The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-11

Shall the new Article X. submitted by
ehe CONSTITUTIONAL Convention relating to
taxation be approved
Secretary Of state.
PROPOSED CONSTITUTION
OF the
STATE OF SEW YORK,
We. the people Of the state Of New York,
grateful to Almighty God for oar freedom,
in order 70 secure It's blessings. 10 .stap-
iish this Constitution.
ARTICLE I.
Section /. No member of this state shall
be disfranchis,d. or deprived OF any OF the
tights or privileges secured to .any citizen
thereof, un vss b, the law OF the land. or
Section 2. The trial by jury in all cases
In which II has been heretofore used shall
remain inviolate forever. but a Jury trial
may be waived by the parties in all evil
cases in the manner to be prescribed by
Section ). The free exercise and enjoy
ment Of religious profession and worship,
without discrimination or preference, shall
forever BE- allowed In this state to all man
kind and no person shall be rendered In.
competent to be a witness on account OF
his opinions on matters OF religious belief,
but the liberty OF conscience hereby secured
0hal. not be construed as to excuse acts
Of iicentiousness. or Justify practices In
0sate
Section 4. The privilege of the writ Of
DapeaS corpus snail not ne tusprnueu UNI
Sers when in case. Of rebellion or invasion.
the public safety may require Its sus-
Section s. Excessive bail shall not b. re-
CURED nor excessive fines imposed. nor
ehal cruel and unusual p~unishments be
INFLICTED. nor shall witnesses be unreason-
section :. tNo person shall be held to
answer for a capital or otherwise Infamous
orime lei Except In cases OF Impeachment,
and in cases OF militia when in actual ser
vice. and the land and naval forces In
time OF war. or which this state may Keep
with the consent Of congress Ia time of
peace. and In cases OF petit larceny. under
psr,on shall he held to answer for q capt.
til or otherwise Infamous. crime unless on
preSentment or Indictment Of a grand Jury
cnanner prescribed by law after cXamina-
ti0n or commitment by n magistrate. waive
. 81 felony ps S%s AZ, by By not sSfs ex "% ~s se
years Imprisonment or of an indictnble
hisdemranor. AL subsequent proceedings
perior court of criminal Jurisdiction or .
4dEe or Justice thereof. III In any trial
diali be allowed to appear ami defend in
person and with counsel as In c,N!l actions
IL. and In any criminal cass hal, have
eDn shall, be subject to be twice put IN
Jeopardy for the same ofense; nor shall
he be compelled In any crimina case TO b.
. witness arains. himself. nor be deprived
81 life. liberty or property, without due
SSrosecsion OF the laws: nor Snail priSais
property be taken for public use without
just compensation,
person charged with a crime now reauir-
Ing prosecution by Indictment to waive
,"SlSims~, d does no, eH o. iu I'VE y wars i'm.
i'risonment. At present u person so
.harsed. though willing to plead guilty.
many instances several months before en-
tering such plea until a grand Jury Is In
session. This section as amended also In
eurel at least one aIDeal In every CrtmtnAf
sase. a right which IS not nov secure with
respect to r., lesser seG en,nsss cv Si a &C, sr'm aHn
person the equal protection Of the laws
conforms to u check on the ies,.lai,Ne
shsil be taken for any pubic use, the com.
compensation il not made by the state,
thall be ascertaln-i Thy n Jury. orl by the
.uprsme eoar, with orl withou, a jury.
supreme court commissioner Or, within
she third and fourth judicial DEPARTMENTS
and such part Of the ,econd judicial de
partment not within the cit. Of New York
by not less than three commissioners APP
,pts,bc Sy b a f G%Ir' Where i: rreG r.. pros ssaii ss
IRE Instituted by u civil division 81 the
state. ccmprn>ation shalt he paid before
uftcv hearing, because of public necessity
tlall otherwise direct.
ID, Private roads may b" opened In the
manner to ne prescribed by law; hut IN
every case the Necessity 81 the road and
.he amount OF al! danny. TO be sustained
by the opening thereof shall be trst de.
termined by a Jury Of freehold RS, and
ouch. amount. together with the eSpenss
Of the proceedings, shall. be paid by the
person to be benefited.
,cl General laws may be passed per-
uniting the owners or occupants Of swamp
Or agricultural lands to construct and
maintain for the drainage thereof. neces-
sary drains, bitches and ldykesl dikes
riDs,rictions ianl Will on making jas!
compensation. which shall be assessed
against the property benefited thereby. tbut
no special laws shall be enacted for such
parposes
I'd, The legislature may authorize cities
10 take more land and property than Is
needed for actual construction In the lay
ing out. widening. extending or relocai-
ting parks, PUBLIC race, hishways "r
tional land and property - su'horlzrd 10
be taken shan be no more than sufficient
20 form suitable building sites ahutting on
such park public place, highway or street.
After so much OF the land anu properly
has been appropriated FOR such PARK, pub.
lie place. high way or street a. Is needed
leased. The legislature ma, also author
re cities; for IT,: esiab i,hnen' 81 " uni.
highway and t." acll and lease it,
Abstract The provision allowing SUI
preme court commissioner, whose ofhcc
j. created under section eight Of Article
WI, to determine the compensation where
j. to expedite the disposal OF claims there
Tor and to have suyh matters decided by
oficers whose special duty 1t j. to handle
such matters. The provision does rot APP
ply to claims against The state. which are
decided by me court ~ claims. The pro-
vision requiring a civil division To pay
Tor property before taking eliminates
sI abuse whereby, In sOIue instances, an
owner has hot received pay tor his land
use. swamp lands caunot be considered
as agricultural lands. Their drainage
y desirable and IL permitted by this amend
lnent. The provision re1uiiing lands bsre-
stand the expense thereof Il 10 facilitate
improvements heretofore prevented by ju-
hictal decisions denying the rlrht TO assess
such benefits, The nnal sentence OF the
iauon and Improvement. where streets or
highways are abandoned, the lands lying
Idle and al eye-sore and it. Is impossible
10 discover the owners.
speak. write and publish his sentiments on
all subjects. being, responsible for the
abuse or that right, and no law shall be
passed to restrain or abridge the liberty
prosecutions or Indictments for ilbels, the
ruth may be given In evidence to the
jury; and II Il shall appear to the jury
hat the matter charged as libclous Is true,
and was published. with good motives and
d"r instinasie Ends the part shall be
RICH TO determine thu law and the fact.
Section .. No law shall he passed abrldg.
ing the right OF the people peaceably 10
assemble and TO petition the ~goveInment,
or any department. thereof, nor Snail any
divorce be granted otherwise than by due
judicial proceedings. nor shall any lottery
hook-making. or any other kind Of gainb-
ling hereafter he authorized or allowed
within this state; aud the legislature shall
pass appropriate, laws TO prevent orenses