« AnteriorContinuar »
ploying the same in any manner for their pri
ARTICLE VIII. vate use or benefit, and whenever any public. SEC. 6. All proceeds of lands now or hereafter funds are loaned or deposited, the interest or vested in this State, by escheat or purchase, or other consideration received therefor shall be forfeiture for taxes, and the clear proceeds of all paid over to the general fund of the State, fines collected in the several counties for any county, municipality, corporation, or board to breach of the penal laws, and ail moneys received which such funds belong.
for licenses granted under the laws of the State The Legislature may authorize the taxing of for the sale of intoxicating liquor or keeping of private property * * * for use in the im- dram shops, shall be collected in legal currency provement of navigable streams, and for flowage of the United States, and be paid into the treas. when the public interests demand it.
ury, to be distributed pro rata among the educaThe right of the public or of any individual ble children of the State, in the manner to be to the free use of any navigable stream for any provided for by law. purpose for which such stream is capable of use, without improvement, shall not be abridged or obstructed by or under color of any authority
New Jersey. which may be given by law to any individual
Amendments proposed by the constitutional or corporation to improve such stream and
la commission, December 23, 1873, under authority charge toll for the use of such improvement.
of joint resolution of April 4, 1873.] Any woman above the age of twenty-one years, who shall be a resident of this State, and
ARTICLE I. of the proper county, township, city, or ward, Private property shall ever be held inviolate, and who is a citizen of the United States, shall but subservient to the public welfare, and shall be eligible to the office of register of deeds, no- not be taken for public use without just compentary public, offices connected with schools and sation. In all cases where lands are taken by libraries, and to such other offices as may be any incorporated company, any land owner being designated by law.
aggrieved by the award of commissioners, shall SEPARATE SECTION-WOMAN SUFFRAGE.
have the right of appeal, and have the damages
reassessed by the verdict of a jury, and such To be submitted separately at the same elec
assessment shall be made without deduction for tion to the people, and to be substituted in case
benefits. of adoption for so much of sec. 1, art. VII, as pre
No county shall be divided or have any part cedes the proviso in the present constitution,
set off therefrom without submitting the question and substituted for sec. 1, art. VII, of the amended constitution, if the latter is adopted, la majority of all the legal voters of the county
to a vote of the people of the county, nor unless viz:
voting on the question shall vote for the same. SEC. 1. In all elections, every person of the
No county, city, borough, town, township, or age of twenty-one years, who shall have re
village shall hereafter give any money or propsided in this state three months, and in the
erty, or loan its money or credit, to or in aid of township or ward in which he or she offers to
any individual, association, or corporation, or vote, ten days next preceding an election, be
| become security for, or be directly or indirectly longing to either of the classes, shall be an elec
the owner of, any stock or bonds of any associator and entitled to vote.
tion or corporation; nor shall any county, city, First. Every citizen of the United States.
borough, town, township, or village incur, or be Second. Every inhabitant of this State who
authorized by the Legislature to incur, any inshall have resided in the United States two ears
debtedness, or to impose any tax except for State, and six months, and declared his or her inten
county, city, township, or village purposes. And tion to become a citizen of the United States,
no county shall contract or incur any debt, by pursuant to the laws thereof, six months preced
bond or otherwise, exceeding two per cent. of ing an election.
the valuation of its taxable property; and no Third. Every inhabitant residing in this State
to town, borough, or township exceeding four per on the twenty-fourth day of June, one thousand
cent.; and no city exceeding eight per cent., on eight hundred and thirty-five.
a like valuation, excepting for its water supply.
No donation of land or appropriation of money
shall be made by the State or any municipal corMississippi.
poration to or for the use of any society, associa[In November, 1873, the following constitution, or corporation whatever. tional amendments were ratified by the people:
ARTICLE II. For, 20,527; against, 5,335.]
In section 1 the word "white" is stricken out ARTICLE VI.
of the qualifications for electors; a residence in . SEC. 17. The Legislature shall divide the State the election district in which the vote is offered, into a convenient number of chancery districts. of thirty days, is added, and also this proviso: Chancellors shall be appointed in the same man- that in time of war no elector in the actual mili. ner as the judges of the circuit courts. Their tary service of the State, or of the United States, qualifications shall be regulated by law, and in the army or navy thereof, shall be deprived they shall hold their office for the term of four of his vote by reason of his absence from such years. They shall hold a court in each county election district; and the Legislature shall have at least twice in each year, and shall receive power to provide the manner in which, and the such compensation as may be provided by law. I time and place at which, such absent electors may
vote, and for the return and canvass of their | after thirty days from the first day of the meetvotes in the election districts in which they re-ing thereof, and no such amendment shall be so spectively reside.
