New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-05
QUESTION No
Taxation
PROPOSED CONSTITUTION
OF THE
STATE OF NEW YORK.

STATE OF NEW YORK.
We. the people Of the state Of New York
grateful to Almighty God FOR our freedom. IN
order 20 secure It's blessings do establish this
Constitution.
ARTICLE l.
Section l. No member OF this state shall be
disfranchised. or deprived Of any OF the rights
or privileges secured TO any cluEen theTeot,
unles, by The law OF the land or the Judgment
sectldn 2 II. TRIAL BY jury IN all cases in
which II has been heretofore used shall renain
lnviolats forever but jury trial may be
waived hy the parties In ell civil cases IN the
manner to be prescribed BY law. .,..,,
II religion, procession and worship, without
DISCRIMINATION or preference, shall forever be
allowed in this state TO all mankind and no
person shall be rendered incompetent ~ ne
Syituet, On account Of his opinions on matters
Of religious belief; but the liberty Of conscience
hereby secured shall not be so construed a. TO
excuse acts OF ncentiousness, or justin! prac-
tees inconsistent with the peace or salety OF
ny section 4. The priyiles. OF the writ OF hs.
rbrn. in cases OF rebellion or invasion. the
public safety may require It's suspension
Section ,. Excessive bail shall not Ne re-
qu;red nor excessive fines imposed, nor shal
cruel and unusual punishments be lhnlclsu' hof
,unfl witnesses ne unicasonaDly uelalhru'
Section 6. No person snail be held 10 answer
,or canitsl or otherwise Infamous crime Gel
Except in cases OF impeachment ana ~ cases
OF militia when IN actual service, ana the anu
this state may keep with the consent OF con.
gress in time Of peace. aud in cases OF p-tt
larceny, under the regulation OF the ls9is,a-
a So5tfai or ofhertCfsc Infamous crime unless
on presentment or indictment OF grand jury
andl Any gro, ,,c ay no 1gs, f'o 'S ~
commitment by d magistrate, Taire Indictment
and trial 81 Jury On a chs'ee o. Ie'ony plnls y
or OF On irdictab.o EIiSdcmednor, al s1bseQpenf
orocs,dipos beng had b. information before q
superior cegrt Of criminal Jurisdiction OF jndgo
~ ,s'Hee thereof. ~ In any trial in any
lowed 10 appear and defend IN person and With
counsel az IN civil sctionsl j. aud IN any Grim
inai cdse shall have ne right 70 at least one
eppedl No person shall be subject 10 be twice
put In Jeopardy for the sane ofieDse nor shall
he be compelled in any criminal case 70 be a
witness against himself nor b. deprived OF life.
liberty or property without due process Of law
nor BE- denied The equal protection Of The lors
nor shall private property b taken for public
use without just compensation.
ABsTRAcT The amendment permits a person
charged with crime now requiring prosecu-
ton by indictment 70 waive Indictment and
irisl by Jury. when the punishment does not
exceed ~. years imprisonment. Al present q
person 40 charged though willing 10 plead
guilty. must wait In ieil or be held on BAL N
many instances several months before entering
such Piles until a grand Jury is in session. This
section as amended also Ensures NJ least one
sppeal in every criminal case, night which
is NOT now secure with respect 20 lesser Of
lenses OF criminal nature. The provision
securing 20 every person the equat protecpon
Il the laws conforms 70 The check on TIE ies
stature now imposed by the federal constitl-
Section 7. (o) When private property .hall
be tsEen for any public use, the compensation
10 be made therefor when such compensate On
is not made by the state, shall be ascertsined
lpy jury. orl by the supreme court win or )
one OF more supreme cosrf commissioning, ~,
uifhin the ntrd and fourth judicial sePart-
n'ents oad saeh gart ne 'es9"S jsdt va az BE-
not less than three commissioners appointed BY
Q court Of record. as shall be prescribed BY law.
Wh1e me proceedings are in.Mstsa oy a e'ya q!
roid before such taking, lnless the supreme
court, after hearing becoaso Of pubic n>eessitv
shall otherwise direct.
manner TO be prescribed BY law; but in every
case the necessity OF the road and ne smo9nt
Of all dsmsEs to be sustained By the opening p,
Of freeholders, and such amount toSsthsr WE WE
the expenses Of the proceeding, sholl be paid
by the perso1 to be benefited.
the owners or occupants Of svOcnp o. ssricui-
tursl lands TO construct and maintain for tho
drainage thereof, necessary Grains. eitehes hno
tdyIesl Nks upon the lands Of others, undeT
proper restrictions land With on nasfH1 just
compensation, nhch shall be dssess,f against
the property benefited thereby. hut no special
laws shall be enacted for such purposes.
~ The legislature may authorize cities 10
take more land and property than IS needed FOR
Actual CONSTRUCTION IN the iaylhs Out WHEELING
extending or relocating parks public place ;.
highways or streets provided. however. that
the additional land and property % authorized
TO be taken shall be no more than sufficient 10
form suitable building sites abutting on such
much OF the land and property has been appro-
pr pl i.'h needed tSs
may be sold or leased. The Legislature r'og
sIso enhortse ctt'es. tor ths eStaehshment of
erfv Dtfhr an abandoned street or hghpoY
and 10 sell and loose ~.
AnsrNlo1.--The provision allowing supreme
court commissioners. whose Office Is created
under section eight Of article eight, to deter
milne the Compensation where private property
Is taken FOR public use Is TO expedite the
disposal Of claims therefor and to have such
i IS 10 handle such matters. The provision
de-, not sppiy 70 claim. against ne STATE
property before taking IT eliminates sP abuse
received pay FOR ii. isnS aosi year. after Be-
not be considered as agricultural lands. Their
sn.gdmsnt; The provision recurring lands ben,
s S.4:.isS. ss,1:"I:s 5; ss:s Ss::
Th: Snsi .sntsnc. x th. .c,ien,i. to sfse'.
%s.rt SSR Street, or are sn. .baneon.a G
land, lyins idle and az .ys-sors and II Is i'm
Section 5. Every citizen mar freely speak.
write and nublish bis sentiuehts on all sub
jects being responsible for the sbuse OF that
Or sbridge the liberty Of speech or Of the press.
libels the truth may he riven IN evidence TO
the jury: and n u shall appear 10 the jury
that the matter charged litelous il true.
and was published with good motives and for
jgstiosble ends. the party abtll be acquitted
and the Jury shall have the right TO determine
the law and the fact.
Section g. No law shall be passed abridging
the right OF the people peaceably 10 assemble
and 10 pet tion the government. or any depart.
tnent thereof. nor shall any divorce he granted
otherwise than By due judicial proceedings, nor
shali any lottery or the sale Of lottery tickets,
pool selling book making or any other Kind
Of rambling hereafter be authorized or allowed
within This state. and the legislature shall
pass appropriate laws 10 prevent o1enses
against any OF the provisions OF this section.
Sc -tion 10. The people o. this state. IN their
right Of soversignty. are deemed 10 possess the
orlrlnAl and ultimate property ~ AID 10 Az
lands within the Jurisdiction Of tie state sud
ali lands the title 70 which shall fsh from
defect OF beirs. shah revert. or escheat 10 the
section II. AL fsudsl tenures OF erfry De.
.crtptlon With AZ the!r incidents, ar. declared
20 be Abolished. ssrinr however. al rht ana
EYp.anation-Mst,er IN ualte; Is new
matter In | Is ed constitution 10 DC
emitted.