The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-18
"QUEsr1ON NO. 4

yA0 CONSTITUTIONS \OuNenuOu TOSDN1uB W
FRANCIS N. Huoo,
Secretary Of STATE.
PROPOSED CONSTITUTION
of the
STATE OF NEW YORK.
We. the people Of the State Of New YORK.
0rsteful 10 Almighty God for our freedom.
N order to secure It's blessings. do est&b-
Mn this Constitution.
ARTICLE I.
Section I. No mem Der of this state shall
b ~disfranchised. or deprived of any of the
RIGHTS or privileges secured TO any citizen
thereof: unless b, the law of the land. or
Section 2. The trial by Jury In all cases
In which It has been heretofore used shall
msy 3. ' ~siSsS by the parsie. in al civil
csses In the manner to be prescribed BY
section .. The free exercise and enjoy
ment Of religious profession and Worship.
without discrimination or preference, shall
tossvsr be SLOWED 10 the sta,e to al man.
competent 70 be . witness on account Of
his opinions on matters of religious BELIEF;
shall not be construed as to excuse acts
OF licentiousness. or Justify practices In
consiStsnt with the peace or safety Of ehis
section !. m. privilege o. the v.s q
habea. corptn shall not be suspended nn-
Ie0B Wnen IN C2StS Oh eli VI AIlN0EtoHS
the public safety may require is sus-
sec!iou s. E.c....vs bail sh.a, not b -
ehA orusl and unusual p~uniAhmsuts be
indicted. nor shall witnesses be unrcason-
Section 8. iNo person shall, be held to
answer for . capital or otherwise infamous
erfme (el 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
peace, and in cases of petit larceny. under
the regulation of the legislature ~, no
person shall be held to answer for y capt
t3 or otherwise crime unless on
|. midi. Any person may. however. in the
ion or commitment by a magistrate. waive
Indictment and trial by jury ON a charxe
Of felony punishable by not exceeding FIVE
misdemeanor. all subsequent proceedings
being had by information before . su-
judge or Justice thereof. iii In any trial
In any court whatever the party accused
shall he allowed TO appear and defend in
II, and in any. criminal case shall have
the right TO ut least one appeal. No per
Jeopardy for the same onense: nor shall
he be compelled In any criInina case to be
q witness against himself nor be deprived
protection OF the laws; nor shall private
properly De taken lot puphc use without
Xbstract-The amendment permits a
person charged with a crime now requ'r-
Ing prosecution by Indictment 20 waive
Indictment and trial by jury. when the
punishment does not exceed Ave years i'm
sssSssI, though n Wiling pFsasn' to a p,s psr'S Guilty., 20
must wait In Jail or be he d on bail in
many instances several months before en-
session. This section as amended also In
sures at least one appeal in every criminal
rss e.s a right whieh Il mot nov secure srsn T1th
nature. The provision securing 10 every
person the equal protection Of the laws
now imposed by the federal constitution.
section Z "a When private property
,sn,i be taken * IL for mS any hSI ayaso use ws ssS , snoh
compensation ts not made by the state.
shall be ascertained tby a jury. orl by the
hut not with a referee, or by one or more
Aupreme court commissioner or. within
S nrs ' sars nm, r"1t f" "s n. '. .aSand d jnsirinn q.
partment not within the city Of New York
by not less than three commissioners APP
prescribed by law. Where the proceedings
are Instituted by a civil division Of the
state. compensation shall he paid before
such taking. unless the supreme court.
after hearing. because Of public necessity
shnll otherwise direct.
tb) Private roads may be opened in tho
manner to be presc ribed by law. but In
every case the necessity of the road and
the amount OF all dam &c 10 he sustained
by the opening thereof shall be frst de,
termined ny a jury OF freeholders, and
such. amount. together with the expenses
person to be Senea,ed'
(r) General laws may be passed per-
uniting. the owners or occupants OF swamp
or agriculture lands to construct and
maintain for the drainage thereof. neces-
cary drains. bitches and Idykesl dikes
upon the lands OF others. under proper
restrictions land with on making jus,
compensation. which -lali be assessed
against the property benefited thereby. tbut
no special laws shall be enacted for such
(d) The legislature may authorize cities
30 take more land and property than Is
ing out. widening, extending or reiocat-
Ing parks, public PAGES highways or
tional land and property 50 authorized to
be taken shall be no more than sufficient
to form suitable building sites abutting on
such park, public place. highway or street.
After so much OF the land and properly
has been appropriate for such park, pub:
leased. The legislature may also author
ise cities, for the esiab' i,hment 81 n uni
erty within an abandoned street or
highway snd to ,ell and lease it.
Aos''ae, ne piota,r "n, ub" co.
IL created under section eight OF Article
VIII, 10 determine the compensation where
H. to expedite the disposal Of claims there
for and to have such matters decided by
SasS mN whGs' ' Pse prS S@ly IT does Is to n sen Sp'
ply TO claims against tho ste.e. which are
decided ty the court Of claims The pro-
vision requiring a eivil division 70 pay
an abuse whereby. In some instances, an
owner has not received pay for his land
until years after he was deprived OF ia
use. swamp lands cannot be considered
a.. ssalSe't nnS i. p bsnai Ts ss mi. as smens.
ment. The provision requiring lands bepe-
fted by the construction Of a drain to
stand the expense thereof IL to facilitate
improvements heretofore prevented by Ju-
dicia! decisions denying the right to assess
such benefits. The final sentence OF the
section IL 10 enectuate proper street regu-
iation and Improvement, whore streets or
highways are abandoned, the lands lying
Idle and an eye-sore and II Is impossible
TO discover the owners
all subjects. being resIinsible FOR tho
abuse OF that right: and no law shall be
81 speech or OF the. press, In all criminal
prosecutions or indictments for libels. the
truth may be given In evidence to the
that the matter charged as libelous Is true,
and was published with good motives and
TOR ,nstinasle ends the party snail b..
RICH 10 determine the Law and the fact
section O. No law shall be passed abrldg-
s.ssmble and to petition The government,
or any department thereof; nor shall any
divorce be granted otherwise than by due
er the sale Of lottery tickets, pool selling
book-making or any ether kind OF gamb.
n95 ns ,S, be n sS'h i5s or allowed
pass appropriate laws to prevent orenses
against any Of the provisions of this Sec
section 10. Tho people OF this state. In
their right Of sovereignty, srs deemed to
possss: the original and ultimate property