received or considered unless a notice, expressing In section 2 the words “or in legislation" are the substance of such amendment, shall have added, so that the Legislature may pass laws to been published once a week, for at least four deprive persons of the right of suffrage who shall weeks next before the first day of the meeting be convicted of bribery "in legislation" as well of the Legislature, in one or more of the newsas “ at elections.”
papers of the largest circulation, printed, pub
lished, and circulated in the municipal corporaARTICLE Iy.
tion to be affected thereby, and if none is printed Paragraph 3 of section 1 changes the annual or published therein, then in the newspaper election from October to November.
printed or published nearest thereto SECTION IV. All bills and joint resolutions shall No trust funds shall be invested in the bonds be printed before they are received or considered, or stock of any private corporation, unless such and sball be read throughout, section by section, investment be authorized or directed in the inon three several days, in each House, before the strument or by the person creating the trust. final passage thereof; but the reading of the title No act of the Legislature shall limit the amount only, of any bill or joint resolution, shall never to be recovered for injuries resulting in death, or be taken as the reading thereof: Provided, That for injuries to person or property; and in case of in cases of actual invasion or insurrection the death from such injuries the right of action shall Legislature may, by a two-thirds vote of the survive, and the Legislature shall prescribe for House where such bill or joint resolution shall whose benefit such action shall be prosecuted. be pending, otherwise order: And provided fur- Nor shall any act prescribe any limitation of ther, That all bills and joint resolutions, together time within which suits may be brought against with the amendments thereto, shall be printed and corporations for injuries to person or property, distributed among the members of each House at or for other causes different from that fixed by least one day before the vote shall be taken on the general laws prescribing the time for the the final passage thereof. * * * limitation of actions.
Members of the Senate and General Assembly No act of the Legislature shall take effect until shall receive annually the sum of five hundred the fourth day of July next after its passage, undollars during the time for which they shall have less the Legislature shall, by a vote of two thirds been elected, and while they shall hold their office, of all the members elected to each House, otherand no other allowance or emolument, directly wise direct. or indirectly, for any purpose whatever, except a The Legislature shall not pass private, local, sum not exceeding twenty-five dollars per session, or special laws in any of the following enumerto each member, which shall be in full for postage, ated cases; that is to say: stationery, and all other incidental expenses and Laying out, opening, altering, and working perquisites.
roads or highways. Sec. V. The first and second paragraphs are Vacating any road, town plot, street, alley, or stricken out and this inserted as paragraph 1: public grounds. No member of the Legislature shall receive auy Regulating the internal affairs of towns and civil appointment within this State, or to the Sen- counties ; appointing local offices or commissions ate of the United States, from the Governor, the to regulate municipal affairs. Governor and the Senate, or from the Legislature. Selecting, drawing, summoning, or impaneling
Sec. VII. * * * No law shall be revived grand or petit jurors. or amended by reference to its title only, but the Regulating the rate of interest on money. act revived, or the section or sections amended, Creating, increasing, or decreasing the pershall be inserted at length. No general law shall centage or allowance of public officers during embrace any provision of a private, special, or the term for which said officers were elected or local character. No act shall be passed which appointed shall provide that any existing law, or any part Changing the law of descent. thereof, shall be made or deemed a part of the Granting to any corporation, association, or act, or which shall enact that any existing law, individual any exclusive privilege, immunity, or any part thereof, shall be applicable, except or franchise whatever. by inserting it in such act.
| Granting to any corporation, association, or °* * * A general diffusion of knowledge and individual the right to lay down railroad tracks. intelligence being essential to the preservation of Providing for changes of venue in civil or the rights and liberties of the people, the Legis- criminal cases. lature shall establish and maintain public schools Providing for the management and support of for the gratuitous instruction of all persons in free public schools. this State between the ages of five and eighteen The Legislature shall pass general laws proyears. The term “free schools,” used in this viding for the cases enumerated in this paragraph, constitution, shall be construed to mean schools and for all other cases which, in its judgment, that aim to give to all a rudimentary education, may be provided for by general laws. The Legand not to include schools designed to fit or pre-islature shall pass no special act conferring corpare pupils to enter college, or schools controlled porate powers, but they shall pass general laws by or under the influence of any creed, religious under which corporations may be organized and society, or denomination whatever.
corporate powers of every nature obtained, subNo amendment to the charter of any municipalject, nevertheless, to repeal or alteration at the corporation shall be received by the Legislature will of the Legislature.
