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INTRODUCTORY NOTE

Article XIV of the Constitution provides two methods of submitting proposed changes to the people. One method is through the agency of a constitutional convention (see section 2). The other method is governed by section 1, which reads as follows:

Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by à majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval.

Part II of this work is concerned with the second method of amendment. It gives the text of all amendments proposed in the Legislature from 1895 to 1914, inclusive; the legislative history of these proposals by a reference to the Senate and Assembly journals; and the action of the people on such of these proposals as have been submitted to them. Under each section of the Constitution, whatever proposals have been made to amend the section are given in the following order: (1) Amendments submitted to the people and adopted; (2) Amendments submitted to the people but rejected, and (3) Amendments proposed but not submitted to the people. Under each of these three main heads the proposals are classified under appropriate sub-heads and those of a similar nature are grouped together.

The sections of the Constitution as adopted by the people on November 6, 1894, and the amendments to these sections that have since been adopted by them are printed in the same black face

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Amendments Adopted and Proposed, 1895–1914

* *

type in order to show clearly the provisions that are now in force, or that have actually been in force for some period since 1894. The changes in these sections are shown by enclosing old matter in brackets and by underlining new matter.

All proposals that have not become a part of the Constitution (either because upon submission to the people they were rejected, or because they never reached the stage which permitted them to be submitted to the people) are printed in a different type so that they will not be confused with provisions actually in force. For these proposals, while brackets are used to indicate old matter sought to be eliminated, new matter is indicated by italics.

Senate Rule No. 18 provides in part that “all resolutions which propose any amendment of the Constitution

* shall be treated in the form of proceedings on them, in a similar manner with bills." The Assembly seems to have no rule on this subject, but there also, “proposed amendments of the Constitution are treated in form like bills." (Clerk's Manual for 1915, p. 624.) As the legislative procedure on concurrent resolutions to amend the Constitution is, in general, the same as on bills to change the statute law of the State, these resolutions are printed in the same form as bills and are identified and referred to in the legislative journals by introductory and print numbers. This fact accounts for the form of the annotations which will be found following these proposals as printed in this work. The abbreviation “S” stands for Senate, “A” for Assembly, and “J” for journal.

It is believed that the value of this work and facility in using it will be much enhanced by a careful preliminary examination of the table of contents and index, partly because proposals relating to the same general subject of constitutional amendment have not always been referred to the same section or article of the present Constitution.

F. D. C.

PART II
AMENDMENTS ADOPTED AND PROPOSED, 1895–1914

TABLE OF CONTENTS

PAGE

1

ARTICLE I, § 2
Amendments proposed but not submitted to the people

1. Verdict by less than full jury.....
2. Waiver of jury trial verdict by less than full jury — judgment

on appeal
3. Additional jurors to fill vacancies.

3 3

ARTICLE I, § 6 Amendment submitted to the people but rejected

1. Excess condemnation
Amendments proposed but not submitted to the people

1. Eminent domain for water power development...
2. Necessity for presentment or indictment - eminent domain for

water power development.......
3. Necessity for presentment or indictment - prosecution of mig-
demeanors

- defendant as witness - appeals by people in
criminal cases
4. Recall of judicial decisions on constitutional questions,
5. Workmen's compensation

5

6 6 7

8

9

ARTICLE I, 8 7 Amendiment submitted to the people and adopted... Amendment submitted to the people but rejected

1. Condemnation proceedings — ascertainment of damages, Amendments proposed but not submitted to the people

1. Condemnation proceedings — ascertainment of damages.
2. Condemnation proceedings — land court in first and second

10

departments. 3. Drainage of private lands constituted a public use.

11 12

ARTICLE I, § 9
Amendments proposed but not submitted to the people

1. Bucket shops — buying on margin — dealing in futures...
2. Purchase or sale of securities on margin....
3. No discrimination favoring any gambling place..

13 14 14

32

33

33

Article III, § 1— Article III, 6

PAGE

ARTICLE III, § 1 Amendments proposed but not submitted to the people

1. Initiative and referendum...... 2. Initiative, referendum and recall. 3. Single legislative body....

34 45 45

45 47 47 48

ARTICLE III, § 2
Amendments proposed but not submitted to the people

1. Term of assemblymen....
2. Terms of senators and assemblymen.
3. Additional assemblymen for New York county.
4. Single legislative body....
5. Biennial sessions of legislature terms and apportionment of

legislators...
6. Biennial sessions of legislature — United States deposit fund..
7. Biennial sessions of legislature — terms and salaries of legis.

lators — appropriations — apportionment....
8. Terms and salaries of members of legislature, governor and

lieutenant-governor — short ballot

48 48

48

48

ARTICLE III, § 3 Amendment proposed but not submitted to the people

1. Single legislative body......

54

ARTICLE III, § 4 Amendments proposed but not submitted to the people

1. Removal of restrictions on number of senators in counties...... 55 2. Formation of senate district by joining Richmond county to portion of New York county....

56 3. Formation of senate district by joining Richmond county to

portion of New York county — additional senators for coun-
ties with two or more.

57 4. Single legislative body.

58

ARTICLE III, § 5
Amendments proposed but not submitted to the people

1. Additional assemblyman for New York county.
2. Single legislative body...

61 64

64

ARTICLE III, 8 6 Amendment submitted to the people but rejected

1. Salaries and mileage of senators and assemblymen. Amendments proposed but not submitted to the people

1. Salaries of senators and assemblymen. 2. Mileage of senators and assemblymen.

65 67

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