Article III, § 16 Lincoln's Constitutional History For court decisions under this section prior to the constitutional For discussion of the subject of the consideration and passage of References to constitutional conventions and commissions. 1867. II:321-322. 1872. II:494-495. 1894. III:235–244. Debates of constitutional conventions 1867. Signing of bills and resolutions by presiding officer in the 1894. I:6 (1:7), I:478-490 (1:246-252), I:671-676 (1:348–351), Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 69. 1 local bills § 16. No private or local bill, which may be passed by the Private or 2 Legislature, shall embrace more than one subject, and that limited to 3 shall be expressed in the title. Source Const. 1846, Art. III, § 16. Lincoln's Constitutional History For historical basis of this section, see IV :377–378. For court decisions dealing with the general principles of this section, see IV:380-382. For a chronological list of statutes from 1847 to 1901 with the court decisions holding them valid under this section, see IV:383–402; for a chronological list of statutes from 1854 to 1904 with the court decisions holding them invalid under this section, see IV: 403-410. References to constitutional conventions and commissions. 1872. II:493-494. Debates of constitutional conventions 1846. 176-177 (June 27). 1867. III:2102-2104. 1894. Certain limitations proposed as to general bills, III:142-155 (III:1358-1365). 10 This overture was adopted by the convention and accordingly became a part of the Constitution. one subject to be expressed in title Existing laws not Article III, § 17 Texts of proposed amendments 1 applicable 2 by refer ence In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 11-418 (Int. 11), 63, 154, 214-388 (Int. 212), 219 (Int. 217), 201-427 (Int. 200), 306 (Int. 300), 330-407 (Int. 322). § 17. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be applicable, except by inserting it in such 5 act. 3 4 Source Amendment of 1874. Lincoln's Constitutional History For comment upon this section, see IV:410-411. For chronological list of statutes from 1875 to 1901 with the court decisions construing them in the light of this section, see IV :411415. References to constitutional conventions and commissions. 1872. II:494. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Cases in which private or local bills 1 2 shall not 3 be passed 4 § 18. The legislature shall not pass a private or local bill in any of the following cases:11 Changing the names of persons. *Lay out, opening, altering, working or discontinuing 5 roads, highways or alleys, or for draining swamps or other low lands. Locating or changing county seats. 6 7 8 9 Providing for changes of venue in civil or criminal cases. 10 11 Providing for election of members of boards of supervisors. 12 petit jurors. 13 Regulating the rate of interest on money. 11 For other suggested restrictions upon the manner of passing local or private bills, see Supplemental Notes following Article XV, post, under the title Bills. * So in original. 14 15 16 Article III, § 18 The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or 17 allowances of public officers, during the term for which said 18 officers are elected or appointed. 19 20 21 Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or indi22 vidual any exclusive privilege, immunity or franchise what23 ever. 25 26 24 Granting to any person, association, firm or corporation an exemption from taxation on real or personal property. Providing for building bridges, and chartering companies 27 for such purposes, except on the Hudson river below Water28 ford, and on the East river, or over the waters forming a 29 part of the boundaries of the state. 30 laws to pro enumerated on laws street rail The legislature shall pass general laws providing for the General 31 cases enumerated in this section, and for all other cases which vide for 32 in its judgment, may be provided for by general laws. But cases 33 no law shall authorize the construction or operation of a Restrictions 34 street railroad except upon the condition that the consent governing 35 of the owners of one-half in value of the property bounded roads 36 on, and the consent also of the local authorities having the 37 control of that portion of a street or highway upon which 38 it is proposed to construct or operate such railroad be first 39 obtained, or in case the consent of such property owners can40 not be obtained, the appellate division of the supreme court, 41 in the department in which it is proposed to be constructed, 42 may, upon application, appoint three commissioners who shall 43 determine, after a hearing of all parties interested, whether 44 such railroad ought to be constructed or operated, and their 45 determination, confirmed by the court, may be taken in lieu 46 of the consent of the property owners. Source Amendment of 1874; amended in 1901.12 Lincoln's Constitutional History For court decisions construing certain parts of this section, see the following pages in volume 4: 12 The amendment of 1901 added the lines 24-25. For explanation of this amendment, see Lincoln's Constitutional History, III:680–681. For its legislative history and the action of the people thereon, see Part II, post, pp. 70-71. Private claims against state not to Article III, § 19 Line 3, page 418. Lines 4-6, pages 418-420. Line 7, pages 420-421. Line 8, page 421. Line 9, page 421. Line 10, pages 421-422. Lines 11-12, page 423. Lines 16-18, pages 424 425. Lines 19-20, pages 425-427. Lines 21-23, pages 427-430. Lines 26-29, page 430. Lines 30-46, pages 431434. For historical comment on this section, including references to the work of the constitutional convention of 1867-68 and the constitutional commission of 1872, see II:323-327, 497-501, and IV: 417-418. Debates of constitutional conventions 1867. II:1379-1381, 1385-1386; III:2102-2128; IV:2777-2785, 28012803, 3111-3117; V:3603–3609, 3683–3685. Texts of proposed amendments 1 2 be audited 3 by legisla ture 4 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 87, 115-424 (Int. 115), 116-386 (Int. 116), 124, 147, 219 (Int. 217), 299 (Int. 295), 309 (Int. 303), 320 (Int. 312), 354 (Int. 345), 369 (Int. 362). In the legislature, 1895-1914: see Part II, post, pp. 70-73. § 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. 13 Source Amendment of 1874. Lincoln's Constitutional History For court decisions construing this section, see IV :434–435. Debates of constitutional conventions 1867. II:1319-1348; IV :2755. Texts of proposed amendments Appropria- 1 tion of public 2 property In the constitutional convention of 1894: see Proposed Constitutional § 20. The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or 4 private purposes. for local 3 or private purposes; two-thirds vote required Source Const. 1821, Art. VII, § 9; amended, Const. 1846, Art. I, § 9; continued without change in Const. 1894, Art. III, § 20. 13 For references to the court of claims see Supplemental Notes following Article XV, post, under the title Court of claims. Article III, § 22 Lincoln's Constitutional History For comment on this section and court decisions construing it, see This section, as it existed in the Constitution of 1821, included the Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional tion bills § 21. No money shall ever be paid out of the treasury of Appropria2 this State, or any of its funds, or any of the funds under its 3 management, except in pursuance of an appropriation by 4 law; nor unless such payment be made within two years next 5 after the passage of such appropriation act; and every such 6 law making a new appropriation, or continuing or reviving 7 an appropriation, shall distinctly specify the sum appro8 priated, and the object to which it is to be applied; and it 9 shall not be sufficient for such law to refer to any other law 10 to fix such sum. Source Const. 1846, Art. VII, § 8; continued without change in Const. 1894, Lincoln's Constitutional History For court decisions construing this section, see IV :439-440. 1846. II:182–184. Debates of constitutional conventions 1846. 940-943 (Sept. 22). 1867. III:1840. Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 74. tion bills brace other § 22. No provision or enactment shall be embraced in the Appropria2 annual appropriation or supply bill, unless it relates specifi- not to em3 cally to some particular appropriation in the bill; and any subjects 4 such provision or enactment shall be limited in its operation 5 to such appropriation. Source Const. 1894, Art. III, § 22. |