The Legislature may establish a court or courts, session of the Senate alone to be called when with original jurisdiction over all cases of con- needed. demnation of lands and assessments for improve- Section 7 changes the majority vote of memments.
bers of each House required to overcome a veto Property shall be assessed for taxes under to a two-thirds vote of the whole House. It general laws, and by uniform rules, according to also contains this new provision: “If any bill its true value in money. No property of any presented to the Governor contain several items kind, protected by law, except that owned by of appropriations of money, he may object to the United States, the State, counties, townships, one or more of such items while approving of the cities, towns, or boroughs shall be exempt by law other portions of the bill. In such case he shall from its full share of all State, county, township, append to the bill, at the time of signing it, a and city taxes and assessments, except burying statement of the items to which he objects, and grounds and cemeteries not held by stock com- the appropriation so objected to shall not take panies. No law shall be enacted or contract en effect. If the Legislature be in session he shall tered into by which the exercise of the power of transmit to the House in which the bill origintaxation shall be restricted, impaired, or impeded. ated a copy of such statement, and the items The Legislature may provide by law for taking objected to shall be separately reconsidered. If, away from any person or persons, natural or on reconsideration, one or more of such items be artificial, now possessing or entitled to the same, approved by two thirds of the members elected any right of exemption from taxation which can- to each House, the same shall be a part of the not be revoked without compensation, and for law, notwithstanding the objections of the Govpaying to such person or persons a just compen- ernor. All the provisions of this section in relasation for the right so taken away
tion to bills not approved by the Governor shall Sec. VIII. Every member of the Legislature, apply to cases in which he shall withhold his before he enters on his duties, shall take and sub- approval from any item or items contained in a scribe the following oath or affirmation: bill appropriating money."
“I do solemnly swear (or affirm, as the case Section 8 is ainended so that the Governor may be,) that I will support the Constitution of shall not be elected by the Legislature to any the United States and the constitution of the office under the government of this State or of State of New Jersey, and that I will honestly the United States, during the term for which he and faithfully discharge the duties of Senator shall have been elected Governor." (or member of General Assembly, as the case may Conviction of any felony or otherwise infabe,) according to the best of my ability.” And inous crime, or of any official delinquency under I do solemnly swear (or affirm) that I have not the laws of this state, shall, after final judgment paid or contributed anything, or made any thereon, vacate any office under the constitution promise in the nature of a bribe, to corruptly or laws of this state held by the person so coninfluence, directly or indirectly, any vote at the victed; and a duly authenticated record of such election at which I was chosen a member of the conviction and judgment shall be conclusive eviSenate (or House of Assembly ;) and I do fur- dence of such forfeiture, and shall authorize ther solemnly swear (or affirm) that I have not competent authority to fill the vacancy occaaccepted or received, and I will not accept or sioned thereby. receive, directly or indirectly, any money or other valuable thing from any corporation, com
ARTICLE VI. pany, or person for any vote or influence I may There shall be, beside the justice of the give or withhold on any bill, resolution, or ap- Supreme Court, who may be ex officio the judge propriation, or for any other act as a member of of said court, no more than two judges of the the Senate (or General Assembly) of this State. inferior court of common pleas in each of the And members elect of the Senate or General As-counties in this State, after the terms of the sembly are hereby empowered to administer to judges of said court now in office shall terminate. each other the said oath or affirmation. Any The commissions for the appointments of member who shall refuse to take such oath or judges of said court shall bear date and take affirmation shall forfeit his membership; and effect on the first day of April, except commisany person convicted of having falsely taken sions to fill vacancies, which shall bear date and said oath or affirmation, or of having broken tbe take effect when issued. same, shall be subject to the punishment pro- There may be elected under this constitution vided for willful and corrupt perjury.
not more than two justices of the peace in each Every officer of the Legislature shall, before of the townships of the several counties of this he enters upon his duties, take and subscribe the State, and in each of the wards, in cities that following oath or affirmation: “I do solemnly may vote in wards, not more than one justice of promise and swear (or affirm) that I will faith-the peace; and the Legislature shall provide by fully, impartially, and justly perform all the law the qualifications necessary for such justices duties of the office of to the best of my to possess, and the method of ascertaining the ability and understanding; that I will carefully possession of such qualifications. * * preserve all records, papers, writings, or property entrusted to me for safe keeping by virtue of my
ARTICLE VII. office, and make such disposition of the same as * * * Judges of the inferior court of commay be required by law.'
mon pleas shall be nominated by the Governor,
* * * * term of five years, * * * a comARTICLE V.
pensation, which shall not be increased or di. Section 6 is amended so as to enable a speciall minished during the term of their appointments,
* * * Justices of the Supreme Court, judges Senate of the United States, from the Governor, of the court of errors and appeals, and judges of the Governor and Senate, or from the Legislathe court of common pleas, when appointed to ture, or from any city government, during the fill vacancies, shall hold for the unexpired term time for which he shall have been elected; and only.
all such appointments and all votes given for any Paragraph three limits the attorney general's such member for any such office or appointment term to three years, and paragraph six gives the shall be void. same term to sheriffs and coroners.
