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Statutory

revision bills excepted from

Article III, § 23

Lincoln's Constitutional History

References to constitutional conventions.
1894. III:244-245.

Debates of constitutional conventions
1894. II:599-601 (II:945-946).

Texts of proposed amendments

1

2

certain 3

sections

4

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overtures Nos. 11-418 (Int. 11),14 299 (Int. 295).
In the legislature, 1895-1914: see Part II, post, p. 75.

§ 23. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to law to revise the statutes.

Source

Amendment of 1874.

Lincoln's Constitutional History

For comment upon this section and the judicial construction thereof, see IV :441.

References to constitutional conventions and commissions.

1872. II:505–507.

Texts of proposed amendments

Tax laws 1

to state

amount and 2

object

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 154, 299 (Int. 295).

In the legislature, 1895-1914: see Part II, post, p. 75.

§ 24. Every law which imposes, continues or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law 4 to fix such tax or object.

3

Source

Const. 1846, Art. VII, § 13; continued without change in amendments of 1874, Art. III, § 20, and in Const. 1894, Art. III, § 24.

Lincoln's Constitutional History

For judicial decisions construing this section, see IV :441-444.
References to constitutional conventions.

1846. II:182.

Debates of constitutional conventions

1867. III:1881-1882.

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 257 (Int. 255).

14 This overture was adopted by the convention and accordingly became a part of the Constitution.

1

Article III, § 26

necessary

for passing

certain

bills

§ 25. On the final passage, in either house of the Legisla-ee-afths 2 ture, of any act which imposes, continues or revives a tax, or 3 creates a debt or charge, or makes, continues or revives any 4 appropriation of public or trust money or property, or releases, 5 discharges or commutes any claim or demand of the State, the 6 question shall be taken by yeas and nays, which shall be duly 7 entered upon the journals, and three-fifths of all the members 8 elected to either house shall, in all such cases, be necessary to 9 constitute a quorum therein.

Source

Const. 1846, Art. VII, § 14; continued without change in the amend-
ments of 1874, Art. III, § 21, and in Const. 1894, Art. III, § 25.

Lincoln's Constitutional History

For court decisions construing this section, see IV :444–445.

Debates of constitutional conventions

1

1867. III:1992-2018, 2250-2259.

supervisors

§ 26. There shall be in each county, except in a county Boards of 2 wholly included in a city, a board of supervisors, to be com3 posed of such members and elected in such manner and for 4 such period as is or may be provided by law. In a city which 5 includes an entire county, or two or more entire counties, the 6 powers and duties of a board of supervisors may be devolved 7 upon the municipal assembly, common council, board of alder8 men or other legislative body of the city.

Source

Amendments of 1874, Art. III, § 22; continued without change in
Const. 1894, Art. III, § 26; amended in 1899.15

Lincoln's Constitutional History

For history of the legislation relating to New York city and to the
erection of the county of Nassau, resulting from the situation
created by this constitutional provision, see IV :445–447.
References to constitutional conventions and commissions.
1867. II:348-351. 1872. 502-504.

Debates of constitutional conventions

1846. 1069-1070 (Oct. 7).

1867. V:3509-3523, 3653-3663.

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overtures Nos. 55, 286 (Int. 284), 341 (Int. 332).

In the legislature, 1895-1914: see Part II, post, pp. 75–76.

15 For the legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 75-76.

Article III, § 27

Delegation

of local

1

legislative 2

and administrative

powers

3

4

§ 27. The legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the legislature may, from time to time, deem expedient, 5 and in counties which now have, or may hereafter have, 6 county auditors or other fiscal officers, authorized to audit > bills, accounts, charges, claims or demands against the 8 county, the legislature may confer such powers upon said 9 auditors, or fiscal officers, as the legislature may, from time 10 to time deem expedient.16

Source

Const. 1846, Art. III, § 17; amended in 1874, Art. III, § 24; continued without change in Const. 1894, Art. III, § 27; amended 1909.17

Lincoln's Constitutional History

For comment upon this section and court decisions construing it, see IV:448-451.

References to constitutional conventions and commissions.

1872. II:504.

Debates of constitutional conventions

1846. 1069-1070 (Oct. 7). 1867. I:756–757.

Texts of proposed amendments

Extra com- 1

pensation

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 250 (Int. 248).

In the legislature, 1895-1914: see Part II, post, pp. 76–77.

§ 28. The Legislature shall not, nor shall the common coun2 cil of any city, nor any board of supervisors, grant any extra prohibited 3 compensation to any public officer, servant, agent or con

to public officers

[blocks in formation]

Amendments of 1874, Art. III, § 24; continued without change in
Const. 1894, Art. III, § 28.

