy-five thousand or more; the second ities having a population of fifty thousand and less than one hundred y-tive thousand; the third class, all other cities. Laws relating to fy, affairs or government of cities, and the several departments thereided into general and special city laws; general city laws are those te to all the cities of one or more classes; special city laws are those te to a single city, or to less than all the cities of a class. Special shall not be passed except in conformity with the provisions of this fter any bill for a special city law, relating to a city, has been passed ranches of the Legislature, the house in which it originated shall y transmit a certified copy thereof to the mayor of such city, and een days thereafter the mayor shall return such bill to the house h it was sent, or if the session of the Legislature at which such bill d has terminated, to the Governor, with the mayor's certificate ating whether the city has or has not accepted the same. In every

first class the mayor and in every other city, the mayor and the body thereof concurrently, shall act for such city as to such bill; gislature may provide for the concurrence of the legislative body f the first class. The Legislature shall provide for a public notice tunity for a public hearing concerning any such bill in every city it relates, before action thereon. Such a bill, if it relates to more ity, shall be transmitted to the mayor of each city to which it relates, not be deemed accepted unless accepted as herein provided, by every

Whenever any such bill is accepted as herein provided, it shall hdment proposed and adopted by the legislature of 1902, re-adopted by the bf 1903, and ratified at the election of Nov. 7, 1905. The part enclosed in the amendment.

be subject as are other bills, to 'the action of the Governor. Whenever, during the session at which it was passed, any such billis 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 eity," or "cities," as the case may be. 19

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 Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shal. 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 and ninety-five, whose successors have not then been elected, which under exist ing 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 expirt in an even-numbered year, and before the end thereof, are abridged so ys to expire at the end of the preceding year. This section shall not appe to any city of the third class, or to elections of any judicial officer, exce judges and justices of inferior local courts.

ARTICLE XIII. SECTION 1. Members of the Legislature, and all oflicers executive 3.1 judicial, except such inferior officers as shall be by law exempted shall, befon 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 this duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof

“And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered o: 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 wan 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 sha! be required as a qualification for any office of public trust.

SEC, 2. Any person holding office under the laws of this State, who, excej in payment of his legal salary, fees or perquisites, shall receive or consent tas receive, directly or indirectly, anything of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty a felony. This section shall not affect the validity of any existing statute i relation to the offense of bribery.

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 punishmevi. except as herein provided. No person offering a bribe shall, upon any prus cution of the officer for receiving such bribe, be privileged from testifying ir.

19 Amendment proposed and adopted by the legislature of 1906, re-adopted by the legislature of 1907, and ratified at the election of Nov. 5, 1907.

ation thereto, and he shall not be liable to civil or criminal prosecution refor, if he shall testify to the giving or offering of such bribe. Any rson who shall offer or promise à bribe, if it be rejected by the officer to om it was tendered, shall be guilty of an attempt to bribe, which is hereby clared to be a felony.

SEC. 4. Any person charged with receiving a bribe, or with offering or mising a bribe, shall be permitted to testify in his own behalf in any civil criminal prosecution therefor.

Sec. 5. No public officer, or person elected or appointed to a public office, Her the laws of this State, shall directly or indirectly ask, demand, accept, eive or consent to receive for his own use or benefit, or for the use or efit of another, any free pass, free transportation, franking privilege or rrimination in passenger, telegraph or telephone rates, from any person or poration, or make use of the same himself or in conjunction with another. person who violates any provision of this section, shall be deemed guilty a misdemeanor, and shall forfeit his office at the suit of the Attorney-Gen1. Any corporation, or officer or agent thereof, who shall offer or promise 1 public officer, or person elected or appointed to a public office, any such

pass, free transportation, franking privilege or discrimination, shall also leemed guilty of a misdemeanor and liable to punishment except as herein

ided. No person or officer or agent of a corporation giving any such free $ free transportation, franking privilege or discrimination hereby prohibited, I be privileged from testifying in relation thereto, and he shall not be le to civil or criminal prosecution therefor if he shall testify to the giving he same. SEC. 6. Any district attorney who shall fail faithfully to prosecute a on charged with the violation in his county of any provision of this article :h may come to his knowledge, shall be removed from office by the Govr, after due notice and an opportunity of being heard in his defense. The nses which shall be incurred by any county, in investigating and proseig any charge of bribery or attempting to bribe any person holding office r the laws of this State, within such county, or of receiving bribes by such person in said county, shall be a charge against the State, and [ payment by the State shall be provided for by law.

ARTICLE XIV. SECTION 1. Any amendment or amendments to this Constitution may be used in the Senate and Assembly; and if the same shall be agreed to by a brity of the members elected to each of the two houses, such proposed amendt or amendments shall be entered on their journals, and the yeas and nays n thereon, and referred to the Legislature to be chosen at the next general ion of senators, and shall be published for three months previous to the

of making such choice; and if in the Legislature so next chosen, as esaid, such proposed amendment or amendments shall be agreed to by a ority of all the members elected to each house, then it shall be the duty the Legislature to submit each proposed amendment or amendments to people for approval in such manner and at such times as the Legislature I prescribe; and if the people shall approve and ratify such amendment mendments by a majority of the electors voting thereon, such amendment amendments shall become a part of the Constitution from and after the

day of January next after such approval. SEC. 2. At the general election to be held in the year one thousand nine dred and sixteen, and every twentieth year thereafter, and also at such s as the Legislature may by law provide, the question, "Shall there be invention to revise the Constitution and amend the same?" shall be decided the electors of the State; and in case a majority of the electors voting eon sball decide in favor of a convention for such purpose, the electors very senate district of the State, as then organized, shall elect three deles at the next ensuing general election at which members of the Assembly 11 be chosen, and the electors of the State voting at the same election

shall elect fifteen delegates-at-large. The delegates so elected shall conveni at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the 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 conventim.: the yeas and nays being entered on the journal to be kept. The conventia. shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall deter mine 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 constitotion or constitutional amendment which shall have been adopted by suet. 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 conventia Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or consist tional amendment shall go into effect on the first day of January next after such approval.

SEC. 3. Any amendment proposed by a constitutional convention relatine to the same subject as an amendment proposed by the Legislature, coincidenti submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent elective, shall, if approved. be deemed to supersede the amendment so proposed by the Legislature.

ARTICLE XV.

SECTION 1. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and ninety-five, except herein otherwise provided. Done in Convention at the Capitol in the ty of Albany, the twenty-nin

day of September, in the year one thousand eight hundred and ninetyy
four, and of the Independence of the t'nited 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.

« AnteriorContinuar »