Sec. 8. No person shall be eligible to the LegisNo law shall extend the term of any public lature who, at the time of his election, is, or officer, or increase or diminish his salary or within one hundred days previous thereto has emoluments after his election or appointment. been, a member of Congress, a civil or military
officer under the United States, or an officer unNew York.
der any city government. And if any person Proposed amendments adopted by the Legis.
shall, after his election as a member of the Legis. latures of 1873 and 1874, the final decision to
lature, be elected to Congress, or appointed to be reached by popular vote at the November
any office, civil or military, under the govern
ment of the United States, or under any city election, 1874:]
government, his acceptance thereof shall vacate ARTICLE II.
his seat. The first section prescribes the qualifications
No act shall be passed which shall provide of voters.
that any existing law, or any part thereof, sball Sec. 2. No person shall receive, expect, or
be made or deemed a part of said act, or which offer to receive, or pay or promise to pay, con
shall enact that any existing law, or any part tribute, offer or promise to contribute to another,
thereof, shall be applicable, except by inserting to be paid or used, any money or other valua
it in such act. . able thing as a compensation or reward for the
Sec. 18. The Legislature shall not pass a prigiving or withholding a vote at an election, or
| vate or local bill in any of the following cases : who shall make any promise to influence the
Changing the name of persons; laying out, giving or withholding any such vote, or who
opening, altering, working, or discontinuing shall make or become directly or indirectly in
highways or alleys, or for draining swamps or terested in any bet or wager depending upon
other low lands ; locating or changing county the result of any election, shall vote at such
seats: providing for changes of venue in civil election; and upon challenge for such cause the
or criminal cases; incorporating villages ; properson so challenged, before the officers author
viding for the election of members of boards of ized for that purpose shall receive his vote, shall
supervisors ; selecting, drawing, summoning, or swear or affirm before such officers that he has
impaneling grand or petit jurors; regulating the not received or offered, does not expect to re
rate of interest on money; the opening and conceive, has not paid, offered, or promised to pay,
ducting of elections or designating places of votcontributed, offered, or promised to contribute to
ing; creating, increasing, or decreasing fees, per another, to be paid or used, any money or other
centage, or allowance of public officers during the valuable thing as a compensation or reward for
term for which said officers are elected or ap
pointed; granting to any corporation, asscciathe giving or withholding a vote at such election, and has not made any promise to influence
tion, or individual the right to lay down rail
road tracks; granting to any private corporation, the giving or withholding of any such yote, nor made or become directly or indirectly interested
association, or individual any exclusive privilege, in any bet or wager depending upon the result of
immunity, or franchise whatever; providing for such election. The Legislature, at the session
building bridges, and chartering companies for thereof next after the adoption of this section,
such purposes, except on the Hudson river, beshall, and from time to time thereafter may,
low Waterford, and on the East river, or over enact laws excluding from the right of suffrage 1
the waters forming a part of the boundaries of
the State. all persons convicted of bribery or of any infa
The Legislature shall pass general laws promous crime.
viding for the cases enumerated in this section, (In the assembly of 1873, when this article was and for all other cases which in its judgment reported for consideration, a motion was made to may be provided for by general laws. But no amend in the interest of female suffrage, but law shall authorize the construction or operation was disagreed to.]
of a street railroad except upon the condition
that the consent of the owners of one-half in ARTICLE III.
value the property bounded on, and the consent Sections 1,5 and 6, vest the Legislative power also of the local authorities having the control in a Senate and Assembly ; fix the membership of that portion of a street or highway upon of the Assembly at 128 members, prescribe the which it is proposed to construct or operate such mode of apportionment, and place the annual railroad, be first obtained, or in case the consent salary of each member of the Legislature at of such property owners cannot be obtained, the $1,500, with 10 cents mileage each way for each general term of the Supreme Court in the district session, with extra compensation for Senators in which it is proposed to be constructed may, when an extraordinary session of the Senate is upon application, appoint three commissioners, convened.
who shall determine, after a hearing of all parties No member of the Legislature shall receive interested, whether such railroad ought to be any civil appointment within this State, or the constructed or operated, and their determination, confirmed by the court, may be taken in The Legislature shall not sell, lease, or otherlieu of the consent of the property owners. wise dispose of the Erie Canal, the Oswego Canal,
The Legislature shall neither audit nor allow the Champlain Canal, or the Cayuga and Seneca any private claim or account against the State, Canal; but they shall remain the property of the but may appropriate money to pay such claims State, and under its management forever. Hereas shall have been audited and allowed accord after the expenditures for collections, snperining to law.