Lincoln's Constitutional History

For court decisions construing this section, see IV:451–453.
References to constitutional conventions and commissions.
1867. II:322-323, 327-328. 1872. II:504-505.
298.

1894. III:297

16 For local option in the sale of intoxicating liquors, see Supplemental Notes following Article XV, post, under the title Intoxicating liquors. 17 For legislative history of this amendment and action of people thereon, see Part II, post, p. 76.

17a See notes to Art. X, § 9, and to § 18, lines 16-18, of this Article.

Article III, § 29

Debates of constitutional conventions

1

1867. IV:2776–2777; V:3870–3873.

1894. I:1184-1190 (II:621-624); II:704-746 (III:1011-1027); II:
748-765 (III:1027–1038).

labor

§ 29. The Legislature shall, by law, provide for the occu- Prison 2 pation and employment of prisoners sentenced to the several 3 state prisons, penitentiaries, jails and reformatories in the

4 State; and on and after the first day of January, in the year Contract one thousand eight hundred and ninety-seven, no person in abolished

5

6 any such prison, penitentiary, jail or reformatory, shall be 7 required or *allowd to work while under sentence thereto, 8 at any trade, industry or occupation, wherein or whereby his 9 work, or the product or profit of his work, shall be farmed 10 out, contracted, given or sold to any person, firm, association

system

state or

subdivision

11 or corporation. This section shall not be construed to prevent Work for 12 the Legislature from providing that convicts may work for, political 13 and that the products of their labor may be disposed of to, excepted 14 the State or any political division thereof, or for or to any 15 public institution owned or managed and controlled by the 16 State, or any political division thereof.

Source

Const. 1894, Art. III, § 29.

Lincoln's Constitutional History

For an exhaustive history of legislation in this state on the subject
of convict labor, including references to governors' messages and
special reports, from 1796 to 1894, see III:246–287.

For court decisions construing this section, see IV:453–454.
References to constitutional conventions.

1894. III:287–297.

Debates of constitutional conventions

1894. III:163–238 (III:1369–1409); IV :513–533 (V:2248–2259), IV: 1236-1249 (VI:2670-2679).

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 117-392 (Int. 117).18

Iu the legislature, 1895-1914: see Part II, post, pp. 78–79.

18 This overture was adopted by the convention and accordingly became a part of the Constitution.

So in original.

Article IV, § 1

Governor and lieu

tenant

governor; term of

office

Governor

1

2

3

ARTICLE IV

Section 1. The executive power shall be vested in a Governor, who shall hold his office for two years; a Lieutenant-Governor shall be chosen at the same time, and for the same term. The 4 Governor and Lieutenant-Governor elected next preceding the 5 time when this section shall take effect, shall hold office until 6 and including the thirty-first day of December, one thousand 7 eight hundred and ninety-six, and their successors shall be 8 chosen at the general election in that year.

Source

Const. 1777, Arts. XVII and XX; amended, Const. 1821, Art. III, § 1; amended, Const. 1846, Art. IV, § 1; amended in 1874, Art. IV, § 1;1 amended, Const. 1894, Art. IV, § 1.

Lincoln's Constitutional History

For historical statement on the office of governor from 1621 to 1894, with comment thereon, see IV:454-461. For corresponding statement on the office of lieutenant-governor from 1697 to 1777, see IV:461-463.

References to constitutional conventions and commissions.

1777. I:524-527. 1821. I:672, 668. 1846. II:133, 135. 1872. II:511-512. 1894. III:306–309.

Debates of constitutional conventions

1821. 137-141 (Sept. 12), 145-158 (Sept. 13), 174-177 (Sept. 18), 546-551 (Oct. 27).

1846. 167-172 (June 26).

1867. II:884-885, 888-893.

1894. IV:208-218 (V:2091-2097), IV:724-727 (V:2371-2373).

Texts of proposed amendments

1

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 4, 43, 129, 275 (Int. 273), 35-457 (Int. 35).2

In the legislature, 1895-1914: see Part II, post, p. 81.

§ 2. No person shall be eligible to the office of Governor or and lieu- 2 Lieutenant-Governor, except a citizen of the United States, 3 of the age of not less than thirty years, and who shall have

tenant

governor; qualifica tions

1 For the text of the amendment of 1874, see Lincoln's Constitutional History, I: 303.

2 This overture was adopted by the convention and accordingly became a part of the Constitution..

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