tendence, ordinary and extraordinary repairs on Every law which imposes, continues, or revives the canals named in this section shall not exceed, a tax shall distinctly state the tax and the object in any year, their gross receipts for the previous to which it is to be applied, and it shall not be year. All funds that may be derived from any sufficient to refer to any other law to fix such tax lease, sale, or other disposition of any canal shall or object.
be applied in payment of the debt for which the On the final passage, in either House of the canal revenues are pledged. Legislature, of any act which imposes, continues, The sinking funds provided for the payment of or revives a tax, or creates a debt or charge, or interest and the extinguishment of the principal makes, continues, or revives any appropriation of the debts of the State shall be separately kept of public or trust money or property, or releases, and safely invested, and neither of them shall be discharges, or commutes any claim or demand of appropriated or used in any manner other than the State, the question shall be taken by yeas and for the specific purpose for which it shall hare nays, which shall be duly entered upon the jour- been provided. nals, and three fifths of all the members elected Neither the Legislature, canal board, canal apa to either House shall, in all such cases, be neces- praisers, nor any person or persons acting in besary to constitute a quorum therein.
half of the State, shall audit, allow, or pay any Sections 22 and 23 relate to boards of super. claim which, as between citizens of the State, visors, common councils, and board of aldermen. would be barred by lapse of time. The limita
The Legislature shall not, nor shall the com- tion of existing claims shall begin to run from mon council of any city, nor any board of super- the adoption of this section; but this provision visors, grant any extra compensation to any shall not be construed to revive claims already public officer, servant, agent, or contractor. barred by existing statutes, nor to repeal any ARTICLE IV.
statute fixing the time within which claims shall Sections 1 and 2 relate to the qualifications for
be presented or allowed, nor shall it extend to Governor and Lieutenant Governor, and fix the
| any claims duly presented within the time al
lowed by law, and prosecuted with due diligence term of office at three years. * * * At extraordinary sessions no subject
from the time of such presentment. But if the shall be acted upon except such as the Governor
claimant shall be under legal disability, the claim may recommend for consideration. * * * Hel!
may be presented within two years after such shall receive for his services an annual salary of
disability is removed. $10,000, and there shall be provided for his use
ARTICLE VIII. a suitable and furnished executive residence. The Lieutenant Governor shall receive for his
The Legislature shall, by general law, conform services an annual salary of $5,000.
all charters of saving banks, or institutions for * * * If any bill presented to the Governor
savings, to a uniformity of powers, rights, and contain several items of appropriation of money,
| liabilities, and all charters hereafter granted for he may object to one or more of such items, while
such corporations shall be made to conform to approving of the other portion of the bill. In
such general law, and to such amendments as such case he shall append to the bill, at the time
may be made thereto. And no such corporation of signing it, a statement of the items to which he
shall have any capital stock, nor shall the trusobjects; and the appropriation so objected to
tees thereof, or any of them, have any interest shall not take effect. If the Legislature be in
whatever, direct or indirect, in the profits of such session, he shall transmit to the House in which co
corporation; and no director or trustee of any the bill originated a copy of such statement, and
such bank or institution shall be interested in the items objected to shall be separately recon
any loan or use of any money or property of such sidered. If, on reconsideration, one or more of
bank or institution for savings. The Legislature such items be approved by two thirds of the mem
shall have no power to pass any act granting bers elected to each House, the same shall be part
any special charter for banking purposes; but of the law, notwithstanding the objections of the
corporations or associations may be formed for Governor. All the provisions of this section in
such purposes under general laws. relation to bills not approved by the Governor
| Neither the credit nor the money of the State shall apply in cases in which he shall withhold
shall be given or loaned to or in aid of any ashis approval from any item or items contained in
sociation, corporation, or private undertaking. a bill appropriating money.
This section shall not, however, prevent the
Legislature from making such provision for the ARTICLE VII.
education and support of the blind, the deaf and Add to section 3 the following:
dumb, and juvenile delinquents as to it may No extra compensation shall be made to any seem proper. Nor shall it apply to any fund or contractor; but if, from any unforeseen cause, property now held, or which may hereafter be the terms of any contract shall prove to be un- held, by the State for educational purposes. just and oppressive, the canal board may, upon No county, city, town, or village shall herëthe application of the contractor, cancel such after give any money or property, or loan its. contract.
| money or credit, to or in aid of any individual,